Agenda item

Change of use of Upper Floors from Bed & Breakfast Accommodation (Class C1) to form Additional Dining Areas  and Karaoke Rooms (Sui Generis) in association with Ground Floor Restaurant (resubmission). [Fishergate] [Site Visit]

Members considered a full application by Mr Z L Chen for a change of use of Upper Floors from Bed & Breakfast Accommodation (Class C1) to form Additional Dining Areas and Karaoke Rooms (Sui Generis) in association with Ground Floor Restaurant (resubmission).

In their update to Members Officers reported that;

·        The application was retrospective.

·        That the application had been amended and the application now related to 8 karaoke rooms on site.

·        Three air conditioning units had been installed. This would now need a separate planning application and amendments would be required.

·        It was reported that the installed acoustic panels could be removed and the area between the window and panel maintained.

·        That if Members were minded to approve the application an additional condition could be added to permission relating to cleaning of the interior windows.

·        That amended reasons could also be added on to Condition 3, 7 & 9.

Questions from Members to Officers related to the narrow corridors within the buildings in relation to fire exits. They also asked for clarification on where drinks would be served and if there were dining facilities on site.

Officers confirmed that the building regulations and the premises licence would cover concerns regarding access to the fire exits. They also added that customers would not be able to take up drinks served to them from the bar to the upper rooms, but would be served in the rooms. Customers would also not be eligible to use the karaoke rooms if they had not dined beforehand.

Representations in support of the application were received from the applicant’s agent, Matthew Wyatt. He explained that the music would stop at 1am and that customers would have to leave the building by 1.30 am. Door staff would be employed, as specified by the premises licence. He also felt that the venue would not be attractive for hen and stag parties, due to the catalogue which consisted of mainly Asian songs. He confirmed that the smoking area outside would be supervised by door staff and would be for use after midnight only. Before this time the car park could be used for smoking.

Discussion between Members focused around what conditions had been added to the Licence by the Licensing Committee, namely, that a substantial meal had to be eaten before using the karaoke rooms and that a receipt needed to be shown to prove this. They also discussed whether the venue would be disruptive to the local area. Officers from the Environmental Protection Unit (EPU), who were in attendance at the meeting, stated that a noise assessment had been carried out whilst karaoke was performed and showed that any noise emitted would be inaudible.

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

Additional Condition:   Within 3 months of the date of the permission a specification for the cleaning and maintenance of the interior of the windows (including frequency of cleaning and maintenance) behind the sound insulation shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the specification shall be implemented in accordance with the agreed specification to the satisfaction of the Local Planning Authority.

Reason:                        In the interests of the visual appearance of the building which is prominently located within the Central Historic Core Conservation Area.

Amended Reason for Conditions 3 & 9:

Reason:                        It is considered that the connection between the restaurant and use of the karaoke rooms is such that the use of the site would lead to the intensification of the use of the site as a whole, and because of the close proximity between the site and existing residential dwellings it is necessary to protect the living conditions of adjacent residential occupiers in accordance with policy S7 of the Development Control Local Plan and advice within the National planning Policy Framework.

Amended Condition 7:          The removal of ancillary facilities from the reason.

Amended Condition 9:          Bottles and glass shall not be place into bottle bins between the hours of 22:00 hours and 08:00 hours.

REASON:                     The proposal, subject to the conditions listed in the Officer’s report and the amended and additional conditions above, would not cause undue harm to interests of acknowledged importance, with particular reference to residential amenity, and the impact on the character and appearance of the Central Historic Core Conservation Area. As such the proposal complies with Policies S7 and GP1 of the City of York Development Control Local Plan and advice within the National Planning Policy Framework.