Reasons for Decision Licensee: Deemat Pty Ltd Premises: Katherine Hotel Licence Number: 80101789 Proceeding: Complaint Pursuant to Section 48(2) of the Liquor Act Conduct of Premises Relating to Excessive Noise Heard Before: Mr Richard O’Sullivan (Chairman) Mr Philip Timney Mr Walter Grimshaw Date of Hearing: 24 November 2010 Appearances: Mr Rickie Cullen, Dual Nominee Mr Peter Lee, Dual Nominee Inspector Mark Wood for the Director of Licensing Ms Kelly, Co-proprieter of the Katherine Motel Background Mr Mark Baker, a Director of Kelback Pty Ltd the lessee of the Katherine Motel, lodged a complaint with the Director of Licensing in respect of noise emanating from the Katherine Hotel. The complaint as lodged relates to noise from karaoke in the back bar of the Hotel (the Garden Bar) during the daytime and late night noise from amplified music. The Director of Licensing referred the complaint to the Commission pursuant to Section 48(2) of the Liquor Act (the Act). The complaint is made in relation to conduct contrary to Section 110 of the Act in that the Licensee failed to comply with the noise condition attached the Liquor Licence. Karaoke is being conducted at the Katherine Hotel between the hours of 10am and 3pm, predominately on a Thursday and Friday in the Garden Bar at the rear of the premises. The Katherine Motel is located immediately behind the Hotel. Both premises were previously operated as a single business. The Garden Bar also includes a jukebox and amplified music is sometimes played in this area during the evening. Mr Baker’s complaint alleges that the levels of the music and singing emanating from the premises can clearly be heard in the surrounding areas and impacts on the amenity of the Katherine Motel which abuts the Garden Bar. Formal complaints were received from Mr Baker regarding late night amplified music on 6 March 2010, 17 April 2010 and 8 May 2010. Police have been requested to attend to deal with noise issues on several occasions. A Police report provided to the Director notes 3 callouts on 1 August 2009, 17 April 2010 and 8 May 2010. The Police intervention on 1 August 2009 and 17 April 2010 resulted in the music being turned down at the direction of Police and the Police members attending on 8 May 2010 did not consider the noise to be undue. It should be noted that a similar complaint was lodged by Mr Baker against the Licensee of the Katherine Hotel in June 2008. The outcome of the hearing of that complaint is
Reasons for Decision Licensee: Deemat Pty Ltd Premises: Katherine Hotel Licence Number: 80101789 Proceeding: Complaint Pursuant to Section 48(2) of the Liquor Act Conduct of Premises Relating to Excessive Noise Heard Before: Mr Richard O’Sullivan (Chairman) Mr Philip Timney Mr Walter Grimshaw Date of Hearing: 24 November 2010 Appearances: Mr Rickie Cullen, Dual Nominee Mr Peter Lee, Dual Nominee Inspector Mark Wood for the Director of Licensing Ms Kelly, Co-proprieter of the Katherine Motel Background Mr Mark Baker, a Director of Kelback Pty Ltd the lessee of the Katherine Motel, lodged a complaint with the Director of Licensing in respect of noise emanating from the Katherine Hotel. The complaint as lodged relates to noise from karaoke in the back bar of the Hotel (the Garden Bar) during the daytime and late night noise from amplified music. The Director of Licensing referred the complaint to the Commission pursuant to Section 48(2) of the Liquor Act (the Act). The complaint is made in relation to conduct contrary to Section 110 of the Act in that the Licensee failed to comply with the noise condition attached the Liquor Licence. Karaoke is being conducted at the Katherine Hotel between the hours of 10am and 3pm, predominately on a Thursday and Friday in the Garden Bar at the rear of the premises. The Katherine Motel is located immediately behind the Hotel. Both premises were previously operated as a single business. The Garden Bar also includes a jukebox and amplified music is sometimes played in this area during the evening. Mr Baker’s complaint alleges that the levels of the music and singing emanating from the premises can clearly be heard in the surrounding areas and impacts on the amenity of the Katherine Motel which abuts the Garden Bar. Formal complaints were received from Mr Baker regarding late night amplified music on 6 March 2010, 17 April 2010 and 8 May 2010. Police have been requested to attend to deal with noise issues on several occasions. A Police report provided to the Director notes 3 callouts on 1 August 2009, 17 April 2010 and 8 May 2010. The Police intervention on 1 August 2009 and 17 April 2010 resulted in the music being turned down at the direction of Police and the Police members attending on 8 May 2010 did not consider the noise to be undue. It should be noted that a similar complaint was lodged by Mr Baker against the Licensee of the Katherine Hotel in June 2008. The outcome of the hearing of that complaint is
101216_Katherine_Hotel_110.docx