The latest meeting was on Friday November 29 when a group of councilors led by Executive Manager Ivan Gilbert and Councillor Simon Huggins, along with enforcement and acoustic engineers visited the venue for discussions with owner Guy Palermo.
Palermo told Beat the meeting was “cordial”. The outcome was that the parties will over the next 12 months work together to sound proof the venue.
Ironically, the serial complainer who caused the hassle for The Bendigo has left the neighbourhood. After moving in, in March and starting to complain a month later, he vacated the premises last Tuesday November 26.
That ironically was the day that The Bendigo was to have faced the Victorian Civil and Administrative Tribunal (VCAT). The Council claimed that the venue breached noise levels six times from June to October this year, and wanted an interim order to stop live music at the Bendigo until an acoustic expert carried out tests.
The Bendigo’s defence was going to be that without being able to host live music, it would not be able to survive financially. If the matter had not been resolved this month, it would have been postponed to the next VCAT meeting, in February. Palermo would have argued he wouldn’t have been able to keep the club open until then.
Luckily for the venue, City of Yarra Councillor Stephen Jolly heard about the issue through Beat and social media, and called an emergency meeting to prevent the VCAT session. Jolly told Radio 3AW, “I was really angry with the council bureaucrats because they’d rushed to VCAT…taking The Bendigo Hotel and putting it at risk of closure without telling any of the Councillors, without any discussion within the organisation.”
Palermo says that two things are in the process of happening.
First, the Council and Bendigo’s lawyers will send a joint letter to VCAT to pull the case off its schedule and that the two parties are mediating.
Secondly, and equally as important, the City of Yarra will remove the interim order request. “We don’t want it over us. It’s a loaded gun at our heads,. It means we can be hauled back to VCAT in five days (if there’s a breach). It’s unheard of. We’re not saying we’re perfect. But we’re saying to Council, We’ll work together to make you happy. No venue wants an interim order like this.”
Palermo was astounded at how quickly the Melbourne music community mobilized to protest The Bendigo’s plight. “I was absolutely astounded, but at the same time it was also expected. Every weekend I see the power and passion that live music fans and musicians have.”
