Kiama Council has issued a “stop use” notice to Finding Fillmores to stop running the business as an entertainment venue.

Council also issued a second notice to remove the Grifter Brewing Company sign affixed to the outside of Fillmores.

Kiama Council’s issues with Fillmores have played out over the past two years, the most recent development occurring on 11 May when Council issued the cafe with a Development Control Order (DCO) requiring it to meet conditions of consent regarding noise and operating hours. 

These conditions mean Fillmores must cease any noise that’s five decibels above acceptable background noise and restrict patronage to 50 seated customers. Council says Fillmore’s DCO also includes building and safety matters that must be addressed.

“We have notified the venue owner and operator of Fillmores of our concerns previously. We have held several meetings, onsite visits, issued emails and letters of warning,” Council stated in a press release.

“A formal Development Control Order had also remained in place since earlier this year. Fillmores are aware of the issues that they need to address and have not applied for a DA.”

“Ample time has been provided to date to seek compliance and unfortunately this has not been achieved. Further it has been observed that activities have increased particularly over this busy summer period. We therefore must take appropriate action to seek for the matter to be resolved.”

Kiama Council maintains its position that Fillmores requires a Development Application to operate the venue for live entertainment. 

“Council’s strong advice has been and remains that Fillmores move through a development application (DA) process like any other business or home in the LGA is obliged to do,” a Kiama Council spokesperson told The Bugle.

As the authoritative body for ensuring businesses comply with planning laws, Kiama Council is also obligated to investigate complaints and take action to make sure issues are addressed.

Fillmores owner Morgan Lewis disagrees entirely with Kiama Council’s position.

Morgan argues that hosting live entertainment at Fillmores is not only permissible under current laws, but that he’s received praise from various State Government bodies for helping to promote the evening economy.

“They say we need a DA, but they can still put whatever restrictions they want on me. A DA isn’t going to solve Fillmores problems,” said Morgan.

“This is much greater than Fillmore’s problems, this is our community’s issue and how do we deal with an evening economy and bring vibrancy to the town if they respond to one complaint with fictitious complaints and treat it as gospel and try to shut the business down.”

Kiama Council’s media release states that Fillmores now has 28 days to respond to the stop use motion. Further time will be allowed to comply with the notice, and if Fillmores continues to disobey the notice, fines could be issued in the order of $3000 in the first instance.

If the issue goes unresolved and winds up in court, Fillmores could face fines of up to $1 million, and an additional $10,000 each day for continued non-compliance.

Fillmores stated on it’s Facebook page it would continue operating as usual throughout the summer break.