Eighty centimetres and one frustrated neighbour was all it took to force the Cricketers Arms hotel to pack away its street dining.
The Surry Hills pub had set up three tables and six chairs on the footpath that lines its entrance. As Sydney was enjoying the beginning of its post-pandemic and post-lockout night-time summer renaissance, the atmosphere at the pub – known to locals as The Crix – was booming.
The pub has permission from the City of Sydney council to serve food and alcohol to the tables on Fitzroy Street and, with the revamp of its bistro, general manager Janna St Leon was excited for the pub to ride the wave of alfresco dining and night-time economy initiatives encouraged by the New South Wales government.
The tables proved popular throughout summer and were bringing in thousands of extra dollars a week.
But on the first weekend of Sydney’s World Pride festivities last month, council officers descended on Fitzroy Street to issue a warning.
A resident of the street had complained that the street dining seats were not being used in the way they had been approved. The council found that a chair had been moved about 80cm from where it ought to be: it warned the Crix that the next time such a breach occurred, the pub could cop thousands of dollars in fines.
“How are we supposed to stop people from moving a chair a bit because they want to face the person they’re talking to?” St Leon said. “It’s such a human nature thing, especially when you’re having a good time and enjoying the vibe. How are our staff supposed to constantly police that, when they’ve got a million and one other things to do?”
The Crix was not the only venue put on notice that day. The resident had complained about four neighbouring restaurants and cafes.
All have since scaled back their outdoor seating, including The Crix.
“It’s too much of a risk to keep the tables out there because the punishment is so swift, the onus on us is too great,” St Leon said. “The stress isn’t worth it.”
The Eveleigh’s plea for help
The pub’s story is far from isolated.
Last week, the Eveleigh hotel issued a plea for help after it was hit with planning restrictions proposed by the City of Sydney council. The venue claims that after “incessant noise complaints from a neighbour”, the council is moving to tighten restrictions on live music. This would end its only recurring live music performance – Saturday afternoon jazz – which ends at 7pm.
The pub claims it also cannot afford the cost of renovations requested by the council to reduce noise leakage or the loss of revenue from reducing its outdoor seating.
The Eveleigh hotel has launched an online petition calling for public support to oppose the council’s restrictions. If the tighter restrictions proceed, the pub has hinted it may have to ditch its no pokies, family-friendly atmosphere.
A City of Sydney spokesperson said of the Eveleigh Hotel: “We have made clear to the venue that its live music can continue and there will be no enforcement action while we work together to resolve noise issues regarding amplified music in their dining area.”
The spokesperson said the issues stemmed from the conversion of a quiet storeroom, which shares a wall with a residential property, into a dining room with amplified music.
The ‘unreasonable minority’
Meanwhile, Marrickville’s live music venue The Great Club is facing what its owner characterises as an existential threat brought about by just three local residents.
The club has attracted continuous noise complaints as Sydney’s nightlife has gradually ramped up throughout 2022, and licensee Alison Avron claims noise complaints have resulted in reduced operations and lost income.
Avron says she faces potential soundproofing costs of $250,000 to become compliant.
“This is the voice of an unreasonable minority, some of whom even recently relocated next to our club, which has, in various capacities, been operating here since the 1950s,” the club says on a crowdfunding page to raise money to pay for the costs.
The Inner West council said the Great Club held “a couple” of non-compliant events in late 2022, and is convening a mediation meeting between the venue’s owner and neighbours next week.
“We’re hopeful that we can work with both parties to find a solution that works for the Great Club and its neighbours.”
Nimbyism v an ‘open’ Sydney
While complaints of Nimbyism are common, especially in a Sydney that is constantly being developed, some locals are growing frustrated at the ability for the complaints process to restrict nightlife that attracted them to their area.
Mick Radojkovic, 46, a media systems manager and community radio host, says he was drawn to live in Darlington because of the vibrant music scene.
“I’m always surprised when people move into houses which are in this area or near venues and then complain about the music or the vibrancy,” he says.
“I get it that noise can be disruptive and we have a lot of railworks at the back of our place, which can be really noisy sometimes. I would rather hear beating music and trains than honking trucks revving their engines in the middle of the night.”
Matt Levinson, director of corporate affairs at the urban thinktank Committee for Sydney, said that for state governments and councils wanting to improve the vibrancy of Sydney following lockouts and Covid restrictions, live music venues need to be viewed as a tool to encourage other neighbouring businesses.
“Every music venue is precious because each one builds a tight-knit community around it, people who will go out midweek or on the weekend to see shows,” he said.
“Governments are rightly encouraging venues to book live music and open out on to the streets for alfresco dining, but their efforts are challenged by compliance officers who haven’t got the memo.”
The NSW cities minister, Rob Stokes, said: “If venues and residents can spend more time speaking to each other rather than involving regulatory authorities, our cities will be better for it.
“People who choose to live near pubs, restaurants and cafes need to accept that there’ll be some noise and they’ll need to share the footpath with diners."
“Council rangers need to use their discretion, and facilitate dialogue between residents and businesses, rather than constantly issuing infringement notices to venues already struggling with staff shortages and inflation.”
If elected, Labor plans to dramatically simplify the process for those complaining about compliance to encourage cooperative mediation.
“There are currently seven agencies that regulate sound in NSW,” Labor’s night-time economy and music spokesperson, John Graham, said.
“Labor will simplify the process so that residents know who to phone if they have an issue, and neighbours and venues can peacefully mediate, and we’ll provide practical support to venues for soundproofing.”
‘It can happen here’
Back at the Crix, even as their outdoor dining tables remain packed away, the threat of noise complaints looms large.
However, a City of Sydney spokesperson said the council was trying to encourage outdoor dining options from businesses, and noted it was not currently charging for outdoor dining licences.
The spokesperson said the “needs of a business must be balanced with the needs of pedestrians, access requirements, parking and proximity to other businesses” and that, given the nature of Fitzroy Street, space for outdoor dining was limited. Rangers did not fine the venue, but “reiterated the importance of keeping outdoor seating spaces within the agreed limits to ensure pedestrian safety”.
Steve Latimer, who has been a manager at the pub since 2018, says the pub’s Wednesday live jazz night has seen strong crowds lately, to the point extra staff are being put on. “It’s just a shame all that extra capacity outdoors is suddenly gone.”
St Leon says the spectre of the Hopetoun hotel, which has sat abandoned nearby on Fitzroy Street since closing partly due to noise complaints in 2009, is a constant threat.
“If it can happen there, it can happen here.”
