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FILLMORE'S TAKE KIAMA COUNCIL TO COURT OVER RIGHT TO TRADE Local blues and roots nightclub, Fillmore’s, is taking the Kiama Council to court to contest the stop use orders and fines. Fillmore’s owner Morgan Lewis refuses to apply for a Development Application (DA), and has consulted planning legislation experts. “They agree that what we are doing is supported by the legislative framework created to support the live music industry in NSW and Australia,” Lewis said. “We have legal representation who recently tried to walk Kiama Council’s latest compliance officer through how Fillmore’s is legally trading as a business but to no avail. “I have received a $3000 fine for ‘not complying’ to which I have requested the council explain their position as no further detail was given on the fine. “Kiama Council for whatever reason, have been hell-bent on shutting down a very wholesome, inclusive, accessible, all ages, cultural hub that is putting us on the map and weekly brings visitors from out-of-town to spend in our community,” Lewis said. Council’s legal advice
states that Fillmore’s needs a top apartments were built DA to continue its operations next door and some tenants as a nightclub, especially for have complained about the weekend-long festivals and noise. live ticketed events. In the last two years, there Fillmore’s has a complying have been more than 60 development certificate to complaints from residents operate as a café, issued by about noise. a private certifier. It also has Two of the apartments ada liquor licence supported by jacent to Fillmore’s are now council in 2022. According to the council, the conditions of consent specify matters such as low noise levels, strict operating hours and limitations on the number of patrons. “The ticketed amplified live music events are not included within the conditions of consent for a café and require a separate consent. The only way to get these is to lodge Credit: Finding Fillmore's. a DA, like all local businesses and home builders,” a council spokesperson said. up for sale. A source inside The development control the apartment complex told order issued to Fillmore’s on The Bugle the weekend 17 February 2023 set out a noise from the nightclub was range of building and safety the main reason the owners issues, which have not been were selling. fixed. “Is there electrified music Fillmore's on Manning at El Corazon? El Corazon Street began trading around said recently on the commuthe same time luxury shopnity forum it spent $50,000
annual report. Until March 2023, NSW had lost more than half of its live music venues, with just 133 venues on the books. But since then, 157 pubs, clubs and other live venues have come onboard and qualified for the NSW government extended trading incentives in return for staging live music and backing local musicians. Credit: Destination Kiama. The NSW budget has set aside more a year on live music,” Lewis than $45.4 million in funding said. “This is performed out- in support for artists and live side underneath residential venues through funding to units. Do they have a DA to Sound NSW and the Office be an entertainment facility, of the 24-Hour Economy no. Why? Because they don’t Commissioner. need one,” he said. Yet while the council will But the Terralong street still enforce its local statutes Mexican restaurant has live and codes, the Office of the music from 1-4pm on week24-Hour Economy Commis-
tions,” Lewis said. “The change is here and the power is being taken from local government as they are too resource poor and are not supporting live music as is needed,” Lewis said. Recently, Lewis was awarded a $45,000 grant from the Commonwealth Government as part of its Revive initiative. Revive is a five-year-plan to renew Australia's arts, entertainment and cultural sector. The Federal Member for Gilmore Fiona Philips MP, who presented the grant, said it was important to support and grow Australian live music. “It is directed at increasing performance opportunities for original contemporary music by Australian artists at venues like Fillmore’s, which will stimulate a vibrant and sustainable music industry
ends, it doesn’t promote itself as a music venue nor does it charge people to get in. The COVID-19 lockdown and noise complaints have killed 1,300 small and midsized live music venues in Australia – about one-third of the live music sector – according to the last APRA
ecosystem,” Philips said. It was unknown whether Lewis’ legal action was being funded from the $45,000 grant. Fiona Philips’ office did not reply to questions from The Bugle.
sioner will assist local councils through reform, grant programs and precinct-based initiatives, to help create vibrant communities across NSW. "We want diversity and an economy that extends beyond 4pm. We want vibrancy that inspires the next genera-
Malcolm King