LIQUORPLAN - YARRA CITY COUNCIL
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LiquorPlan
The town planners specialising in permit applications for licensed premises
PO Box 200, Ballan 3342
M 0410 762 304
E info@liquorplan.com.au W www.liquorplan.com.au
ABN: 14 242 281 164
28 April 2021
The Manager, Planning
Yarra City Council
PO Box 168
Richmond 3121
Dear Sir/Madam
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Use of land (fronting Murphy Street) for a Bar including sale and consumption of liquor for
consumption on the premises under a new On-premises liquor licence (existing Packaged Liquor
licence to be retained with reduced licensed area)
This application relates to a proposed Bar (operating under a proposed On-premises licence) that will
(separately) occupy part of what is a much larger licensed premises selling packaged liquor, with the existing
Packaged licence to be retained but with a commensurate reduction in its licensed (redline) area.
With the exception of Clause 52.06 Car parking of the Yarra Planning Scheme, which is now addressed
separately in its own section below, specific items of information requested by the Council in its requests
for further information of 18 January and 1 April 2021 are addressed in “the proposal” section of this letter.
INTRODUCTION
The proposed use of land for a Bar and the sale and consumption of liquor under the proposed On-premises
licence is appropriate given the commercial nature of both the site and much of the neighbourhood
(especially along Murphy Street), the location of all patrons inside the existing building without external
areas, the small patron capacity, the serving of food, and the lack of late-night (post-11pm) trading.
While there are residential uses near the site across Blazey Street, both the proposed patron area and
access/egress will be located away well from this street, at the Murphy Street end of the larger site; and
while there are also residential uses diagonally across Burnley Street from Murphy Street, Burnley Street is
also a busy, main road environment.
The proposal relates to an existing premises that has been licensed for many years; given both the above-
mentioned patron capacity and trading times, the lack of immediately-nearby licensed premises and the
availability of relevant services and facilities including public transport in the area, any broader “cumulative
impact” will be insignificant, except that the proposal will provide additional consumer choice.
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
EXISTING CONDITIONS
The site abuts the east side of Burnley Street, the north side of Blazey Street and the south side of Murphy
Street, Richmond. The site is rectangular with an area of roughly 1300sqm and fully contains a building
used for a Warehouse including the ancillary sale of packaged liquor1.
The business occupying the site until recently was Get Wines Direct, the current occupant (and licensee) is
The Liquor Masters Australia Pty Ltd trading as The Burnley By the Liquor Masters.
The main pedestrian entry to the site is off Burnley Street. A tasting area (a bar in which free tastings of
liquor now occurs) is located near the entry (along the inside of the front/west wall). An internal drive-thru
area between Murphy Street and Blazey Street (with corresponding roller doors) occupies the building's
rear/east. A bar area is currently being fitted out in the south of the building next to Murphy Street.
Pedestrian access is primarily via the main entry to the site off Burnley Street, though is also available from
the other adjoining streets through the existing vehicle openings. While there is no existing car parking on
the site, the drive-thru, which is just under 40m long and (in places) 6m wide contains enough space for
approximately 10 (queued) cars.
The existing licensed premises sells liquor for consumption of the premises under (VCGLR) Packaged liquor
licence 32054699 ("the existing licence"). This allows, "TRADING HOURS On any day other than Sunday,
Good Friday, ANZAC Day or Christmas Day Between 9am and 11pm Sunday Between 10am and 11pm
ANZAC Day Between 12 noon and 11pm (there is no specified "MAXIMUM CAPACITIES as this does not
apply to this type of licence). The area in which liquor may be sold or consumed under the existing licence
covers the whole building.
The site is about 185m north of the Bridge Road Major Activity Centre. The site is in a mixed commercial,
industrial and residential neighbourhood, with land use and development tending to reflect zoning. The
dwellings nearest to the site are on the opposite sides of both Burnley Street and Blazey Street, with the
nearest being on the north side of Blazey Street, opposite the site's northeast corner.
The site is in the Principal Public Transport Network Area (PPTNA). Public transport near the site includes:
trams along Bridge Road (and further away, Church Street and Victoria Street). The last outward-bound
non-Night Network services along Bridge Road near the site departs about 12.30am Monday-Thursday
(about 11.30pm, Sunday), about 1.30am Friday and Saturday. Trams along Bridge Road are part of the Night
Network and run all night on Friday and Saturday. Taxis are also generally available along Burnley Street.
Burnley Street is a well-known Richmond main road, which has onstreet parking and footpath on both sides.
Blazey Street and Murphy Street are both typical Richmond side streets.
Of the three abutting streets Murphy Street has by far the most onstreet parking spaces (the same angled
parking is located on both sides of Murphy Street east of Burnley Street). Near the site is 1-hour restricted
(7am-7pm Monday-Friday; unrestricted otherwise) onstreet parallel parking along both Burnley Street and
Blazey Street (parking along the rest of Blazey Street is permit-restricted), and 1-hour restricted (8am-5pm
Monday-Friday; unrestricted otherwise) angled parking along Murphy Street. Next to the site, is a total of
10 onstreet car spaces along the adjoining sides of these three abutting streets.
There is no major public offstreet parking near the site.
