Agenda item

Change of use from cafe (use class A3) to drinking establishment (use class A4) [Guildhall Ward] [Site Visit]

Members considered a full application from Mr Bora Akgul for a change of use from a café (use class A3) to a drinking establishment (use class A4).

Officers advised the Committee that further letters of objection had been received from Barrie Crux & Lund’s Court residents association which stated that these establishments were making residents lives a misery.  They expressed the view that if approved, other drinkers would come here to take advantage of the 3am closing time resulting in extra noise, disturbance, vandalism and partying in the streets after 3am.  They noted that, at a time when the council is worried about empty properties in the city, it seemed surprising that they were allowing early morning drinking to drive people away from living in the centre.

Representations were received from a local business owner and resident of the area. She asked the Committee to take account that the noise created by people in the courtyard and spilling onto the street keeps them awake into the early hours and adds to the noise created by Lucia’s. She confirmed that this also affects residents of Lunds Court who are even closer than her home.

Representations were also heard from another objector who stressed that the concerns with this application were very similar to the issues which had been raised with regard to the Lucia application. He expressed surprise that officers had recommended approval when Bar Kuga was still not trading having failed to find tenants. He stressed that while Bora Bora offered food to customers, the dominant use of the premises was the supply of drink. He stated that the noise emanating from the courtyard affected neighbours and it was sometimes hard to walk through courtyard due to number of people congregating there.

Councillor Galvin moved and Councillor Looked seconded a motion to refuse the application. On being put to the vote, the motion fell.

Members acknowledged that there was a link between Bora Bora and Lucias and agreed that it would be sensible to have some uniformity between the premises.  They accepted  that nearby residents were affected by noise from the premises and that operating hours needed to be restricted to protect residents amenity and that restrictions on the clearing up of bottles into bins was also needed, in order to prevent further disturbance. They also agreed that character and appearance of the conservation area needed protection from the effects of late night drinking.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the amended and additional conditions below.

 Amended Condition 3

The use shall only be open to customers between the hours of 08.00 and 24:00 (midnight) each day of the week.

Reason: The premises are within an historic mixed use area with a significant residential population which contributes to the character and appearance of the conservation area. The hours of operation have been restricted in order to protect the living conditions of nearby residential property, the character and appearance of the conservation area and the environmental qualities of the area from the effects of late night noise and disturbance in accordance with policy S7 of the Development Control Local Plan.

Additional Condition 4

Bottles and glass shall not be placed into bottle bins between the hours of 24.00 hours (midnight) and 08.00 hours on any day.

Reason: To protect the living conditions of adjacent residential occupiers in accordance with policy S7 of the Development Control Local Plan.

REASON:            The proposal, subject to the conditions listed in the report and the amended and additional condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the conservation area and the amenity of surrounding occupants. As such the proposal complies with Policies HE3 and S6 of the City of York Development Control Local Plan.