Port Fairy business owner claims Kermond's plan hampered by Moyne Shire Council

Wayne Malady said the council had alleged he had attempted to sublet The Wharf - a claim he described as "absurd".

Mr Malady said he had been in business for 29 years and was aware of his responsibilities.

Earlier this month The Standard reported plans for a third Kermond's to open at The Wharf.

It was to expected to open this month, but the council said there were a number of legislative requirements that would need to be met before it could open.

On Sunday, Mr Malady hit out at the way the council had dealt with the bid to open the outlet.

"Apologies to the Port Fairy community in that Kermond's Hamburgers won't be joining our team," he wrote in a Facebook post.

Moyne Shire Council's chief executive officer Brett Davis put out a statement on Sunday regarding the claims.

"Council is aware of statements made regarding business arrangements at the wharf in Port Fairy," Mr Davis said. "Council strongly refutes and rejects the accusations made about the conduct of our staff in this matter. All team members have worked solidly over the past week in an attempt to find a way forward allowable within the terms of the lease agreement.

"The wharf building is under a Crown Land Lease, regulated by the Crown Land Act. It is not a standard commercial tenancy and any changes to the signed agreement must be signed off by the Victorian Government.

"Since the businesses announced their proposed arrangements publicly without formal notification to Council, the team has been working around the clock to find a path forward that would allow the proposed business arrangement to proceed.

"This involved lengthy discussions with the Department of Land Water and Planning and both businesses as well as seeking independently verified legal advice."

Mr Malady said the council had accused him of trying to sub-let the premises, a claim he denies. "Tim and Brett were going to be my employees," he told The Standard.

He said he was extremely disappointed Port Fairy residents would miss out on having a Kermond's Hamburgers open in time for summer.

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