1
Please refer to my separate correspondence to Council on this issue
LiquorPlan – the town planners specialising in permit applications for licensed premises
2
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Locality plan including public transport, with site marked with red peg
Map with site highlighted in blue in centre and Principal Public Transport Network Area shown hatched
LiquorPlan – the town planners specialising in permit applications for licensed premises
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Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
The site
The site
Proposed Bar including patron area and the “bar” itself
Proposed patron area (area in front of kitchen on right)
LiquorPlan – the town planners specialising in permit applications for licensed premises
4
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Proposed kitchen area
Proposed entry to Bar (from Murphy Street) (photo provided by client). This will ensure that noise emissions are still able to be
contained in the building even when the (western) roller door is left up. The new entry is 0.6m behind the existing roller door,
which will remain closable
LiquorPlan – the town planners specialising in permit applications for licensed premises
5
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Existing liquor display/tasting area which will be retained (no liquor will be sold for consumption on the premises in this area,
which will remain as a tasting area associated with the existing Packaged Liquor Licence)
Burnley Street looking north from near site Site interface with Burnley Street
Signage along Burnley Street next to site
LiquorPlan – the town planners specialising in permit applications for licensed premises
6
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Murphy Street looking west from near site West side of Burnley Street opposite site
West side of Burnley Street opposite site
Murphy Street looking east from near site
Site interface with Murphy Street. Patrons will enter and exit the proposed Bar via this street
Burnley Street footpath next to site Murphy Street footpath next to site
LiquorPlan – the town planners specialising in permit applications for licensed premises
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Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
North side of Murphy Street South side of Murphy Street
Signage and taxi in Murphy Street
LiquorPlan – the town planners specialising in permit applications for licensed premises
8
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Blazey Street looking east from near site
Site interface with Blazey Street
Blazey Street
THE PROPOSAL
The proposal is the Use of land (fronting Murphy Street) for a Bar including sale and consumption of liquor
for consumption on the premises under a new On-premises liquor licence (existing Packaged Liquor licence
to be retained with reduced licensed area) 2:
• The On-premises Licence will cover the sale of liquor for consumption on the premises (in the Bar to
be located in the centre of the eastern part of the site only). At the nearest points, the Bar will be
about 40m from both the residential zones on the west side of Burnley Street and the north of Blazey
Street respectively (as well as being separated by building bulk).
2 Under the Liquor Control Reform Act, an On-premises Liquor Licence, authorises the licensee to supply liquor on the licensed
premises during "ordinary trading hours", the latter of which are between "7 a.m. and 11 p.m. on each day, other than Sunday, Good
Friday or ANZAC Day; ... 10 a.m. and 11 p.m. on Sunday; and ... 12 noon and 11 p.m. on Good Friday and ANZAC Day".
LiquorPlan – the town planners specialising in permit applications for licensed premises
9
Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
• The existing Packaged liquor licence will be retained, with its licensed/redline area reduced to exclude
the area now to be occupied by the proposed Bar.
• The proposed Bar will be independent of the use associated with the remainder of the site including
as above that there will now be two separate licences.
• The sale of liquor for consumption on the premises will occur (seven days per week): On any day other
than Sunday, Good Friday, ANZAC Day or Christmas Day Between 9am and 11pm; Sunday Between
10am and 11pm; and ANZAC Day Between 12 noon and 11pm.
• At any one time, there will be a maximum of 100 patrons in the Bar.
• While there will be no formal security staff there will be at least one (adult) staff member responsible
for security and patron management on the premises at all times when the use is operating/liquor is
sold or consumed. Relevant Responsible Service of Alcohol (RSA) program requirements will apply.
• In the unlikely event (given the size and location of the licensed premises) that queuing is required it
will be inside the site, and actively supervised, including by advising patrons of wait times, and
monitoring incoming prospective patrons for signs of potential intoxication.
• While the serving of food is not a requirement of an On-premises licence, food including from a
commercial kitchen (with a pizza oven) in the Bar will be served.
• Liquor will NOT be sold for consumption off the premises in the Bar.
• Patron access to the Bar will be via the existing western roller door and doorway from Murphy Street
• There will be no music other than lightly amplified background music. No live music entertainment,
DJs, dancing, amusement machines, gambling or sexually-explicit entertainment are proposed.
• Internal waste storage areas will be provided (within the bar and kitchen areas, not shown on plan).
• Emptying of bottles into bins in outdoor areas (there will be none in this case) will not occur after
10pm on any day, before 7am Monday to Saturday, or before 9am on a Sunday or public holiday.
• The premises will be entirely non-smoking.
• No outdoor patron area is proposed.
• 4 bicycle parking spaces will be provided in an area just behind the entry to the Bar.
• The Bar will operate under the submitted Noise and Amenity Action Plan (NAAP).
In relation to the specific information requested by the Council in its 18 Jan 21 further information request:
• The Bar will be independent of the use associated with the remainder of the site. This will include that
the licensees will be separate from each other.
• There will be a maximum of 6 staff (2 bar, 2 floor, 2 kitchen maximum) on the site at any one time.
• Please refer to the attached building surveyor assessment for calculation of the patron capacity. This
states, “the maximum number of occupants allowed equates to 100 patrons in total”.
• Food will be provided at all times that liquor is sold and consumed on site. Food will be substantial
(pizza and focaccia baked in the onsite oven). Please refer to the submitted indicative menu.
• No external alterations to the building associated with the proposed bar are proposed.
• Waste from the proposed Bar will be stored in the bin area on the larger site next to the Bar. This will
would hold a large recycling bin and a large general waste bin of approximately 1100lt each. Collection
by a private service will occur on Monday and Thursday.
PLANNING CONTROLS AND POLICY
LiquorPlan – the town planners specialising in permit applications for licensed premises
10Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
The Yarra Planning Scheme3
Land use in the municipality is subject to the Yarra Planning Scheme, a combination of state and council
provisions. All clauses referred to in this letter are from the Yarra Planning Scheme.
The definition of "Bar" (which replaced the former, Tavern term) at Clause 73.03 Land use terms is " Land
used to sell liquor for consumption on the premises. It may include accommodation, food for consumption
on the premises, entertainment, dancing, amusement machines, and gambling.". "Bar" is nested within
"Food and drinks premises", which in turn is nested in "Retail premises".
