Geelong’s closed Beach House facing court on ‘health breaches’, City alleges

The tenant of Geelong’s The Beach House restaurant faces court next month on alleged “legal health breaches”, City Hall has revealed.
The news follows a report that the Eastern Beach venue had unexpectedly closed, with its owner blaming council for “not being helpful” in lease extension negotiations. The closure was a “spur of the moment sort of decision”, the owner was reported to have said.
Geelong Magistrates’ Court lists City of Greater Geelong as the prosecuting agency against Eastern Beach Views in a mention hearing on 9 May.
“Unfortunately, I can confirm that there are currently legal health breaches under the Food Act listed for hearing at Geelong Magistrates’ Court on 9 May, 2016, involving council and our tenant at Eastern Beach,” said the city’s investment and attraction general manager Brett Luxford.
The council had yet to receive “any notification” of the restaurant’s closure, Mr Luxford said.
“Regarding the Beach House, I can confirm that over the past two years our officers have had two meetings with the tenant regarding renewal of the lease. In both meetings, held on 23 April, 2014, and 12 March, 2015, we told the tenant that we valued our business relationship and would welcome a business proposal to renew the lease.
“In a subsequent email on 2 September, 2015, the tenant told us he was working on a business proposal and would have it to us in the coming months.
“That’s the last communication we’ve had on the lease and we’ve not had any recent request for a new lease or for rent abatement.”
Mr Luxford said the council had complied with all legislative requirements and obligations under its lease agreement with the tenant and had offered ongoing support to assist with its business operations.
“For example, when requested, we offered flexible rent payment plans to take into account the seasonal nature of the business, including the impact of council’s seawall re-construction project a few years ago.
“As well, in the last four years council has spent about $20,000 to maintain the property as per our lease obligations and as a responsible building owner. This involved about 70 separate maintenance jobs done at the property.”
Mr Luxford said the city had no outstanding requests for maintenance.
He expressed the council’s “sincere regret” about any business closing in Geelong and “acknowledged the stress for everyone involved in such an event”.
The Independent has sought comment from The Beach House’s owner.