Decision details

Moved by Deputy Lord Mayor Councillor Miller, seconded by Councillor Arkins –

It is resolved that:

(A)      Council note:

(i)         on 8 July 2026, Divine Playhouse opened at 420 Kent Street. A grant for $100,000 was awarded by Create NSW for 4 months of programming which would have provided employment for 140 creative industry workers

(ii)        on Thursday 9 July 2026, the venue’s landlord, Revelop terminated Divine Playhouse’s lease on the grounds that it was engaged in "offensive trade”

(iii)      the response to the termination has been:

(a)       ~ 20,288 signatures on an online petition “Help Divine Playhouse Find a New Home and Keep Sydney’s Queer Arts Scene Open”

(b)       $49,172 raised as part of a GoFundMe campaign

(iv)      the support of Lord Mayor Clover Moore AO via a public statement and request that “staff investigate whether another space could be made available if the landlord does not allow this project to proceed”

(v)       on 11 August 2026, at the meeting of the City of Sydney’s Nightlife and Creative Industries Advisory Panel issues and concerns were raised about the closure including:

(a)       the Panel’s formal support for Kat Dopper, proprietor of the Divine Playhouse

(b)       the failure of the property market to provide affordable space and security of tenure for the creative industry

(c)       the challenges associated with the precarious nature of leases for creative use

(d)       the importance of backing creative producers especially for those wanting to try something different

(e)       the need for emergency support for the sector, front door access to services for immediate help and to aid in the navigation of legal complexities

(vi)      the Panel agreed to write to the Office of the 24 Hour Commissioner expressing its concerns

(vii)     Divine Playhouse is one of a many recent closures of cultural and nightlife venues across the Local Government Area (LGA) in the past 6 months including Mary’s Underground, the Stonewall Hotel, Bar Freda’s, Monster Mouse Studios and Mosh Pit

(viii)    the Divine Playhouse experience reveals that landlords could abruptly terminate the leases of other cultural, nightlife or other venues on the grounds of “offensive trade” as Schedule 4 of the Conveyancing Act 1919 sets out that "offensive trade” includes “offensive art, trade, business, occupation or calling”

(B)      the Lord Mayor be requested to write to the NSW Premier asking the NSW Government to amend Schedule 4 of the Conveyancing Act 1919 to remove the words “includes “offensive art, trade, business, occupation or calling” as their application makes it harder for operators to obtain a secure lease

(C)      the Chief Executive Officer be requested to:

(i)         update Council on the possibility of the City providing space to Divine Playhouse

(ii)        explore the options for providing support to the creative, cultural and nightlife sectors as discussed at the Nighttime and Creative Industries Advisory Panel’s meeting on 11 August 2026.

Carried unanimously.

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