Imperial wins final court battle
The Imperial Hotel has won its second court battle against the City of Sydney, but still no opening date can be confirmed.
The Land and Environment Court again ruled against the city, which had appealed the Imperial Hotel’s allocation of patron numbers and other points.
Owner Shadd Danesi is still waiting for the council to respond to his application for an Occupation Certificate Report, the last hurdle he anticipates before setting an official opening date.
“We’re close. Once I get the certificate I’ll probably need another two weeks to advertise and get the behind the scenes stuff together,” Danesi told Sydney Star Observer.
He estimated the process has run-up costs that will extend into the millions.
“It’s cost $500,000 in legal fees alone. I’ve got to factor in interest on that, lost opportunities, the time and the energy spent fighting court cases — all costs that must be passed on eventually,” he said.
“I feel the hotel has been persecuted. I’d like to see an inquiry into council treatment of business Development Applications.
“The Australian Hotels Association should be pushing for fairer attitudes and holding the politicians and councils more accountable for what they’re doing.
“If this is about stopping alcohol-related violence then stop the crap and start doing something constructive. They know full well they’re not discouraging anything at the moment, it’s just a grab for money.”
A spokeswoman for the city said further appeals against the hotel would not be lodged.
“The City will treat the Imperial Hotel as it does any other business operating within the Local Government Area,” the statement read.
“As part of the approved 12-month trial, the court imposed a plan of management which includes progressive shutting down of bars to provide for staggered departures; having security direct patrons to the taxi stand and bus pick-up point, with security guards at each of these points; and a reduction in the queuing on the footpath and consequent reduction in potential noise impacts.”
Geoff
I totally understand the frustration you feel with Sydney City Council, as I have experienced first hand council’s lies, deception and vagrant disregard for fair and equitable process.
I have absolutely no respect for a Council that does not play with a straight bat, it is totally un Australian and as far as I am concerned they should be brought to task over these issues.
I made a complaint to the NSW Ombudsman regarding the City of Sydney Council [with proof of misconduct]and the letter I received back from the NSW Ombudsman stated they had to look through about 7000 complaints a year and mine was not a priority.
Sydney City Council is either extremely incompetent or just plain Corrupt either way they should not have the power to govern this City. The reponsibilities of a Council should only be given to fair, honest and competent people.
I dont believe certain people in power at Sydney City Council Council have these attributes.
Clover only wants a filthy dirty Darlinghurst like she has a filthy Redfern and Surry Hills and George Street and Haymarket. Being clean is one thing she hates. Darlinghurst Road Kings Cross another dirty venue which should all be demolished and High Rise built.
Hey I liked the Imperial as it was….. Just needed a coat of paint and a clean floor. I’m curious to know what its going to turn into!!!! its not oxford street and thats what I liked about it…. it was gay and funky…. it could turn into the Titanic if the owner thinks people are going to pay an arm and a leg just to get in there. We’ll do it once or twice but its Erskinville…. I never stay in the same venue all night.
Another thing The City of Sydney got right was the refusal of the proposal to place a stilletto on the roof of The Imperial.
If Danesi can not be bothered contributing to the urban appeal of Erkinville village by cleaning and renovating the exterior of his building then you can imagine how shabby and decrepid the stilletto would have looked in no time at all.
And how do we achieve ‘planning processes’ and ‘obligation to its ratepayers and residents to make sure businesses follow correct processes without fear or favour to ensure public amenity and the safety of patrons blah blah blah heard it all before…. the public at large’?
By taking small business to court over and over again (wasting rate payer’s money in the process)? Of course losing their court battles every single time?
My point in comparing the Councils actions to Customs is that these Government organisations can abuse their powers by using their unlimited resources to crush whomever they please (with relentless court battles) with no accountability whatsoever…
Disliking successful business people is NO excuse for this…
Geoff….What a lot of hogwash comparing the City of Sydney correct planning processes to some custom related investigation of a clothing company back in the 90’s .
The City of Sydney has an obligation to its ratepayers and residents to make sure businesses follow correct processes without fear or favour to ensure public ammenity and the safety of patrons , to ensure greed and commercial opportunism is not favoured over the greater good of residents and the public at large.
Clover Moore and indeed the rest of Sydney Council should read up on a few cases where government agencies abuse their powers and have gone out of their way to send legitimate businesses downhill.
One that comes to mind Midford clothing company that Customs sent broke in the 90’s. They did it again in 2003, and here is an extract from a 60 minutes story in 2003 (perhaps their next story will be on Clover and the Sydney Council):
It was an appalling abuse of power; an honest man — a battler — ruined by vindictive bureaucrats. They went after him, and didn’t let up until his business was wrecked and he was bankrupt. And the truly galling thing is … it was all for nothing. Not only that, it had happened before. This was an exact replica of a story reported by Richard Carleton 10 years ago; a case where eventually the Customs Service was forced to admit it was wrong, and quite rightly paid $28 million compensation to the company it destroyed. This time around though there’s been no admission, no pay-out … no justice at all.
I share Chris’s anger…how dare this man risk his own money to renovate, rebuild and reopen a gay venue.
And think how much quieter the neighbourhood if only it was left like the Newtown is.
Ben..If Danesi is down to his last dollar and can’t afford a tin of paint maybe you could pass the hat around and buy him a Bunnings gift card.
Chris – No doubt the money for fixing up the exterior has been swallowed in legal costs fighting the vindictive actions of Sydney City Council.
Peter M….the fate of The Lord Mayor of Sydney ( and arguably the best one this city has ever had) will not rest on the fate of one shabby looking pub in Eskinville…if you or others here think it does…you’re dreaming !
It looks like a pub eh Alex…well it looks like a tired and run down dump of a pub from the outside…flaky paint on the window frames and awnings , pollution stained brickwork…there are plenty of pubs i go to which contribute to the appeal of their neighbourhoods by maintaining their facades ….The Imperial obviously have no interest in being a good neighbour and adding to the appeal of Erskinville village.
Are we almost over Clover? I wonder.
It doesn’t look like a dump, it looks like a pub, and that’s because it is a pub.
Allot of money spent… I wouldnt be suprised if for the first year or so they stick to an over priced cover charge to get into the place.
Yet another court case won by the Imperial against Clover Moore.
The owner – with his own money at risk, not taxpayers – has been treated appallingly.
Half a million in legal costs is a strong deterrent against anyone investing in new gay or lesbian venues.
Good luck to the Imperial and my admiration to the people willing to risk so much of their money.
With all the bleating from the owner about all the money the owner has spent on renovations the exterior looks like a dump!