Justin Hemmes, a prominent Australian businessman, is facing significant opposition in his quest to establish a new venue in Byron Bay, New South Wales. Despite investing over $60 million in the area over the past four years and contributing to local causes, Hemmes’ plans have sparked concerns among the parents of students at Byron Bay Public School.
Hemmes, who owns the hospitality group Merivale, has been acquiring properties in Byron Bay, including the $13 million purchase of the notorious Cheeky Monkeys backpacker bar in 2021. In 2023, he added Red Ginger, Bell & Ford, and Johnsons—two retail stores and a restaurant—for $11.9 million. His real estate portfolio also includes a $22 million residence and a $16 million property near Belongil Beach.
Despite his affection for Byron Bay, where he claims to hold deep personal ties, Hemmes has not yet secured a venue in the town. His latest proposal aims to transform a 1,700 square metre retail lot into the largest venue in Byron Bay, featuring his popular restaurants, Totti’s and Jimmy’s Falafel. The development application states that the venue will enhance the town’s character and vibrancy.
Parents at Byron Bay Public School, however, are voicing their concerns as the proposed venue would be located less than 70 metres from classrooms. Rachael Calvert, a parent at the school, expressed her disbelief regarding the development, stating, “I’m gobsmacked. It’s the first time I’ve ever been vocal about a development application.”
The venue would allow for up to 545 customers and operate from 10:00 AM until 2:00 AM. Parents fear that noise from patrons could disrupt the learning environment and pose safety risks, especially for the younger students in kindergarten through year two. Laura Cima, president of Byron Bay Public’s P&C committee, stated, “We’ve been completely overlooked. We have concerns about the size and scale of this development.”
Construction has already commenced on the site, despite the pending council approval for the expanded venue. Merivale recently faced a fine for unauthorized work. Shannon Burt, director of sustainable environment and economy for Byron Bay Council, confirmed that some of the works were subject to an enforcement investigation.
Merivale responded to the criticisms, claiming it had communicated with the school about the development plans. A spokesperson noted that the application is a “straightforward refurbishment” of two existing venues that will result in family-friendly establishments.
Yet, parents remain unconvinced. The previous operation of Cheeky Monkeys, largely a nighttime venue, contrasts sharply with Hemmes’ vision of an all-day dining hub. Calvert emphasized that Byron Bay is a small regional town with a population of just over 6,000 people, stating, “It’s a complete disregard for the actual town people.”
The proximity of the proposed venue to the school raises concerns about potential disturbances and safety issues. Parents worry about the impact of patrons consuming alcohol near a primary school and the possibility of increased traffic in the school pick-up zone. “Schools should be places surrounded by environments that nurture young minds,” said Anna Ockert, another parent.
Allegations of misconduct and exploitation at Merivale establishments have added to the unease among parents. The company is currently under investigation by the Fair Work Ombudsman regarding claims of underpayment of staff.
The proposal also tests Byron Bay Shire Council’s liquor licensing policy, which traditionally discourages establishments from opening within 100 metres of schools or residential areas. The Byron Bay Uniting Church is located just 73 metres from the proposed venue, with St Paul’s Anglican Church even closer.
Byron Bay has been a popular tourist destination since the 1890s, but the area is undergoing significant changes. The local council has implemented restrictions on short-stay accommodation, aiming to support essential workers who have been priced out of the local housing market due to skyrocketing rental costs.
Dr. Blake Eddington, an emergency medicine specialist, raised concerns at a community meeting regarding the strain that extended nightlife trading could put on local hospital resources. “The Merivale development sits front and centre within that special entertainment precinct,” he noted.
As discussions about the future of Byron Bay continue, residents express a desire to balance tourism and local community needs. Cameron Arnold, chair of Destination North Coast tourism, highlighted the shift in Byron Bay’s clientele, stating, “The worst experience we had in Byron Bay was through the influencer stage. Now, families are walking around, and there are some backpackers. There’s a better blend.”
As Hemmes pursues his vision for Byron Bay, the outcome of his proposed venue remains uncertain, with parents and community members actively advocating for their children’s safety and the character of their town.
