A David-and-Goliath battle has begun between Casey Council and a Tooradin family restaurant over its ability to play outdoor tunes.
Owner of La Casa Sawtellis Rob Cauzzo says he’s lost an “absolute squillion” in revenue in what he claims is a “misleading” council condition banning outdoor music at the South Gippsland Highway venue.
“We’ve been playing music for the first two years, and then we decided to have entertainment on Sundays in the afternoon then we got a complaint from a neighbour and the whole thing went pear shape from there,” he said.
According to Mr Cauzzo, he was granted a council permit to have an outdoor area four-and-a-half years ago so the restaurant could host weddings, birthdays and other special events.
“Unbeknownst to us on the permit they put that we’re not allowed to have any music at all, not even a radio in the back area,” he said.
“It beggars belief. They (council) keep telling us it’s because we’re changing the amenity of the area by having music outside.”
Mr Cauzzo says he was baffled by the council’s clause as “they were quite aware what we wanted to use the area for.”
“They decided for whatever reason to grant us an area and a permit to have liquor licence; then they put on the clause no external music.
“Our liquor licence says can have background music outside but the council permit says we can’t,” he said.
Casey statutory planning and building services acting manager Craig Tate said the venue was entitled to play music at background levels.
“The owner currently has an application with council that seeks to amend the permit to allow for live music and entertainment at the venue,” he said.
Mr Tate said council was waiting on an acoustic report from the applicant: “Council can’t progress the application, to advertising or to decision, until that report is received.”
“Council will consider all submissions in its assessment of the application, be they for or against the proposal.”
However, Mr Cauzzo argued “If we’re entitled to play background music then why have we been fined three times for doing so.”
“We’ve done everything they’ve asked to do.”
Meanwhile, Mr Cauzzo has launched a petition, which has attracted 4000 signatures, against the council’s condition.
Mr Cauzzo said the future of his restaurant was in jeopardy: “We’ve lost so much income from this.”
He added the situation “just doesn’t make sense” as hundreds of trucks passed through every day. “That makes more noise than someone playing a radio.”
