Agenda item

Gillingham North

Variation of conditions 5 and 8 on planning permission MC/14/0649 to allow Condition 5 to increase operating hours from: 07:00 to 23:00 hrs every day of the week, to 07:00 to 24:00 hrs every day of the week and also change the operating hours from: 07:00 to 01:00 hrs on no more than 50 days in each academic year, to 07:00 to 05:00 hrs on no more than 10 days in each academic year and change the final sentence to read, "The Local Planning Authority shall be notified in writing in advance of those dates on which the use shall operate later than 24:00" 4, and to remove the wording "requirement for students only after 23:00 hrs" on Condition 8. 

Discussion:

The Head of Planning outlined the planning application in detail and explained the reasons why the applicant was requesting a variation to conditions 5 and 8 of planning permission MC/14/0649. In addition, he drew attention to an amendment to the planning appraisal section of the report as set out on the supplementary agenda advice sheet.

He advised that should the Committee be minded to approve the application, the Local Planning Authority would receive advance notice on the dates upon which the premises was to be open until 5am as such occasions would be tied in with certain sporting events e.g. ‘The Superbowl’. He also advised the Committee that the Premises Licence was a separate issue.

A Member expressed concern that the hours requested, even if only for 10 occasions through the year was excessive and he drew attention to problems of noise and anti social behaviour already experienced by residents from this particular bar. He drew attention to the fact that this bar was not located on a student campus but in a residential area with an extra care facility in close proximity. Even if the management of the premises were able to exercise control over patrons inside the facility, those patrons wishing to smoke were required to go out the front of the premises and this would cause a noise disturbance should the premises be permitted to open until 5am.

The Committee discussed the application in detail having regard to the location of the premises and it was suggested that with the extension of hours from 23.00 to 24.00 every day of the week, no new patrons should be permitted to gain entry for the additional hour.

Another Member suggested that should the Committee be minded to approve the application, such approval should be temporary for 12 months to enable the Council to assess the impact of the extended hours.

Concerning access to the premises, the Head of Planning drew attention to the requirement for entry after 23.00 to be restricted to students (carrying a KentOne or NUS identification) and their guests only. In addition, details of CCTV and measures to monitor and control behaviour inside and outside of the premises would be required to be submitted to the Local Planning Authority within 3 months of the date of any planning permission.

Decision:

Approved with conditions 1 - 3 and 5 – 7 as set out in the report for the reasons stated in the report and condition 4 amended as follows:

4          For 1 year from the date of this permission, the use shall operate between the hours of 07:00 to 24:00 every day of the week save for no more than 10 days in each academic year where the premises has permission to operate between 07:00 to 05:00. During normal operating hours no new customers shall enter the premises after 23:00. Where the premises is operating later than 24:00, entry will be restricted as per condition 7.  The Local Planning Authority shall be notified in writing in advance of those dates on which the use shall operate later than 24:00. At the end of 1 year from the date of this permission, the approved hours shall revert to those set out in condition 5 of Planning permission MC/14/0649.

Reason: To regulate and control the permitted development in the interests of      amenity in accordance with Policies BNE1 and BNE2 of the Medway Local Plan 2003.