Whyalla City Council is aware of community interest in the closure of the Beach Café and is keen to reiterate its reasoning behind the decision - a decision it had a legal obligation to make - and seek community interaction and feedback.
Below you will find the latest news regarding this decision; a number of relevant documents; as well as an extensive Q&A in response to a number of queries received.
Latest News
Foreshore Café decision made
18 February 2021
Whyalla City Council has listened to the community, with elected members resolving at this week’s Council meeting to undertake works to the foreshore cafe to enable its safe and compliant operation.
Nearly one third of respondents to a recent community survey indicated their support for this option, which will see the existing building retrofitted as a café.
In order to meet legal requirements for health, food preparation, safety and building regulations, the decision was made to close the café in January this year.
Council then committed to undertake further research with the community to explore what options would be acceptable for a service offering located at the café site in the future.
Mayor Clare McLaughlin was pleased that a decision had been made and thanked those people who had taken the time to participate in the survey.
“This survey, along with feedback from our community forum a few weeks ago, has given us a clear indication of community sentiment in regards to the foreshore building,” Mayor McLaughlin said.
“It’s clear that the majority of respondents expect a café service at the foreshore, and we will next undertake a tender process to engage a contractor to carry out the necessary works, as well as expressions of interest for an operator of the new-look facility.
“This is yet another example of Council working with the community to find a suitable outcome.”
More than 1600 people completed the survey (almost 1500 from Whyalla), representing nearly 10% of the city’s adult population, which is considered a sound and comprehensive statistical representation of the community.
As well as survey feedback, the final decision was also weighted against the financial impact to Council (assuming a five-year life of the facility), with the retrofitted café considered to be the best option given current circumstances.
These building upgrades have been budgeted at $230,000 and, once a contractor has been engaged, work will commence as soon as possible on the retrofitted café.
Mayor McLaughlin reiterated that Council is keen to work collaboratively on the future of the entire foreshore precinct, as it prepares to conduct extensive community consultation in the coming weeks.
“The café upgrade is only about the short-term future of a small portion of the foreshore, ” Mayor McLaughlin said.
“We now want to focus on an exciting piece of work with the development of a broad-reaching, long-term Foreshore Master Plan.
“It’s critical that this plan reflects the needs and expectations of our entire community, so a significant focus of the project will be on community engagement and feedback.
“I urge everyone to have a think about what they would like to see long-term and make sure they contribute their ideas during this planning phase. We want to hear everyone’s voice through this process to ensure the Master Plan reflects our community’s aspiration for this important part of our city.”
Council will provide ongoing updates to the community on both the progress of the café work, and the Foreshore Master Plan community consultation process.
Extensive detail on the community survey and Council’s considerations regarding the upgrade decision is contained from page 127 onwards of this month’s Council agenda (found on the ‘Minutes & Agendas’ section of Council’s website).
Statement of Position
The Whyalla City Council exists to serve and advance the interests of the Whyalla community.
This commitment is underpinned by decision-making that is ethical, moral and lawful.
The decision to close the Beach Café was a difficult but legally necessary decision in which the Council considered, weighed and discussed the interests of the parties directly involved.
In the end, Council was compelled to close the Café because it does not (and is unable to easily) meet legal requirements for health, food preparation, safety and building regulations. In its current condition, it poses immediate risks to the health and welfare of patrons, the tenant, staff and visitors.
Council, as the owner of the building, is legally liable in the event of a serious illness or adverse incident to any of those persons. This, in turn, exposes Council’s ratepayers to potentially significant financial risk.
The Council decision was primarily based upon the fact that, at law and as a responsible public authority acting in the best interests of its ratepayers, it could not allow this risk to continue. It was required to intervene and act.
Part of the totality of Council’s considerations was the cost that would be borne by ratepayers to bring the building into compliance with health, food, safety and building codes. It is estimated that this would cost hundreds of thousands of dollars of ratepayer funds. This is prohibitive; particularly for an outdated building in an area that is part of the Foreshore Master Planning considerations for community and public use.
Council is obliged to spend the public money with which it is entrusted wisely, in the interests – and to the benefit – of its community.
Therefore, Council resolved that the Café operation cease because it is in serious breach of health, food, safety and building codes and could not satisfy those codes without substantial and unsustainable expense.
Council also considered that it would be manifestly unfair to expect the current tenant to make a significant financial contribution to works required to enable the Café to continue trading, particularly in a building they lease. There were also potential liabilities for the tenant in continuing to trade in a facility that failed to meet all legal standards.
Council’s preference is for all its deliberations to be public. The only information withheld in this instance, therefore, is that which has the potential to compromise the commercial and legal interests of the tenant/operator, Mr Nik Petropoulos. This is recognised in the Local Government Act.
Council accepts and understands that its decision disappoints the operator and some in the community; and acknowledges that many have enjoyed the Beach Café over years past. The decision is, of course, no reflection on Mr Petropoulos.
The Council resolution recognised that it could not in clear conscience fail in its responsibility to safeguard the public interest and uphold health, food, safety and building codes that it regulates and enforces – in accordance with various Acts of Parliament – in establishments throughout Whyalla.
Council’s decision is driven solely by these legal obligations and no other considerations.
To explain the rationale and the processes that the Council must follow and to explore future options for the building, Council will convene a community forum for a ‘face-to-face’ conversation with interested members of the community at the Westland Hotel’s Oasis Room from 6pm Wednesday 13 January.
Council is committed to foreshore amenities that reflect the aspirations and needs of the Whyalla community and visitors to our City. To reflect this, consultation on the Foreshore Master Plan will begin in February and is expected to conclude in April / May. Council invites and welcomes the community’s contribution and ideas to this process.
Click here to view document.
Background Report on Beach Café Closure
Whyalla City Council is keen to share details about its reasons and reasoning in closing the Beach Café. Please click here to download our extensive background report, which also outlines the next steps and addresses the queries and concerns it has received.
If you would like to submit any feedback regarding this issue, please click here or email council@whyalla.sa.gov.au
Community Questions and Answers
A compilation of questions and answers from community submissions regarding the Beach Café can be found here.