THE owner of Coochiemudlo Island Beach Bar is in a battle with council after being hit with two show cause notices since opening the business in April.
Kevin McCarthy said he made the call to close the business temporarily over the weekend due to stress, but would be taking the fight to council to keep his dream of owning a bar alive.
The business employs nine people, seven of whom live on the island, and has been popular with locals since opening fewer than three months ago.
Mr McCarthy, who has put about $100,000 into the business, said the bar had been extremely busy and he had been booked out most nights.
"On Thursday night I got the staff to shut up shop and I took off from the island and spent the weekend with my daughter," he said.
"I am reopening this Thursday and staying open until it goes through the courts.
"I'm sure council won't want to do that, but if they are going to keep attacking me with show cause notices, I have no other choice."
A council spokeswoman said the business was issued a show cause notice on April 21 for breaches of approved land use.
Another was issued on June 10, stating the business was in contravention of a condition of approval.
Mr McCarthy said council had claimed that alcohol being served without a meal was not part of the business' approved use, despite his Office of Liquor and Gaming Regulation licence saying otherwise.
The second said he would need to close his doors at sunset, because council had deemed him to be using a courtyard for night trade.
Coochiemudlo Island Business Association president Russell Jackson, who owned the cafe that used the premises before the bar moved in, said council was being unreasonable.
He said the courtyard was removed about 10 years ago and replaced with an approved extension, making it part of the main building.
Cr Lance Hewlett said he supported the business and was working with the property owner and Mr McCarthy.
"I have asked the owner of the property to email me the development approval for that extension," he said.
"I have eaten at that area myself under previous ownership. It is definitely not a courtyard, it is part of the main building.
"I don't know how council has taken this stance without looking at the development approval."
Mr McCarthy said the bar being closed down would scare off prospective island business owners.
"No one is going to invest money in something that council is going to be nit-picking 24/7," he said. "If I shut down, that would say everything to everyone. Don't even try."
A council spokeswoman said the matter was ongoing and neither show cause notice required the business to cease operating during approved trading hours.
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