The site is in the Industrial 3 Zone (IN3Z). There nothing relevant to the application in the zone schedule.
Zoning map with site highlighted. Residential zones apply to the pink and red areas only; those in brown are industrial zones
"Retail premises (other than Shop and Take away food premises" is a Section 2 ("Permit required") use in
the IN3Z. No conditions apply. The IN3Z also includes the following:
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To provide for industries and associated uses in specific areas where special consideration of the nature and impacts of industrial
uses is required or to avoid inter-industry conflict.
To provide a buffer between the Industrial 1 Zone or Industrial 2 Zone and local communities, which allows for industries and
associated uses compatible with the nearby community.
To allow limited retail opportunities including convenience shops, small scale supermarkets and associated shops in appropriate
locations.
To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land uses.
The site is also in a Design and Development Overlay. No other overlays affect the site.
3 Non-applicable clauses
The following clauses(s), that might otherwise be thought applicable, also do not apply in this case:
• 43.02 Design and Development Overlay - this does not trigger a permit requirement as no external development is proposed;
• 52.34 Bicycle facilities – the proposal does not trigger any requirements under this clause.
• 53.06 Live Music and Entertainment Noise - no live music or entertainment is proposed.
LiquorPlan – the town planners specialising in permit applications for licensed premises
11Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
52.06 Car parking
In relation to carparking requirements under Clause 52.06 Car parking, the site is in the Principal Public
Transport Network Area and there is no relevant Parking Overlay. For a "Bar”, the table at Clause 52.06-5
therefore requires that 3.5 Car spaces “To each 100 sqm of leasable floor area” must be provided.
As the Bar will have 210 sqm of leasable floor area, Clause 52.06 thus requires the provision of onsite
parking spaces based on the following formulae, 210*3.5/100= 7.35 spaces (rounded down, as per the same
clause, to 7 spaces). As 0 spaces will be provided (and exemptions/credits do not apply/cover the whole
requirement), a permit is required to reduce this car parking requirement.
52.27 Licensed premises
Clause 52.27 Licensed premises includes:
Purpose
To ensure that licensed premises are situated in appropriate locations.
To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.
Scope
These provisions apply to premises licensed, or to be licensed, under the Liquor Control Reform Act 1998.
Permit required
A permit is required to use land to sell or consume liquor if any of the following apply:
• A licence is required under the Liquor Control Reform Act 1998.
• …
Under Clause 52.27 Licensed premises, five decision guidelines apply. These are set out and addressed in
the “merits” section of this report, below.
52.34 Bicycle facilities
This clause does not contain any specific bicycle facility requirements for a “Bar”. However, 4 bicycle spaces
will be provided on the site.
Summary of applicable permit requirements
In this case a planning permit is required to:
• Use of land for a Retail premises/Food and drink premises/Bar in the IN3Z (Clause 33.03);
• Reduce onsite car parking provision requirements (from 7 to 0) (Clause 52.06); and
• Use land for the sale and consumption of liquor pursuant to an (On-premises) licence to be issued
under the Liquor Control Reform Act 1998 (Clause 52.27).
Note: a permit is not required to reduce the licensed/redline area of the existing Packaged liquor licence –
Clause 52.27 specifically states that its permit requirements do not apply “To a variation that reduces the
area within which liquor is allowed to be consumed or supplied under a licence”. A permit was/is also not
required for the physical fitting out of the bar area inside the existing building, because an exemption
applies under Clause 62.02-2 Buildings and works not requiring a permit unless specifically required by the
planning scheme to, an “internal rearrangement of a building or works provided the gross floor area of the
building, or the size of the works, is not increased and the number of dwellings is not increased”.
Introduction to relevant state and local planning policy
There are several relevant state policies mainly relating to noise/amenity and business. On the Strategic
Framework Plan at Clause 21.03 Vision, the site is in a "Potential Commercial and Industrial Area".
LiquorPlan – the town planners specialising in permit applications for licensed premises
12Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Strategic Framework Plan from Clause 21.03 Vision, with approximate site location marked with arrow
The key section of the Municipal Strategic Statement (MSS) is: Clause 21.04-3 Industry, office and
commercial. There are two relevant local policies: Clauses 22.05 Interface Uses Policy and 22.09 Licensed
Premises Policy. Details of all relevant policies are provided (and responded to) below.
The merits of the application
The Bar use including sale of liquor for consumption on the premises is consistent with all relevant policy:
• 13.05-1S Noise abatement and 13.07-1S Land use compatibility. Given the site context, the scale,
nature and operating hours of the proposal, the setback distances from adjoining residential and other
sensitive uses and the fact patron entry/egress will be via (non-residential) Murphy Street, the proposal
is unlikely to result in any significant or unreasonable noise emissions (including from patron dispersal).
The Bar will be located inside a building; noise emissions would also be commensurate with ambient
noise levels currently around Burnley Street, a main road bounded by an industrial zone, and Murphy
Street, which is located in two industrial zones (impacts on dwellings along Blazey Street will be largely
avoided by the location of the Bar and entry/exit points away from this street). These setback distances
will also ensure that proposal is unlikely to result in any significant or unreasonable noise emissions.
• 17.01-1S Diversified economy – the proposal will help to strengthen and diversify the economy.
• 17.02-1S Business – This seeks to “To encourage developments which meet community’s needs for …
entertainment … services and provide net community benefit in relation to accessibility, efficient
infrastructure use and the aggregation and sustainability of commercial facilities”. While it does not
involve external development, the proposal will achieve this outcome by involving a new business use
on a site that already contains a business use and adjoins many other business uses.
