Manly restaurant owner to take council to court over $15k fine
An Italian restaurant owner in Manly will fight the council over a $15,480 fine for using three private carparks for outdoor tables.
Council says it warned the operator not to use the car parks for popular eatery Casa di Louie.
The fine came after a single complaint was made three years after the restaurant made its move.
Owner Louie Stella is taking the matter to the magistrates court after he was told council would not waive the fine even if he removed four outdoor tables, some fencing, pot plants and a non-permanent roof, all erected in 2021.
Stella faces a $40,000 bill if he applies for a revised development application for the outdoor seating.
In 2021, Stella’s landlord offered him a 10-year lease within a retail precinct. After signing a letter of intent stating that he needed extra space, Stella claims the landlord’s agent suggested he expand into three of the precinct’s 95 car spaces.
Stella said he would have to separate diners from cars. He engaged a builder, who told him to seek Council permission. Council officers told him it was not allowable and Stella then told the landlord he was happy to pull out of the lease.
It was then that Stella claims the mainland Chinese landlord’s Australian agent advised him to go ahead with the expansion. The agent confirmed the “high-level” advice.
It should also be noted Council never issued a show-cause notice or an offer-to-remedy Stella and that Stella heard nothing from Council for three years until October last year when it advised him of a single complaint about “safety’’.
“They won’t say who complained or give me their investigation report, but said it was about (car) manoeuvrability.
“There is plenty of room. The carpark has never been full and the busiest it gets is 10 per cent full in the mornings, when there are pilates classes and the coffee shop is busy.’’
Following an internal review, Stella was told the fine stood.
“Now, they’ve accepted it can go to court but still there is no date listed,’’ he said.
“It’s a huge fine for a small business. It’s like I’ve done something horrible.
“I’m trying to survive, I’m trying to bring business and employ people.’’
Deputy Mayor Krista Adams and Civic Cabinet Chair for City Standards Kim Marx said Stella had ample warning.
“Council has explained multiple times to Mr Stella that the infringement was issued after he installed an outdoor dining area without approval and against the advice he received from Council,’’ a Council spokeswoman said.
“We acknowledge the resident’s frustration, but Council has an obligation to investigate complaints received and this could have been avoided if Mr Stella followed Council’s initial advice.
“Mr Stella has been provided on several occasions with the appropriate organisations to refer the matter should he feel the need.’’
Jonathan Jackson, 11th March 2024
