What is in store for ATET’s future?

Despite being amid an ongoing legal battle with the City of Melbourne and unable to operate for two years, ATET’s owner, Jake Hughes, still holds hope that the venue will one day live on.

What began as a dream for Mr Hughes and his parents, Robert and Karen, became a reality in October 2022, after five years of planning and committing more than $2 million.

They even put their family home at risk to bring the ATET vision to life. However, following a number of noise complaints and monitoring conducted by the Environmental Protection Authority (EPA), the dream came to an end in May 2023, after just eight months of operation.

Mr Hughes has since sued the City of Melbourne over the termination, with the legal battle expected to stretch into 2026. Despite everything, the club’s owner told Docklands News that all he wants is for the venue to continue.

He stands by their proposal to relocate the venue further from the apartments and to enclose the venue entirely in acoustic glazing, believing there is no “reasonable” explanation as to why this proposal would not be accepted.

“Docklands is a mixed-use zone, and not only are music events a permitted use, but heightened activation is part of the vision and strategic plan for the area,” he said. “We have a legal right to operate with this business model in this area, and Melburnians have a right to have spaces like this to enjoy in their city,” Mr Hughes said.

“We believe our experience has exposed a major deficiency in the current legal system. It has revealed a severe lack of protection for businesses and an untenable imbalance of power between local councils and the businesses operating within their jurisdictions.”

Due to the start-up costs of launching the business, combined with legal expenses, Mr Hughes said that he and his family have been placed in a “perilous position” that set an “unacceptable precedent” for the rights and protections of all businesses across the state.

Initially, the ATET project had the full support of the council when it was first proposed in May 2020. At the time, then-Deputy Lord Mayor Nick Reece told the Herald Sun it would “help revitalise the area and bring people back” to Docklands.

The council approved the planning application because it “satisfied the relevant requirements of the planning scheme” for Docklands as a mixed-use zone. It also aligned with the council’s vision for Docklands as “a vibrant, active waterfront with a mixture of commercial, residential, entertainment and innovation uses”.

However, after operating for six months, the council’s support began to waver. The ensuing events left Mr Hughes dumbfounded, particularly the EPA report, which ultimately led to the venue’s closure.

A spokesperson from the EPA said, “EPA responded to multiple community reports of excessive noise, alerting Council as the responsible authority. ATET was also informed that we would be conducting noise testing.”

However, Mr Hughes said he was not notified until three months after they identified the alleged exceedances and that he does not believe it was a transparent process.

Following the EPA’s monitoring, a full report was provided to the City of Melbourne. Additionally, the council engaged independent acoustic testing and commissioned peer reviews of the reports submitted by Mr Hughes.

All investigations – including those by both the venue and the council – found the venue to be in compliance with the noise protocols set by the state government’s regulator, the EPA, and no enforceable breach was identified.

“Council initially began moving to terminate our licence on May 16 2023, before there was any mention of any alleged exceedance or breach. However, at the meeting on May 30, 2023, the council voted to issue ATET with a Notice of Default, citing the alleged exceedances of noise limits claimed by the EPA,” Mr Hughes said.

“Ultimately, this manoeuvre enabled council to bypass the need for state government approval in terminating our licence,” he said.

Throughout the eight months that ATET operated, Mr Hughes installed a noise limiter, proposed soundproofing the venue, and remained open to exploring alternative operating models, especially as it became clear the venue’s days were numbered.

However, none of these efforts were successful in allowing the business to continue. Two years later, Mr Hughes is still clinging to the hope that one day his business can stay afloat.

The City of Melbourne declined to comment due to ongoing legal proceedings. •