Owner Paul Mavor said the condition, stipulated by the City of Vincent and upheld by the SAT in its November 20 decision, was restrictive.
‘This is a quite a busy section of road, 22,000 cars go past each day,’ he said.
‘My argument is that small bars are quiet by nature and attract a more mature clientele, so this condition is still unfair.’
Mr Mavor said his bar should be subject to the same conditions as four other small bars in the City, The Classroom, The Cabin, Amani Bar and Wee Bar that all trade to midnight.
The SAT decision says while noise from inside the venue could be controlled, noise associated with people coming to and from the venue was not and would negatively affect residents.
‘The Tribunal accepts that small bars of themselves can be considered low risk noise sources; however, the extent of operation of this small bar is not confined to the premises or the subject lot, but extends into a public area (carpark) that is outside the control of the premises.
‘Given that the amenity of the residents in the immediate locality will be adversely affected by the proposal, it may, in this instance, be reasonable to impose conditions on the hours of operation of the small bar.’
The SAT decision said that the hours of operation of other small bars should not determine the Green Street bar hours.
But SAT removed two other conditions imposed by the City of Vincent on the proposed bar that would have limited the hours of courtyard operation and sale of alcohol.
Mr Mavor said the earlier closing hours would not stop his plans to turn the former Mt Hawthorn pharmacy into a bar, focused on tapas style food, WA wines, beers and cider. He has applied for a liquor licence, and hopes to open in early January.