We are absolutely devastated to announce that ATET, Melbourne’s beloved open-air event space situated in Docklands is being forced into closure only 8 months after launching. 

We feel an incredible sense of injustice, not only of the outcome, but due to the process that we have been put through. After the Council supported the project for 3 years and granted us a permit with the exact conditions we have been operating under, we feel we have been misled at every turn, denied due process and denied natural justice.

Only 24 hours prior to the notice, we provided a detailed submission to Council positively answering every Council concern. We have been reducing volume levels, using silent disco headphones and doing everything we can to address community concerns.

In the space of 8 months, ATET has quickly become an iconic venue and an integral part of Melbourne culture. We have become a home for the music and arts community, providing a platform for local artists to share their talent and attracting a multitude of international artists from all over the world.

We are providing a genuinely unique experience unlike anything on offer in Melbourne, an alternative atmosphere to late night bars and nightclubs, and a healthier environment to enjoy day-time music events in the open air. We are creating a vessel for human connection, community, and celebration, and this cannot be underestimated, especially after losing this for two years through COVID-19.

Melbourne has long prided itself as the Australian capital music, arts, nightlife, and culture. We need to protect and support our cultural institutions and uphold this reputation.

We now start the quest for a new home and a second life. As we embark on this journey, we are now calling on other municipalities and State Government to see the value of ATET and support our survival. We are asking you to help us show these authorities what ATET means to Melbourne.

ATET was built on the concept of community, and we turn to you now to help save our floating home. 

So if you’ve ever joined us on the barge for a bottomless brunch, danced under our disco ball, shared a laugh with our wonderful staff or enjoyed a Good Time Gaz burger, we need your support to amplify this message and help us find a new home.

Please sign this petition, share this post and tag it with #SaveATET

SUPPORT FROM COUNCIL

The ATET project has had the full support of City of Melbourne since it was first proposed in June 2020. Council approved our Planning Permit with a complete understanding of the type of venue and operations we were undertaking:

• They knew we were an open-air venue, enclosed with PVC only.
• They knew we were hosting music events Friday – Sunday.
• They knew the current temporary location of the venue.
• And the only condition they put on noise was a requirement to comply with the noise limits setout in the EPA Regulations.

Council supported and approved ATET in the exact form that we have been operating for the past 8 months.

DIRECT QUOTES FROM COUNCIL IN RELATION TO SUPPORT FOR ATET

28 AUG 2022 - “it brings life and energy to that area and really speaks to what will be happening at that part of Docklands over the next few years ” Lord Mayor Sally Capp on 9 News prior to our launch.

1 FEB 2023 - “we will do everything we can to support Jake and his team being up and running as quickly as possible” Lord Mayor Sally Capp on 7 News following the arson attack on 31 January.

COMPLIANCE WITH EPA NOISE REGULATIONS

We have always taken every step necessary to be fully compliant with the EPA Regulations, and at all times we have had an honest and reasonable belief that we were fully compliant.

We have followed every instruction from Council in order to ensure compliance:

• Council instructed us to engage a qualified acoustic engineer to undertake noise testing and provide a subsequent noise report specifying the volume levels at the venue that would achieve compliance with EPA noise regulations.
• This report was reviewed and verified by an independent acoustic engineer engaged by Council. It was approved and endorsed by Council and referred to as a condition of our Planning Permit for noise levels.
• At the request of Council, we installed a noise limiter set to the levels specified in our approved acoustic report, ensuring that these levels cannot be exceeded.

Prior to receiving advice of the EPA investigation on 26 May 2023, there had been no indication whatsoever that our noise levels were not compliant. To the contrary, Council have consistently advised that our operations are fully compliant with the conditions of our Planning Permit and the EPA Regulations.

DIRECT QUOTES FROM COUNCIL IN RELATION TO OUR COMPLIANCE

22 NOV 2022 - "As councillors we’ve made multiple site visits at quite late hours of the evening I should say, just to satisfy ourselves that what we’re hearing is correct. We have also had numerous discussions around the independent acoustics, and I can say I have verified for myself that acoustics framework that we’ve put in place." - Deputy Lord Mayor Nicholas Reece at FMC Meeting no.47

6 DEC 2022 - ATET has "the strictest and most onerous noise restrictions I’ve ever seen on a venue in Melbourne" - Deputy Lord Mayor Nicholas Reece at FMC Meeting no.48

7 FEB 2023 - "All complaints that we’re receiving have and will continue to be investigated and, at the moment, from a planning permit perspective, compliance is being achieved. It’s been demonstrated that there is no ongoing breach against the state government’s guidelines for noise... At the moment we’ve closed off that investigation and compliance has been confirmed unless any new information arises" - Council General Manager of Planning Evan Counsel at FMC meeting no.49

30 MAY 2023 - "It is important to note that Council has been using the EPA guidelines to test noise levels and has consistently found that ATET is compliant." - Published on City of Melbourne website.