• 17.04-1S Facilitating tourism –while it will not relate to a tourism facility per se, the proposal will assist
in attracting visitors such as tourists to Richmond.
• 18.02-1S Sustainable personal transport– by providing onsite bicycle parking, being in a walkable
neighbourhood and having good public transport access.
• 18.02-4S Car parking - by having good access to appropriate onstreet car parking.
LiquorPlan – the town planners specialising in permit applications for licensed premises
13Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
• 21.04-3 Industry, office and commercial. The proposal will achieve the outcomes sought by the MSS,
applying to land in an Industrial 3 Zone, having a small patron capacity, conservative trading times and
background music only; and otherwise satisfying the relevant local policy, Clause 22.09.
• 33.03 Industrial 3 Zone. In relation to the zoning, as above, the IN3Z includes as part of its Purpose: "To
allow limited retail opportunities … in appropriate locations”. The proposal involves a Retail
premises/Food and drink premises/Bar on a site that has contained a much larger licensed premises
for many years, abuts in four directions other land also in the Industrial 3 Zone or the Road Zone, has
three road abuttals, onstreet parking access, and no other adjoining licensed premises. While it will be
a commercial use in an industrial zone, Clause 22.09 envisages licensed premises can be appropriately
located in an Industrial zone, making specific reference to such zones in relation to trading hours.
Furthermore, the IN3Z Purpose indirectly encourages the proposal by seeking “To implement the
Municipal Planning Strategy and the Planning Policy Framework”. While the IN3Z also seeks “To ensure
that uses do not affect the safety and amenity of adjacent, more sensitive land uses”, the proposal will
achieve this by having its main external interface away from the nearest dwellings, not being within 30
metres of a residential zone and having a limited (11pm) closing time.
Oblique aerial photo, with arrow indicating location of the proposed Bar. Both the Bar itself and its entry off Murphy Street
will be separated by building bulk and/or distance (at least 40m) from the nearest residential use, marked with blue pegs
22.05 Interface Uses Policy
This Clause includes:
This policy applies to applications for use or development within:
• Mixed Use, Business and Industrial Zones
• a Residential 1 Zone where the subject site is within 30 metres of a Business or Industrial Zone
• a Residential 1 Zone where the subject site is within 30 metres of an existing business or industrial use.
22.05-1 Policy Basis
The policy supports the objectives of the MSS by protecting Yarra's diverse land use mix and built form, reducing conflict between
commercial, industrial and residential activities, and supporting appropriate industrial and commercial activity.
While the mix of land use creates a diverse and interesting inner city character, it also may create conflict at the interface between
the land uses. Issues of concern include:
• Noise
LiquorPlan – the town planners specialising in permit applications for licensed premises
14Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
• Visual impact and appearance
• Overlooking
• Odour and air emissions
• Light spill
• Loading and unloading
• Rubbish removal and storage
• Construction noise
In order to maintain the viability of industrial and business areas there is a need to ensure that new residents do not have
unrealistic expectations of the level of amenity that can be achieved. New dwellings must be constructed to protect residents as
much as reasonably possible from the inherent conflicts. There is also a need to ensure that commercial and industrial activities
are well managed having regard to their proximity to residential uses.
22.05-2 Objectives
• To enable the development of new residential uses within and close to activity centres, near industrial areas and in mixed
use areas while not impeding the growth and operation of these areas as service, economic and employment nodes.
• To ensure that residential uses located within or near commercial centres or near industrial uses enjoy a reasonable level
of amenity.
This policy applies to the consideration of all planning permit applications, where a permit is required pursuant to Clause 52.27.
The following table contains an assessment against the “Policy requirements” of this policy:
Policy requirement How the proposal responds
22.05-3 Policy
The Bar will be in a solid building in an already
It is policy that: noisy largely industrial and main road
• New residential use and development in or near commercial environment. It will have no patron access
centres and activity centres and near industrial uses
includes design features and measures to minimise the other than from Murphy Street, no direct
impact of the normal operation of business and industrial residential interface, no music other than
activities on the reasonable expectation of amenity within
the dwellings. background music and no trading after 11pm.
• New non-residential use and development within Business Thus, its impacts on nearby residential
and Mixed Use and Industrial Zones are designed to neighbours will be reasonably limited.
minimise noise and visual amenity impacts upon nearby,
existing residential properties.
22.05-4.1 Dwelling Design
While this section of the policy does not
… technically apply to the proposed use in this
case, it does underline the fact that the
“Interface issue” is a “two-way” street, ie the
burden of residential amenity protection is not
the sole responsibility of commercial uses only.
22.05-4 Guidelines
While the proposal does not involve new
22.05-4.2 Non-Residential Development Near Residential external development many of the same
Properties
amenity-protection principles would apply:
……
• The building has only limited openings that
would allow for noise or other emissions.
• The main external patron entry/exit of the
licensed premises will not be to Blazey
Street. Patrons will be concentrated in the
building, or when outside (entering or
leaving) on Murphy Street only, which is
LiquorPlan – the town planners specialising in permit applications for licensed premises
15Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
characterised more by industrial,
commercial and transport uses than
residential ones.
• Any permit or licence conditions relevant
to noise attenuation or other amenity
issues will be met at all times.
22.05-4.3 Commercial Waste
This can be made subject to a Management
• Business and industrial use is to ensure that commercial Plan via by a permit condition or simply via
waste (solid, gas and liquid) management practices, storage
and disposal are carried out with a minimum of odour and individual conditions to garbage collection and
noise disruption to nearby residential properties. the like.
• A Waste Management Plan that includes details of
proposed waste management practices, storage and
disposal will be required where waste disposal, collection or
storage may cause unreasonable detriment to the amenity
of adjoining residential properties.
