"Fair Go for OUR kiosk" - Balmoral Beach

Dear Mosman Councillors

RE: Fairgo for our Kiosk

I am a customer of the Balmoral Beach Kiosk.

I understand from Victor and Leigh of the Balmoral Beach Kiosk, that the landlord has given a Notice to Vacate the Kiosk effective 31 March, 2016. I also understand from them that the Mosman Council is part of the leasing chain, being the manager of the leased building on behalf of the owner, Mosman Foreshore Reserves Trust, and the co-signee of the existing lease to Watermark Restaurant Pty Ltd.

I am writing to express my concern that after 10 years of serving the Balmoral locals and visitors 365 days a year, Victor and Leigh’s business, that they built from a derelict empty shell, should be taken away from them because of the current but avoidable leasing arrangements consented to by Mosman Council.

The Balmoral Beach Kiosk is not only a successful family business that today serves close to 100,000 customers per year, it is also a valuable community asset. For decades and as long as anyone can remember, Balmoral Beach has had a beach kiosk at the southern end of the beach.It employs local teenagers and fulfills a social need.

I believe that it is unfair that Victor and Leigh should be forced to fight in an attempt to keep the business that they built up over 10 years.

I understand that Victor and Leigh have honored all obligations under this lease and are not in default in any way.

I also understand that their lease predates that of their landlord Watermark Restaurant Pty Ltd and that it was the Mosman Council that consented to the assignment of the lease to the current landlord and thereby creating the current situation to exist.

Mosman Council should have a simple but fair policy, including a policy that its tenants or sub-tenants who create successful commercial ventures involving a head-lease or a lease from Mosman Council should never have their leases terminated unreasonably so that someone can make a profit by taking over a prosperous business for nothing.

If Mosman Council had such a policy, then when the lease or sub-lease of any successful business expires without an option for renewal and tenders are called for, the owner of the successful business will get a fresh lease unless it is disqualified by unacceptable behaviour of some sort (not being a law abiding tenant, not paying rent etc) or other relevant circumstances.

You are therefore free, as a Mosman Councillor, to approach Watermark and explain Mosman Council’s new policy and that this behavior is unacceptable and will be taken into account in the future dealings with Watermark.

Mosman Council employees, consistently with that policy, could align the somewhat complex leasing arrangements of these commercial properties so that the person who runs the successful and acceptable business will not be thrown into the street for no reason, except that the lease is up and easy money is to be made.