OUR RESPONSE THE NOISE ISSUES AND ONGOING COMPLAINTS

Firstly, we want to make one thing perfectly clear: We understand the concerns of local residents and have never suggested the current situation should continue long-term. This was always intended to be a temporary situation and we have always held a genuine belief that significant changes were imminent which would substantially reduce the impact of noise.

While we acknowledge there are genuine concerns raised by Docklands residents, we have also witnessed a concerted effort from a small minority to destroy our business from day one. We have endured endless complaints at times and on days when we weren’t even open, including complaints the weekend before we even launched, and at times when the noise has been coming from another source. With this transpiring, it can be difficult to distinguish legitimate complaints from false accusations.

Our operations are consistent with the Docklands Zone in the Melbourne Planning Scheme and the need to balance amenity with activation in a mixed-zone. Our operating hours with increased volume levels are only until 11pm on Fridays and Saturdays, and 10pm on Sundays. This is incredibly modest for the reasonable expectations of a resident living in the Capital City Zone. We are hardly a late night nightclub.

We would also like to point out that we have had police visit the venue almost evey weekend in the 8 months we've been operating. Not once have they expressed the slightest concern with our noise levels.

THE ARSON ATTACK

On 31 January 2023, only 3 months after launching, we suffered a cruel arson attack. Our floating home was engulfed in flames, and we were incredibly lucky that the venue survived.

We do not know who was responsible for this callous act and we do not make any assumptions, however one thing is clear - whoever it was did not want us there. Council’s move to terminate our licence 5 months later inadvertently sends a message to those individuals who believe that resorting to disruptive measures such as arson is an acceptable means of promoting change.

NOISE ISSUES ARISING FROM OUR TEMPORARY LOCATION

ATET was never intended to be positioned at its current location. We put 18 months of planning into a site 250m further from residential areas, known as VH01. Despite working closely with City of Melbourne and Development Victoria throughout the planning process, we were shocked to learn at the eleventh hour that the structural condition of this section of the wharf was completely unknown. The wharf was ultimately deemed unsafe until an extensive condition assessment and subsequent remediation works were undertaken.

By this stage, we had purchased the barge and were fully committed to the project. We were left limbo, with a progressed planning application and an approved liquor licence for a site that we were unable to occupy. The project was delayed indefinitely, and we were saddled with mounting holding costs. Our only option was to begin the costly process to amend our planning application and liquor licence for the current temporary location to enable us to begin trading.

OUR ANTICIPATED RELOCATION

Since November 2022, we have been led to believe that our original location, VH01, would be ready for our relocation by mid-2023. Both Development Victoria and City of Melbourne are on the public record stating this intention.

NOV 2023 - "We anticipate these works will be complete by mid 2023. These repairs will allow more people and businesses to enjoy the wharf safely" - Development Victoria Group Head, Precincts Niall Cunningham

7 FEB 2023 - "We are hopeful this will provide some relief. Not saying it’s a silver bullet, but it will provide some relief, and we’re hoping that will be resolved by mid-year at the latest." - Deputy Lord Mayor Nicholas Reece regarding our relocation to VH01 at FMC meeting no.49

On 26 April, Council advised for the first time that they would no longer support a relocation to VH01. As Council had supported this location since June 2020, we felt completely misled. Despite this, we accepted the decision and got to work finding an alternative location.

Within a week, we identified and proposed an alternative site, this time 400m West of our current location, even further from residential areas. We presented acoustic modelling that showed that from this location, the noise levels at the nearest apartment would be half as loud, and for the vast majority it would be much less than that. This site is completely unused and no has logistical barriers.

We did not receive any support from Council in relation to this site.

THE EPA INVESTIGATION AND ALLEGED EXCEEDANCES OF NOISE LIMITS

On May 26 2023, we were first advised that the EPA had detected multiple exceedances of the noise limits following an investigation into our noise levels. We were instructed to operate with ‘background music only’ until such time that we could demonstrate compliance with the EPA Regulations. However, this was impossible as the EPA report had not been released and we had not been provided with any data or evidence of any alleged exceedances.

Despite having no opportunity to respond to these alleged exceedances, Council saw fit to impose this crippling restriction on our ability to trade, well beyond the requirements to comply with the EPA Regulations and conditions of our Planning Permit. This was a clear denial of due process.

Furthermore, these alleged exceedances were recorded in late March and early April. If the EPA had found exceedances due to testing methods not available to the acoustic experts engaged by ATET or Council, why were we not provided with this information at the time of the exceedance and given an opportunity to respond and reduce our noise levels accordingly? Why did the EPA sit on this information for 10 weeks rather than enable us to rectify the issue immediately? And why was information provided to Council that they used to enforce punitive measures before the report was released and evidence provided?