22.05-4.4 Construction Management
This is not relevant to the proposal.
• …
22.09 Licensed Premises Policy
This Clause includes:
This policy applies to an application under Clause 52.27 - Licensed premises.
22.09-1 Policy Basis
The City has over 700 licensed premises. The majority of these premises are in commercially zoned areas. However, a large number of licensed
premises are also in residential areas or are adjacent to residential areas. Licensed premises in commercial areas have generally developed in
clusters. This incidence has increased over the past decade through change in land use patterns across the City.
Licensed premises contribute to the vibrancy and economic strength of the municipality, providing diverse opportunities for social interaction,
artistic and cultural activity including live music, food and entertainment, as well as supporting other primary functions.
However, considerable tensions sometimes develop between licensed premises and residential and other commercial land uses. These tensions
relate to impacts on the amenity of the area including noise, patron behaviour off the premises and waste management.
There is a higher risk of adverse amenity impacts from licensed premises which operate late at night and encourage vertical drinking by having a
low proportion of seating and a limited food offering. Licensed premises, including restaurants and cafes, which have a substantial food focus and
a high proportion of seating have a lower risk of adverse amenity impacts.
Larger licensed premises (with a capacity exceeding 200 patrons) are encouraged to locate in Core Entertainment Precincts. These precincts are
defined by the Commercial 1 Zone and limited to properties fronting (and with pedestrian access) from the listed Murphy Streets.
The Core Entertainment Precincts have been selected because of their existing character and their capacity to accommodate future larger licensed
venues with supporting infrastructure and services in the activity centres. By encouraging larger licensed premises to locate within these precincts
the cumulative impacts on the surrounding area can be better assessed and managed.
This policy seeks to manage potential amenity impacts between licensed venues and other land uses.
22.09-2 Objectives
To protect the amenity of nearby properties and areas by effectively managing the location, size, operation and hours of licensed premises.
To encourage best practice venue design and venue operation for licensed premises.
To protect residential and other commercial uses from excess noise, traffic and car parking issues.
To provide for daytime trade and active street frontages in retail strips, while providing reasonable commercial opportunities for the trading of
licensed premises.
22.09-3 Policy
It is policy that:
….
The following is an assessment of the proposal against Policy requirements of this clause:
LiquorPlan – the town planners specialising in permit applications for licensed premises
16Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Requirement Response
Location and Access The proposed Bar will NOT have a capacity of more
• Licensed premises with a capacity of more than 200 patrons than 200 patrons and will be located where there:
should locate in the following Core Entertainment Precincts
(defined by the Commercial 1 Zone and limited to properties • The land is not zoned residential (it is in the
fronting (and with pedestrian access) from the listed Murphy
Streets.): IN3Z) but, in any case, will have a licensed
o Swan Street west of Church Street capacity of much less than 200 patrons.
o Bridge Road west of Burnley Street
• Potential amenity impacts from (but not limited
o Victoria Street west of Burnley Street
to) patron noise, ingress and egress of patrons,
o Smith Street between Gertrude Street and Alexandra
Parade queuing of patrons, (no smoking areas are
o Brunswick Street between Gertrude Street and Alexandra proposed), and dispersal of patrons from the
Parade site can be appropriately managed or buffered -
• Licensed premises should be located where: while there are residential zones nearby, the
o The land is not zoned Residential (excluding the Mixed Use low patron capacity and limited trading hours of
Zone).
o Potential amenity impacts from (but not limited to) patron
the Bar are respectful of this fact.
noise, ingress and egress of patrons, queuing of patrons,
smoking areas for patrons, and dispersal of patrons from • There is opportunity for a good level of public
the site can be appropriately managed or buffered. safety and surveillance of patrons as they enter
o There is opportunity for a high level of public safety and and leave the premises. The proposal will
surveillance of patrons as they enter and leave the
premises.
improve the site’s interface with Murphy Street.
o The premises would not result in an unreasonable • The Bar will not result in an unreasonable
cumulative impact on the amenity of the surrounding
area. cumulative impact on the amenity of the
surrounding area – this is discussed below in
relation to the fifth decision guideline of Clause
52.27.
Noise emissions and other amenity impacts will
appropriate because:
• Much of the neighbourhood is non-residential
including that the area to the north, east and
south of the site is in Industrial zones and
Burnley Street is in a Road Zone Category 1;
• Noise from patrons will be significantly
contained within the building’s solid walls (the
Bar will be separated by distance and building
bulk from the nearest dwellings in Blazey Street
and Burnley Street);
• The main external interface of the Bar will be to
Murphy Street - patrons will enter and exit via
that street; and
• The trading hours will be limited (to 11pm).
It is anticipated that conditions to protect the
amenity of the area would also apply to any permit
issued, with all such conditions enforceable in the
event of non-compliance, including conditions to
limit:
• Noise, ie requiring compliance with State
Environment Protection Policy N-1 (Control of
Noise from Commerce, Industry and Trade).
LiquorPlan – the town planners specialising in permit applications for licensed premises
17Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Compliance with the above measures will
ensure that Clause 13.04-1 Noise abatement,
which seeks to implement various EPA Noise
Policies, will be met.
• Patron capacity (to the number proposed).
• Trading hours (to the ones proposed).
• Collection of bottles and other waste (to within
appropriate hours to avoid sleep disturbance).
Venue Design The proposed (straightforward) layout and design of
• The layout and design of new licensed premises incorporate the Bar will be in accordance with this document.
safe design principles as detailed in the Design Guidelines for
Licensed Venues (Victorian Commission of Gambling and Page 4 of the Design Guidelines states:
Liquor Regulation 2017).
