Popular Thirroul bar and restaurant Jose Jones has officially lost its bid to gain permission to operate from Wollongong City Council.
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However, the venue - which the council says has been running from the front of Thirroul Beach Motel without proper permission for two and a half years - remains open.
After a public hearing on December 4, the council's independent planning panel has published a recommendation to refuse the venue's plan continue as bar and restaurant for up to 100 people.
The panel unanimously agreed the plan should be knocked back in its current form, citing years of "unlawful" operations.
"The panel was not satisfied that the intensity of and nature of the current operation was appropriate for the site given the impacts on surrounding properties," the decision said.
"The panel was not sufficiently persuaded that the development, as proposed, could maintain residential amenity.
"The panel notes that the property has been operating unlawfully for approximately 2.5 years."
Previously, council officers had also recommended venue's application to continue operating as a public dining outlet should be refused.
During the public exhibition period of the application, 10 submissions opposing the bar were lodged by neighbouring residents.
Their concerns were "excessive noise", drunk patrons, and antisocial behaviours including public urination, obscene language and "general disregard for surrounding residents".
Other issues raised by objectors included a lack of adequate parking and "unsatisfactory management of the premises," the council said.
On Saturday, when the Mercury called to seek comment from the owners, the venue was still open and serving customers.
When asked what the council decision meant for Jose Jones' future, manager Jamien Bannister said there would be no comment until further advice had been received.
It is understood the venue may seek to lodge a new development application, after council officers indicated they may be able to support a plan to allow fewer people and reduced operating hours.
This would also would require heavier security and an electronic noise limiting device to disconnect the power if the limit was reached.