Agenda item

Change of use from restaurant (use Class A3) to public house (use Class A4) and replacement shop front. [Guildhall] [Site Visit]

Members considered a full application by Mr Jamie Lawson for a change of use from restaurant (use Class A3) to public house (use Class A4) and replacement shop front.

In their update, Officers informed Members objections had not been made by English Heritage and that a premises licence to sell alcohol had been granted, subject to conditions requested by the Police and the Council’s Environment Protection Unit (EPU). They suggested that if Members were minded to approve the application that a condition could be added to amend the opening hours.

Representations in objection were received from an adjacent neighbour, Andrew Dorse. He informed the Committee that no public consultation had taken place when a noise assessment had been carried out. He questioned the level of noise from the public house as his property had single glazed windows. He also highlighted that an outside smoking area was not included in the application.

Further representations were received from a representative of York Conservation Trust, Philip Thake. He was not convinced that there was a demand for further drinking establishments in Fossgate and did not believe that the glass roof would muffle noise from music being played. In addition he felt that the Police Architectural Liaison Officer’s report that said that there was likely to be little trouble from the premises, should not be used as a reason for acceptance.

Representations in support were received from the applicant’s agent, John Howlett. He informed Members that the applicant had considered the historic nature of the building and had taken into account  comments from objectors. Due to these comments, the proposed function room had now been altered to be the manager’s accommodation. He also added that the applicant had commissioned an acoustic report, which outlined that the main receptor for music was Morrel Yard from the glazed roof at  the back. Members were told that secondary glazing would help to mitigate this effect. In relation to the proposed noise emission condition, the agent asked that the issue be left to the premises licence rather than also being addressed by the planning permission.

Questions from Members to Officers related to the licensed hours for the restaurant and noise emission from the public house.

In relation to a noise emission condition, the agent informed Members that the applicant was informed that a condition would not be on the premises licence but could be added on to planning permission.

An Officer from the Council’s Environmental Protection Unit informed the Committee that the results from the noise assessment showed that there would be an increase in the volume emitted from the public house but the suggested secondary glazing would be sufficient to muffle the increase in levels.

Some Members felt that the premises licence did not take into account residents’ concerns, as they had not been informed about the licence.

Councillor Watson moved refusal and Councillor Douglas seconded the motion.

On being put to the vote this motion fell.

Other Members felt that the application should be approved as there were suitable safeguards and enforceable actions that could be taken should the amenity of residents be detrimentally affected.

Officers advised Members that if they were minded to refuse the application that they needed to demonstrate clearly that the increased noise level from customers in the street would be harmful to residents.

Councillor Galvin moved the Officer’s recommendation for approval. Councillor Gillies seconded this.

On being put to the vote this motion was tied. The Chair used his casting vote for approval, as he felt that one of the suggested conditions in the Officer’s report would ensure that music emanating from the premises would be inaudible outside the premises and within adjoining buildings.

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

3.                          The use hereby permitted shall not be open to customers outside the

following hours -

Sundays and Bank Holidays 09:00-23:30

Monday to Saturday 09:00-00:30 (the following day).

REASON:           The proposal, subject to the conditions listed in the Officer’s report and the amended condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the vitality and viability of the city centre, the impact on heritage assets and residential amenity. As such the proposal complies with Policies S3, S6, S7, GP1, HE3, and HE4 of the City of York Development Control Local Plan.