The guidelines seek to create well designed, safer spaces in licensed
• The entry and exits points of a licensed premise and the areas
premises for patrons and staff. More specifically, the guidelines will assist
for queuing of patrons are located away from sensitive land
investors, licensees and operators of licensed premises to understand key
uses.
issues impacting on behaviour as well as assisting designers, architects and
• Waste management and storage is provided on-site, and noise planners to:
enclosures are provided where bottle crushers are to be used.
• devise well designed spaces which reinforce positive behaviours, and
maintain these spaces over time
• maintain clear lines of sight and maximise opportunities for passive
surveillance of spaces
• reduce congestion and crowding inside venues and at venue entrance
points
• ensure that all areas of a venue are designed and managed for their
purpose
• promote better communication between staff and patrons (through signs
and other indicators)
• ensure safety in public spaces and reduce overall amenity impacts on
adjacent properties.
The layout of the proposed Bar responds to this by:
• providing several separate spaces (promoting
intimacy between groups of patrons) within a
larger area that can easily be supervised by staff;
• maintaining clear lines of sight and maximising
opportunities for passive surveillance of spaces
including the entry (there are two main staff
areas – the kitchen and the bar – which are
respectively located in the north and centre of
the Bar - toilets are located in the south); and
• reducing congestion and crowding inside the
venues and at the entry by having a relatively
small patron capacity occupying a relatively
large floor area (ie a low patron density).
The patron entry/exit point of the Bar will be off
Murphy Street, (and – though it is unlikely that the
Bar would require queueing), this will ensure that
any queuing will be away from sensitive land uses.
Waste management and storage will be provided on-
site; no bottle crushers are proposed.
LiquorPlan – the town planners specialising in permit applications for licensed premises
18Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Hours of Operation The sale of liquor for consumption on the premises
• Licensed premises in a Residential zone (other than a Mixed will occur (seven days per week): On any day other
Use Zone) should not provide for the sale and consumption of
liquor beyond 8pm, unless the responsible authority is satisfied
than Sunday, Good Friday, ANZAC Day or Christmas
that it will not adversely affect the amenity of the area. Day Between 9am and 11pm; Sunday Between 10am
• Licensed premises in a Mixed Use Zone should not provide for and 11pm; and ANZAC Day Between 12 noon and
the sale and consumption of liquor beyond 10pm, unless the 11pm. Note: these are also the same hours as under
responsible authority is satisfied that it will not adversely affect
the amenity of the area. the existing Packaged Liquor Licence.
• Licensed premises within 30 metres of a residential zone should
not provide for the sale and consumption of liquor beyond
The locational and zoning features of the site that
11pm, unless the responsible authority is satisfied that it will will allow the new hours to be accommodated
not adversely affect the amenity of the area. without unreasonable adverse amenity effects on
• Licensed premises in a Commercial or Industrial zone should
surrounding uses are described above.
not provide for the sale and consumption of liquor beyond
1am, unless the responsible authority is satisfied that it will not
adversely affect the amenity of the area.
The larger site (though not actually the Bar itself) is
• Packaged liquor outlets should not provide for the sale of liquor
within 30m of a residential zone; the proposed hours
after 11pm. are in accordance with this policy.
• For outdoor areas, including smoking areas, rooftops and open
courtyards, the sale and consumption of liquor should not No outdoor trading area is proposed.
occur after 10pm, unless the responsible authority is satisfied
that it will not adversely affect the amenity of the area. Delivery, waste collection and bottle-emptying times
• Licensed premises (including packaged liquor outlets) should will be within the times referred to in the policy.
not commence the sale and consumption of liquor before 9am.
• Deliveries to and waste collection from a licensed premises
should not occur after 10pm on any day, before 7am Monday
to Saturday, or before 9am on a Sunday or public holiday
except for those allowed under any relevant local law.
• Emptying bottles into bins in outdoor areas should not occur
after 10pm on any day, before 7am Monday to Saturday, or
before 9am on a Sunday or public holiday.
• An assessment of the impact of the hours of operation on the
amenity of nearby properties and the surrounding area must
consider:
o The proposed use and licence type.
o The zoning of surrounding land.
Map showing walking distance from approximate location of
o The location of the premises, location of car parking and
Bar to nearest public transport (east-bound tram stop in front
availability of public transport, taxi ranks and ride sharing.
of 533 Bridge Road). Almost the entire route is along Burnley
o The nature of surrounding uses and hours of operation. Street, which being in a Road Zone Category 1 and adjoining a
o Potential noise emissions from the premises. mix of residential, industrial and commercial zones, is not a
o The impact of patrons arriving and leaving the premises, “residential area”
including:
• for venues operating after 10pm, whether access
from the licensed premises to public transport is
likely to be through a residential area; and
o Any cumulative impact on the amenity of the area.
Patron Numbers At any one time, there will be a maximum of 100
• The number of patrons should not exceed the safe and patrons in the 210sqm Bar.
amenable operating capacity of the premises. An assessment
of the maximum number of patrons that can be physically This will allow a density of 1 patron per 2.1sqm of
accommodated within a venue should be based on the VCGLR
Liquor Licensing Fact Sheet – Maximum Patron Capacity
floor area, which is much lower (and more beneficial,
(2016). providing a more relaxed internal environment than
• The number of patrons reflects the strategic and physical otherwise, which in turn will facilitate better patron
context of the site and will not adversely affect the amenity of
nearby properties and the surrounding area, including by any
behaviour) than the maximum 1 patron per 0.75 sqm
unreasonable cumulative impact. allowed by the VCGLR according to its fact sheet.
The issues under the second dot point are discussed
variously throughout this letter.