OUR RESPONSE TO THE EPA INVESTIGATION AND ALLEGED EXCEEDANCES

Upon finally receiving the EPA report on 9 June 2023, we engaged our acoustic consultant to conduct a review of the findings. We were relieved to learn that the alleged exceedances were relatively minor and could be easily fixed with some simple adjustments.

During the main hours of our events when higher volume levels are permitted (up to 11pm), the maximum exceedance that the EPA detected was 3db. Our acoustic consultant advised that any exceedance in this range is considered inconclusive due to the inexact nature of measuring noise levels, as there are a number of variables that can affect the outcome. At worst, it is a minor exceedance that can be easily prevented with a slight reduction in the limit set on the noise limiter.

Despite this maximum alleged exceedance of 3db, we proposed to Council to reduce the limiter by 6db.

Throughout the entire EPA investigation, there was only one conclusive exceedance of the EPA limits, which occurred after 11pm when the noise limits are far stricter (13db lower than before 11pm).

In response to this, we proposed to conclude all DJs and music performers at 11pm and reduce the volume to background music levels thereafter to guarantee compliance in this stricter period.

Even with these solutions clearly guaranteeing full compliance, we proposed that if these conditions were not agreeable, that Council please advise what conditions would be acceptable to avoid the termination of our licence.

OUR PROPOSED LONG-TERM SOLUTIONS

In addition to the solutions listed above that would ensure compliance in the short-term, we proposed a number of long-term solutions to completely resolve any remaining concerns.

Along with the proposed relocation to a site further from residential areas as detailed above, we offered to completely enclose the venue in acoustic glass. Our acoustic consultant advised this would be expected to result in a 75% reduction in noise emissions. This outcome would be comparable to operating at background music levels with the current conditions of the venue at the current location, and would provide a complete solution regardless of the location.

COUNCIL RESPONSE TO OUR SUBMISSION

Despite the proposed measures answering every request and clearly guaranteeing compliance with the EPA Regulations and providing complete long-term solutions, Council responded just 24 hours later advising that they had decided to terminate our licence. It became crystal clear that Council had no interest in solutions – they were determined to terminate our licence regardless of what we put forward.

On Monday 26 June, in a last ditch effort to save our business, we offered to reduce the volume to background music levels indefinitely until a further solution could be agreed with Council. This would at least enable us to fulfil the many functions and corporate events that we have booked in for Spring and Summer. This proposal would be completely conceding to Council’s wishes, regardless of our rights under our approved planning permit.

Due to the urgency of the situation, we requested a response within 24 hours. We have not received any response, and interpret this as a rejection of our proposal. In the end, there is nothing we could have done to survive within the City of Melbourne.

WHY IS ATET IMPORTANT?

In the space of 8 months, ATET has quickly become an iconic venue and an integral part of Melbourne culture. We have become a home for the music and arts community, providing a platform for local artists to share their talent and attracting a multitude of international artists from all over the world.

We are providing a genuinely unique experience unlike anything on offer in Melbourne, an alternative atmosphere to late night bars and nightclubs, and a healthier environment to enjoy day-time music events in the open air. We are creating a vessel for human connection, community, and celebration, and this cannot be underestimated, especially after losing this for two years through Covid.

We are helping to activate a struggling precinct, something successive state governments and Council had been unable to achieve for the past two decades. We are providing an exceptional space hosting a diverse range of events, from corporate events such as product launches and Christmas parties, to intimate celebrations such as weddings and engagements, to cultural events such as NAIDOC week and student cultural society events.

Melbourne has long prided itself as the Australian capital music, arts, nightlife, and culture. We need to protect and support our cultural institutions and uphold this reputation.

WHAT ARE WE TRYING TO ACHIEVE?

As it stands we are homeless. Added to the stress of immediate closure, Council demanded we remove our beautiful barge from the wharf by next week Sunday. We are devastated and desperate.

We now start the quest for a new home and a second life. As we embark on this journey, we are now calling on other municipalities and State Government to see the value of ATET and support our survival. We are asking you to help us show these authorities what ATET means to Melbourne.

ATET was built on the concept of community, and we turn to you now to help save our floating home. You stood by us through the arson attack and you supported us whenever we were muzzled with unreasonable requests to operate on back ground levels. We need your help one last time.

So if you’ve ever joined us on the barge for a bottomless brunch, danced under our disco ball, shared a laugh with our wonderful staff or enjoyed a Good Time Gaz burger, we need your support to amplify this message and help us find a new home.

Please sign this petition, share this post and tag it with #SaveATET

Links to documents substantiating these claims can be found here:

https://bit.ly/ATET_CoM_Documents