Conditions required for a third Kermond's in Port Fairy have not yet been met, says Moyne Shire Council

Co-owners Brett Healy and Tim Tanner confirmed plans for the outlet to The Standard, which would have been at the former fish and chip shop at the wharf, in August.

However, Moyne Shire Council revealed a sub-leasing agreement for the venue, which was on Crown Land, had not been reached.

On Friday, the council's acting chief executive officer David Rae said councillors had voted to offer a sub-licence agreement as long as two conditions were met. "To date only one of those two conditions have been met," Mr Rae said. "As this building is under a Crown land lease, this information is required to ensure due diligence has been completed before the sub-licence agreement can be consented to."

Mr Rae said both the tenant and the proposed licencee were made aware of the conditions.

"Council officers have done everything in their power to make this agreement possible," he said.

"The reason this proposal has not yet proceeded is because the conditions the sub-licence is subject to have not been met. The opportunity to consent to a sub-licence remains.

"Council is incredibly supportive of new businesses operating in our community, but if they are operating in a property council owns or manages, we have a responsibility to ensure the interests of ratepayers are protected. Countless hours of council officers' time have been put into making this deal happen and their work has been carried out professionally, with integrity in a timely manner and I thank them for their hard work to get to this point."

The operator of The Wharf at Port Fairy - Wayne Malady - told The Standard earlier this year he was disappointed the plans may not go ahead.

The Standard contacted the owners of Kermond's for comment.

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