LiquorPlan – the town planners specialising in permit applications for licensed premises
19Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
Noise There will be no music other than lightly amplified
• Noise from the operation of the licensed premises should not background music. No live music entertainment, DJs,
have an unreasonable impact on the amenity of the area.
or dancing are proposed.
• Noise emissions from licensed premises should comply with the
standards specified in the State Environmental Protection Given the site context, the scale, nature and
Policy or any other relevant requirement such as accepted
sleep disturbance criteria or relevant Australian Standards. operating hours of the proposal, and the setback
• On-site noise attenuation measures should be applied for distances from adjoining residential and other
licensed premises where unreasonable amenity impacts on the sensitive uses, the proposal is highly unlikely to
surrounding area may result from the proposed activities.
result in any significant or unreasonable noise
• Where required, a licensed premise must be designed and
managed in accordance with an acoustic report approved by
emissions including from patron dispersal.
the responsible authority.
The Bar will be located inside a building; noise
emissions would also be commensurate with
ambient noise levels currently around Burnley
Street, a main road bounded by an industrial zone,
and Murphy Street, which is located in two industrial
zones (impacts on dwellings along Blazey Street will
be largely avoided by the location of new patron
areas and entry/exit points away from this street).
These setback distances will also ensure that
proposal is unlikely to result in significant or
unreasonable noise emissions.
Given the above (and that the nearest residential
uses are about 40m from the site and separated by
both building bulk, and on one side, a busy main
road), there is no reason to think that relevant State
Environmental Protection Policies would not be met.
Noise and Amenity Action Plan A Noise and Amenity Action Plan is included with the
• Where required, licensed premises are managed in accordance application.
with a Noise and Amenity Action Plan (NAAP).
Application to amend an existing permit While the new Bar will be separate to the existing
An assessment of an application to vary or extend an existing licensed premises, it is worth noting that the existing
permit for a licensed premises, must consider:
Packaged liquor licence has a five-star licence rating,
• Any relevant information about the previous and current indicating good management over a period of at
operation of the premises including, but not limited to
complaints received by relevant authorities such as the Yarra least three years.
City Council, Victoria Police, and the Victorian Commission for I am unaware of complaints received by relevant
Gambling and Liquor Regulation.
authorities such as the Yarra City Council, Victoria
• Any contravention of a permit condition or liquor licence.
• Whether the conditions on the existing permit regulating the
Police, and the Victorian Commission for Gambling
venue design, hours of operation, patron numbers, and noise and Liquor Regulation or any contravention of a
and amenity impacts are adequate. permit condition or liquor licence (noting however
that my client only recently took over the licence).
22.09-4 Application requirements
An application must be accompanied by the following
information:
A site analysis plan detailing: Please see submitted Site Context Plan.
• The proximity of the licensed premises to residential properties
and other sensitive land uses, including details of doors,
windows and open space areas on all residential properties in
close proximity to the site; and
• The nature and location of uses surrounding the proposed
licensed premises including the type of licensed premises in the
area, the hours of operation and patron numbers.
• The location of off street car parks within the locality of the
subject site, including the nature of any time restrictions.
LiquorPlan – the town planners specialising in permit applications for licensed premises
20Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
• The location and hours of operation of any transport services
including rail, tram, bus, taxis and ride sharing.
Site and floor plans detailing: Please see the submitted redline plan.
• Existing floor plans of all levels of the building(s) and outdoor
areas on the site.
• Proposed floor plans of all levels of the building(s) and outdoor
areas on the site including a calculation of floor areas in square
metres, the use and patron capacity of all areas to be licensed,
waste storage area, security lighting and any amplification or
speaker system. Where applicable, the location of queuing
areas, CCTV surveillance, areas where live performance is to
occur, dance floor areas and smoking areas.
• A ‘red-line plan’ showing the public areas where alcohol will be
sold and consumed. For packaged liquor, a ‘red-line plan’ is
required showing where alcohol will be displayed for sale and
where it will be sold.
A written submission including the following information: A Building Surveyor’s Assessment is now submitted.
• A description of the proposed use(s), the type of licence(s)
sought, hours of operation, provision and hours of food service,
seating ratios and the type of music and/or entertainment to
be offered.
• An assessment by a building surveyor detailing the patron
capacity of the licensed premises where an application
proposes an increase in patron numbers or a new licence.
• Details of waste management (including storage and hours of
collection for general rubbish and bottles associated with the
licensed premise), bottle crushers, and delivery times
associated with the licensed premise.
• An assessment of all potential off-site impacts including
identification of ways in which such impacts will be managed
and mitigated.
• Where relevant, the views of the Victoria Police.
Where required, A Noise and Amenity Plan (NAAP) which must The Bar will operate under the submitted Noise and
include the following information:
Amenity Action Plan.
• Procedures to be undertaken by staff in the event of complaints
by a member of the public, the Victoria Police, an ‘authorised
officer’ of Council or the Victorian Commission for Gambling
and Liquor Regulation.
• The management and dispersal of patrons, including patrons
loitering around the venue after the venue has closed.
• The management of large group bookings.
• The management of smokers and on and off-site smoking
areas (particularly where liquor may not be allowed to be sold
and consumed within the smoking area after a particular
time).
• The management of external queues.
• How the movement and exit of patrons is to be managed,
particularly where there is a requirement to close different
sections of the venue at different times.
• Details of the provision of music including the frequency and
hours of entertainment provided by live bands and DJs.
• Any other measures to be undertaken to ensure no
unreasonable amenity impacts from the licensed premises.
A NAAP is not required for an application for a restaurant
(including a café) or a packaged liquor outlet.
