Application to vary condition 2 of planning permission 05/01355/VAR to enable the premises to be open between the hours of 18:00 - 02:00 Mondays to Thursdays; 18:00 - 04:00 on Fridays and Saturdays; 12:00 - 00:00 on Sundays; 12:00 - 04:00 on Sundays prior to Bank Holidays; and on 30th April each year to be open until 06:00 the following day (May Day)

Report of Head of City Development attached

The Head of City Development submitted a report (previously circulated, now appended) concerning the following application:-

Application to vary condition 2 of planning permission 05/01355/VAR to enable the premises to be open between the hours of 18:00 - 02:00 Mondays to Thursdays; 18:00 - 04:00 on Fridays and Saturdays; 12:00 - 00:00 on Sundays; 12:00 - 04:00 on Sundays prior to Bank Holidays; and on 30th April each year to be open until 06:00 the following day (May Day)

In accordance with their declarations of interest, Councillors Benjamin and Clack withdrew form the room whilst this item was considered. Councillor David Williams substituted for Councillor Benjamin during consideration of this item.

Andrew Murdoch presented the report to the Committee.

In accordance with the criteria for public speaking, Sajj Malik spoke against the application. Phil Crier (Solicitor on behalf of the Applicant) and Mr Roberts (Applicant) spoke in favour of it.

The Committee took all submissions into account, both written and oral.

Whilst conscious of and noting the conditions attached to the extant premises licence and the provisions of the licensing regime, particularly with respect to the prevention of crime and disorder and the prevention of nuisance, the Committee formed the view that:-

(1)       The bringing forward of the start of opening hours to 18:00 (and specifically the attracting of a number of people to the premises at that time with the attendant interference with the passage of people going about their normal business) would generate limited but significant noise, disturbance and anti-social behaviour at a time when the normal day time activities of the area (both residential and commercial) would still be underway and would unacceptably conflict with and impact upon those activities and the normal use of residential properties within the area

Contrary to the aims and objectives of Policies CP1, CP19, and CP21 of the Oxford Local Plan 2001-2016, and Policy CS19 of the Oxford Core Strategy

(2)       The extension of the terminal hours on the days sought would also generate limited but significant noise, disturbance and anti-social behaviour at times (between 00:00 and 04:00 (06:00 May Day)) when the impact upon the occupiers of residential properties within the area would be particularly emphasised such that the impact upon the normal use of residential properties within the area would be unacceptable

Contrary to the aims and objectives of Policies CP1, CP19, and CP21 of the Oxford Local Plan 2001-2016, and Policy CS19 of the Oxford Core Strategy

(3)       Both the bringing forward of the opening hours and the extension of the terminal hours and specifically the limited but significant noise, disturbance and anti-social behaviour so effected would conflict with the need to do all that the Council reasonably can to prevent, crime and disorder in its area a need that the Council is required to have due regard to by virtue of s17 of the Crime and Disorder Act 1988

Contrary to the aims and objectives ofCP1, CP19, and CP21 of the Oxford Local Plan 2001-2016, and Policy CS19 of the Oxford Core Strategy.

And that therefore the application was REFUSED.