Council resolution

Tuesday 26 September 2023

We invited tender submissions from suitably qualified and experienced individuals or organisations who were interested in one or both of the following food and beverage opportunities:

  • Restaurant - obtaining a lease to fit-out and operate a restaurant facility at Avalon Beach SLSC at 558A Barrenjoey Road, Avalon Beach (Council community land Lot 202 DP 1107408).
  • Café - obtaining a lease and licence to fit-out and operate a café facility at Avalon Beach SLSC at 558A Barrenjoey Road, Avalon Beach (Council community land Lot 202 DP 1107408).

A tender process was conducted, however Council resolved to decline the tenders received.

A report outlining an alternative procurement process was presented to Council at the Tuesday 26 September 2023 meeting. It was resolved to engage a leasing agent to find suitably qualified food and beverage operators to lease the restaurant and/or café.

View the Council Minutes (Item 13.4, page 14).

Further details on the history of the tender and subsequent process are available on the History tab below.

Video - restaurant and cafe spaces

Images

History

Council proposed to lease the café and restaurant at the Avalon Surf Life Saving Club to suitable operator(s) via a tender process. Tenderers may bid on either the café or restaurant, or both premises.

The proposed leases are on part of the ground floor to trade as a café, and part of the first floor to trade as a restaurant.

The proposed lease is for five years, with an additional five year option at the lessee’s discretion.

The leasing of the café and restaurant is authorised under the Ocean Beach Plan of Management for Avalon Beach. You can view the Plan of Management for Avalon Beach here.

Council is the owner of land and buildings at Avalon Beach, 558A Barrenjoey Road, Avalon Beach and this public notice is in accordance with Section 47 of the Local Government Act 1993.

Between 27 July and 7 September 2022, we notified you of our proposal to lease the café and restaurant at the Avalon Surf Life Saving Club to suitable operator(s) via a tender process. Tenderers may bid on either the café or restaurant, or both premises.

We received 18 submissions on the proposal. The vast majority were in support, provided the café would have consistent opening hours. Objection to the proposal cited concerns around space and restricting access to the toilets and showers. Thank you to everyone who provided feedback.

A report noting the engagement outcomes was presented to Council at the meeting on Tuesday 22 November 2022, and Council endorsed the recommendation to apply to the Minister for Local Government in accordance with section 47 of the Local Government Act 1993 for consent to grant the lease and licence agreements for the café and restaurant.

View the Community Engagement Report.

View the Council Minutes (Item 13.9, page 10).

We invited tender submissions from suitably qualified and experienced individuals or organisations who are interested in one or both of the following food and beverage opportunities:

  • Restaurant - obtaining a lease to fit-out and operate a restaurant facility at Avalon Beach SLSC at 558A Barrenjoey Road, Avalon Beach.
  • Café - obtaining a lease and licence to fit-out and operate a café facility at Avalon Beach SLSC at 558A Barrenjoey Road, Avalon Beach.

The tender (RFT 2022/205) was open between Thursday 15 December 2022 and closed 2pm Friday 17 February 2023.

The evaluation panel reviewed all submissions received, and a report was presented to Council at its meeting on Tuesday 27 June 2023. The report was discussed in a closed session, due to the commercial nature.

Council resolved to decline to accept any of the tenders received (in accordance with section 178(1)(b) of the Local Government (General) Regulation 2021), and instead enter into negotiations with Aimelie Pty Ltd trading as Guinguette Café Bistro Francais (in accordance with section 178(3)(e) of Local Government (General) Regulation 2021).

View the Council Minutes (Item 18.1, page 19)

Following the resolution of 27 June 2023, staff entered negotiations with the highest-ranking tenderer, however the tenderer subsequently withdrew.

Section 55(3)(i) of the Local Government Act 1993 permits deviation from tendering when extenuating circumstances exist, and a satisfactory result would not be achieved through a standard tender. In accordance with this section, staff proposed that Council adopt an alternative procurement process.

Staff proposed to engage a leasing agent to find suitably qualified food and beverage operators to lease the restaurant and/or café located within Council Community Land Lot 202 DP 1107408 forming part of Avalon Surf Life Saving Club, 558A Barrenjoey Road, Avalon Beach.

A report outlining the proposal was presented to Council at its meeting on Tuesday 26 September 2023, where it was resolved that staff proceed with the alternative procurement process.

View the Council Minutes (Item 13.4, page 14).