LGBTQIA+ Pop-Up Club's Lease Terminated at Deconsecrated Sydney Church

The owners of a deconsecrated church in Sydney's CBD have terminated the lease of an LGBTQIA+ pop-up club, claiming the venue had been used for "offensive trade".

Organisers of Divine Playhouse were served with a breach notice earlier this month, in the wake of complaints from some members of the Christian community.

On Monday, organisers confirmed they had been told to vacate the premises on Kent Street within three days.

In a statement, Divine Playhouse and Heaps Gay founder Kat Dopper said she was "devastated".

"It's sitting empty — no artists, no audiences, the joy and community we built in that room, silenced."

Protests at opening night

The 158-year-old church building was deconsecrated in 1932 and has operated as a theatre for the past 70 years.

The venue was then leased by developer Revelop to Heaps Gay, a nightlife group that hosts parties and other events for Sydney's LGBTQIA+ community and allies.

But its new tenants faced backlash from some Christian groups, who claimed their choice of venue "mocks religious faith".

Earlier this month, about 70 protesters gathered outside Divine Playhouse to rally against its opening night.

Lawyers for the building's owners then issued a breach notice to Heaps Gay Events, which holds the lease for the venue.

The notice, seen by the ABC, said the tenants had carried on an "offensive" trade that had caused "grievance and disturbance to owners of adjoining properties and to the general public".

The lawyers also noted the "significant protest and public criticism" directed at the venue.

It prompted Divine Playhouse to close and all events at the venue to be cancelled.

The ABC has contacted Revelop for comment.

Heaps Gay said it had now been officially asked to leave.

Possible legal action

The ABC understands Heaps Gay is considering a legal challenge against the owners.

"We believe this termination was unlawful and unjust," Ms Dopper said.

"If a landlord's personal beliefs can shut down an arts venue, no stage in this country is safe. Who decides what art is acceptable? Right now, the answer is whoever owns the building.

"If we walk away, they'll believe that intimidation works, and they'll come back, again and again, for every other group they don't agree with."

Law dates back to 'colonial roots'

Nicholas Stewart, a partner at LGBTQIA+ law firm Dowson Turco, said the term "offensive trade" in commercial leases originated in a very different context.

"The law in relation to offensive trade in a tenancy does date back a long time ago, to our colonial roots," he said.

He said while it ultimately depended on the context in which the owners had used the term in their agreement, using 'offensive trade' as the basis for terminating a lease of this nature was legally untested territory.

"I do appreciate that people of the Christian faith, who are very devout, would probably say that they are offended by the use of crucifixes, say, in the Divine Playhouse.

"But I think the community would also say that religious institutions have also played a role in creating our vulnerability, excluding us and sometimes promoting hate against us.

"What concerns me is that this was intended to be an event space for artistic expression."

Mr Stewart also said the dispute could lead to the government reviewing the law and the way it regulates private tenants operating businesses for the community or parts of it.

'An end to the mockery' of the faith

Catholic content creator Liam Aquilina was among the protesters who gathered outside the venue ahead of opening night.

He said the termination was a matter for Divine Playhouse and the venue's owners, but he was glad to see "an end to the mockery" of his faith.

"It wasn't about the use of the church, that's something we want to be clear about … it was the use of Catholic themes that we were offended by," he said.

"Whether or not Divine Playhouse continues to do what they want to do is one thing, but whether they continue to mock the faith is another."

Divine Playhouse will hold a sing-in rally in Sydney's CBD this weekend, follwing the termination.

A fundraiser is also being organised, featuring artists whose performances or events at the location had been cancelled.

Divine Playhouse said it was calling on developers, landowners and private space owners with "something unique" to come forward, as it searches for a new location.