Variation of hours to nightclub of planning permission H/P28121/E to: Mon - Thurs 12.00-02.00, Friday - Sat 12.00-03.00, Sunday 12.00-01.30.

Variation of hours to nightclub of planning permission H/P28121/E to: Mon - Thurs 12.00-02.00, Friday - Sat 12.00-03.00, Sunday 12.00-01.30.

The Senior Planning Officer reported the following:

§         Following the publication of the agenda it was noted that the format of the recommended condition did not follow that of the standard 24 hour clock.  The details in the recommendation were amended accordingly.

The Licensing Officer circulated information relating to the terminal hour of nearby licensed premises and noted that a number were licensed until 03.00.

Councillor R.I. Matthews noted that some premises were licensed until 03.00 but most did not open every night.  He felt that the premises should be properly monitored and the appropriate action taken if any public nuisance issues arose.

The Chairman, speaking in his capacity as Local Ward Member, noted the problems experienced by residents in the town centre but felt that, subject to controls through the relevant legislation, there were no material planning reasons to warrant refusal.  A number of Members supported this view.

Councillor Mrs. S.J. Robertson said that she was aware that the premises sometimes had its doors open resulting in significant levels of noise outside the building.  It was suggested that an additional condition be added to address this matter but the Legal Practice Manager advised that this would be better addressed through the licensing function of the Council.  Some Members felt that, as the planning function was responsible for the built environment, a condition requiring automatic closure of doors would not be unreasonable.  The Legal Practice Manager explained that planning conditions should not duplicate the effects of other controls.

In response to questions, the Senior Planning Officer clarified the hours that were sought by the applicant and the hours that Officers recommended to the Sub-Committee.

In response to a question about a contribution towards Closed Circuit Television (CCTV), the Chairman advised that a meeting was to be held with senior officers shortly in order to identify a way forward regarding CCTV coverage, operation and management.

Some Members commented on the impact of the Licensing Act 2003 on communities.

RESOLVED:

That planning permission be approved subject to the following conditions:

1.      A01 (Time limit for commencement (full permission)).

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.      The use hereby permitted shall not be open to customers outside the following hours: Monday 12.00 hours to Tuesday 02.00 hours, Tuesday 12.00 hours to Wednesday 02.00 hours, Wednesday 12.00 hours to Thursday 02.00 hours, Thursday 12.00 hours to Friday 02.30 hours, Friday 12.00 hours to Saturday 03.00 hours, Saturday 12.00 hours to Sunday 02.00 hours, Sunday 12.00 hours to Monday 01.30 hours.

         Reason: In the interest of the amenity of the locality.

3.      The permission hereby granted is an amendment to planning permission H/P/2821/E and, otherwise than is expressly altered by this permission the conditions attached thereto remain.

         Reason: For the avoidance of doubt.

4.      Within two months of the date of this permission, details including a timetable and the method of providing a contribution(s) and/or other assistance towards the operation and management of Closed Circuit Television system, street cleaning and client dispersal policy in the locality of the application site shall be submitted for the approval in writing of the local planning authority.  The agreed contributions and/or other measures shall be implemented in accordance with the approved details and timescale.

         Reason: To ensure the effective operation and management of the day and night time economy in the interests of public safety, residential and visual amenity and the general vitality and viability of Hereford City Centre.

Informatives:

1.      N03 - Adjoining property rights.

2.      N15 - Reason(s) for the Grant of PP/LBC/CAC.

3.      N19 - Avoidance of doubt.