Where required, an acoustic report prepared by a suitably An acoustic report is not reasonably required
qualified and experienced acoustician which must specify details
of: because no music other than background music is
• All noise sources and methods to be undertaken to control
proposed, and there will be good separation (40m in
noise emissions to satisfy State Environment Protection Policy each direction plus building bulk) between the
(SEPP) No.1 – Control of Noise from Commerce Industry and proposed Bar and the nearest existing dwellings.
Trade and SEPP No.2 – Control of music noise from public
premises or any other requirement, such as accepted sleep
disturbance criteria or relevant Australian Standards.
LiquorPlan – the town planners specialising in permit applications for licensed premises
21Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
An acoustic report is not required for an application for a
packaged liquor outlet (any hours) or a restaurant (including a
café) where the preferred hours of operation specified in this
policy are met.
Where required, a written report which must demonstrate how This is addressed above in this letter.
each of the design elements of the Design Guidelines for Licensed
Venues have been addressed in the layout, development and
management plans for the premises.
A written report is not required for an application for a restaurant
(including a café) or a packaged liquor outlet.
Where required, a cumulative impact assessment, being either: While a formal Cumulative Impact Assessment
• An assessment against the guidelines specified in Planning pursuant to Planning Practice Note 61 is not required
Practice Note 61: Licensed Premises: Assessing Cumulative
Impact where the site is identified within a “cluster” of licensed
in this case, due to the proposed lack of post-11pm
premises; or licensed trading (PPN61 itself provides a relevant
• A statement explaining why a cumulative impact assessment exemption), an assessment of cumulative impact has
is not required having regard to those sections of Practice Note been provided below in response to the fifth dot
61: Licensed Premises: Assessing Cumulative Impact titled
“When to use the guidelines” and “What is a cluster?” point of Clause 52.27.
A cumulative impact assessment is not required for an application
for a restaurant (including a café) (any hours) or a packaged liquor
outlet where the preferred hours of operation specified in this
policy are met.
52.06 Car parking
This clause includes the following Purpose:
To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework.
To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the
land and the nature of the locality.
To support sustainable transport alternatives to the motor car.
To promote the efficient use of car parking spaces through the consolidation of car parking facilities.
To ensure that car parking does not adversely affect the amenity of the locality.
To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient
use.
Clause 52.06-6 Application requirements and decision guidelines for permit applications includes:
For applications to reduce the car parking requirement
An application to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking
Overlay must be accompanied by a Car Parking Demand Assessment.
The Car Parking Demand Assessment must assess the car parking demand likely to be generated by the proposed:
• new use; …
• …
Clause 52.06-6 states “The Car Parking Demand Assessment must address the following matters, to the
satisfaction of the responsible authority”. Each matter is included (and responded to) below:
Matter How the proposal responds
• The likelihood of multi- Given the nature of Bars and the location of the site, it is unlikely that there
purpose trips within the
locality which are likely to would be a high level of “sharing” of parking between it and the existing
be combined with a trip to adjoining uses, though some customers, staff, residents etc of any adjoining
the land in connection with
the proposed use.
use (including the commercial and industrial ones) might visit the Bar the
without creating a separate car parking demand.
However, what is applicable to a Bar use is that many patron would get
dropped off, come in a vehicle shared with others (including with a
designated driver), or arrive or depart by taxi or Uber.
LiquorPlan – the town planners specialising in permit applications for licensed premises
22Application for Permit
157-161 Burnley Street Richmond 3121 (Lot 1 TP813638)
• The variation of car Given the nature of such uses, the peak parking demand days/times of the
parking demand likely to
be generated by the proposed Bar would be weekday evenings (especially later in the week) and
proposed use over time. weekend days and evenings.
These charts (from Google) show relative patronage demand levels for each hour on
Thursday to Sunday at my (sub)client’s existing Hotel at 406 Napier St, Fitzroy. While it will
not be a Hotel, the difference between a Bar and a Hotel is only that the latter can sell
“takeaway” liquor, and the demand pattern applying to the proposed Bar would be similar
As can be seen, most of the demand is outside the times during which
onstreet parking along Murphy Street in particular is restricted.
• The short-stay and long- As is typical of such uses generally, most patrons of the proposal would
stay car parking demand
likely to be generated by generate a “short-stay” parking demand, ie less than a period of four hours,
the proposed use. and in fact be more like two hours or less; some patrons might generate a
longer stay and staff (in either case, as indicated below, there is adequate
parking available to accommodate this demand on the site).
• The availability of public The site is in the Principal Public Transport Network Area (PPTNA) indicating
transport in the locality of
the land. that it has excellent public transport access, including that there are two
tram routes (one of which, though not necessarily required in this case, is
• The convenience of
pedestrian and cyclist the Night Network) along Bridge Road (a map showing the walking distance
access to the land. between the site and the nearest tram stop is included above).
• The provision of bicycle
parking and end of trip
As the site adjoins both a wider residential area and roads with bicycle
facilities for cyclists in the lanes, it is convenient to both pedestrians and cyclists.
locality of the land.
Onsite bicycle parking (four spaces) will be provided.
• The anticipated car No empirical assessment has been carried out for the proposed Bar but
ownership rates of likely or
proposed visitors to or (and while the reduced PPTNA parking rates already recognise this), five
occupants (residents or important factors - shared parking, taxis/Ubers, public transport, cycling
employees) of the land.
and walking - that would significantly reduce parking demand below
• Any empirical assessment otherwise normal rates exist here.
or case study.
Clause 52.06-6 also requires that “Before granting a permit to reduce the number of spaces below the
likely demand assessed by the Car Parking Demand Assessment, the responsible authority must consider
…” a number of further issues, each of which is also included (and responded to) below:
Matter How the proposal responds
LiquorPlan – the town planners specialising in permit applications for licensed premises
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