WEST BABYLON, NY — A popular waterfront restaurant and gathering spot in West Babylon will not reopen this summer, its owners announced, citing an unexpected licensing issue they say made it impossible to operate, but Town of Babylon officials say the situation involved broader zoning and safety concerns.
South Swell, located on Bergen Avenue, shared the news in a message to its customers on social media.
“It is with truly heavy hearts that we share that South Swell will not be reopening this summer,” the post read.
The business is known for its waterfront views, live music, and laid-back atmosphere.
“What we built there was never just a business. It was an extension of our hearts, a place for friends, family, and our community to come together, enjoy the beautiful view, share good food, good music, and each other’s company,” the owners wrote. “It is heartbreaking to lose something so deeply loved over an issue that, in our view, should never have stood in the way of serving our community.
The announcement drew an outpouring of reaction online, with customers expressing shock and disappointment over the closure.
“We are beyond grateful for every person who walked through our doors, every sunset shared, every laugh, every celebration, and every memory made at South Swell,” the post continued.
According to the post, the closure stems from a licensing complication involving live music.
“Despite having an approved liquor license that included permission for live music, an unexpected licensing issue related to a Cabaret License… has made it impossible for us to reopen this season,” the statement said.
The business said such a permit had not been required for other businesses in the Town of Babylon in more than 25 years.
In a statement, Babylon Town officials pushed back, saying the central issue was a mismatch between the business’s Certificate of Occupancy and its New York State Liquor Authority license.
“The core problem at the Bergen Avenue location was a mismatch between their New York State Liquor Authority license and their Certificate of Occupancy,” the Town said.
According to the town, the site holds a certificate of occupancy for a deli-style operation, which allows alcohol sales only in sealed containers for off-premises consumption. South Swell, however, was operating with a liquor license that permitted full on-premises service, including mixed drinks.
“This isn't a paperwork technicality,” the Town said. “The C/O process exists to make sure a site is actually equipped for the kind of operation taking place there.”
The Town said a full-service bar at the waterfront location raised public safety concerns, citing limited parking and the potential for alcohol to leave the premises in open containers.
The town also addressed South Swell’s reference to a cabaret license, saying that while it is seldom enforced, it remains on the books under local code.
“The cabaret license is a fair point to raise… but the underlying requirement — that establishments offering live music meet certain standards, including keeping noise within their property lines — is a reasonable one,” the Town said.
Officials said noise complaints from neighbors prompted a review of the site.
The town said it had been working with the business “over an extended period” to try to bring the location into compliance.
“We were hoping they'd be able to bring the site into compliance,” the Town said.
Despite the closure, town officials indicated the space may not remain vacant for long, and there are tentative plans for a local coffee shop owner to take over the site as a coffee shop and deli, which would align with the existing certificate of occupancy.
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