Beauty Point residents are frustrated that Bega Valley Shire Council has done nothing meaningful about the noise coming from Camel Rock Brewery, Bar and Grill.
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Resident John Fladun raised the issue about the loud live music in a three-page letter to BVSC mayor and CEO on October 11, 2023.
A further four direct communications followed.
Mr Fladun said BVSC has yet to respond except to say the matter has been referred to staff for investigation.
In November about 60 residents responded to a local letterbox drop.
They registered their interest in being updated of developments because they were affected by the din.
Straw that broke the camel's back
Resident Peter Storey has previously said that when the brewery first opened in 2017 live music was not part of the operation but once it started, it grew exponentially.
The residents had been suffering in silence until August 2023 when a handful received notification of the brewery's application to the Independent Liquor and Gaming Authority (ILGA) to extend its operations.
They learnt the application was to extend the outdoor area where alcohol can be served and consumed.
That was the breaking point that led them to speak out.
ILGA pointing to council
Mr Fladun said several residents made submissions to the ILGA about the application in September 2023.
"Since then residents have registered complaints online with the ILGA about the noise including a soundbite we took on December 30 that demonstrated how loud it can get," he said.
Mr Fladun said one of his complaints was investigated by ILGA staff who found no breach of the brewery's licencing conditions.
"There was a clear indication from the ILGA that its jurisdiction on noise is limited to where it involves patrons drinking.
"The clear indication was to talk to Council because it was the entity that approved the development application (DA) for the brewery," Mr Fladun said.
Council unresponsive
Mr Fladun followed up his October 11 communication by sending the same letter to the Mayor and Councillors Helen O'Neil and Liz Seckold on October 22.
On November 26 he sent an email to BVSC CEO's assistant requesting an update on any developments.
There was no response.
On December 2 Councillor O'Neil emailed Mr Fladun to say staff were further investigating.
Mr Fladun responded he wanted Council "as a board", not its staff, to take a policy position that a live music venue is inappropriate in a residential setting.
Again, there was no response.
"They keep referring it to staff instead of addressing the issue," Mr Fladun said.
On March 18, he sent a recording of "caterwauling" live music from the weekend to the Mayor and same two councillors.
Long-stay guests at caravan park impacted
He asked why some five months on they had not received an official reply in "what appears to be a complete absence of accountable governance".
Resident Taz Partridge said it is not only residents of Beauty Point who are impacted.
The so-called annuals who pay a fee to stay in their caravans at the BIG4 Wallaga Lake Holiday Park for 180 days a year have also spoken to the park's staff about the loud music.
"They were told if they had an issue they could leave," Mr Partridge said.
"That is not helpful for the homelessness situation."
Tony Payne, BVSC manager, certification and compliance, said council staff are continuing to investigate the matter by carrying out site visits and reviewing supporting information that is provided by nearby residents.
"Investigations to date have identified that Camel Rock Brewery is complying with the conditions of its DA relating to hours of operation, however further assessment is needed to determine whether the emitted noise levels are appropriate.
"If sufficient evidence is obtained that identifies noise levels are above what was approved in the DA, Council will consider issuing a prevention notice or Order to ensure compliance with the development consent," Mr Payne said.
He said complainants also have the option to seek their own Noise Abatement Order under the Protection of the Environment Operations Act 1997 (POEO Act) through the Local Court.
There is also a free mediation service available from the Community Justice Centre, which has a high success rate in resolving neighbourhood noise matters without the need to progress to Court.
