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Agenda item
19/01909/X 85 Queens Road, Clifton, Bristol BS8 1QS
Minutes:
Councillor Clive Stephens and Cllr Mark Wright stood down from Committee at the start of the public forum presentation and took no part in debate or the decision making process.
The Head of Development Management and his representative gave a presentation and summarised the report for this item highlighting the following:
a. The application is for the variation of condition no.7 (opening hours) following grant of planning permission 16/03266/F to vary operating hours for the restaurant Lost and Found. The application is presented to committee for consideration because of the number of objections received.
b. The restaurant is located and trades from the ground floor and basement of a four storey building within an area known for its night time economy. It is on the edge of a residential area with Richmond Heights being in its vicinity.
c. An overview was given of the concerns raised from the consultation; a number based on the business allegedly breaching its operating license the Licensing Act objectives; primarily the concern of the unacceptable harm to nearby residents from noise generated by the premises.
d. The report stated that no objections had been received from the responsible authorities to substantiate the allegation of noise and breach of the license; that no harm had been proven; and there was no evidence to substantiate the claims that had been made.
e. Members were informed of recent decisions of the planning inspector at this site, including the existing opening hours, to inform their decision making.
f. Officers recommend grant subject to conditions.
g. Questions for Clarification
h. Members were directed to the section of the report that set out planning considerations and those of licensing objectives which, whilst overlapping, were different. The intention is for planning to look to implement systems to control the type and characteristics of use of premises ; licensing regime controls how such uses are operated and managed by the operators.
i. Debate
j. Members disputed whether the planning authority should take the view that the operation of a business would not add to the overall noise nuisance of an area because of the existing noise from the surrounding area as a result of the night time economy.
k. Members discussed the need for licensing matters to be resolved; that is the allegations properly investigated by the Responsible Authorities; before any decision was made on the application.
l. Officers advised that the licensing and planning processes must be considered separately on their own merits and cannot be dependant on each other.
m. Members asked if it would be appropriate for the application to be deferred whilst an enforcement investigation was carried out to establish the lawful use of the premises as it was currently being operated.
n. Chair moved that committee consider officer recommendation to approve the application. Members failed to propose a vote in support of this. The chair then moved for the application to be deferred.
o. Cllr Goggin, seconded by Cllr Windows, proposed that the application be deferred for 6 weeks to allow for the planning enforcement investigation to conclude and submit their findings.
p. When put to the vote
q. Resolved (9 for: 0 against: 0 abstention) that the application be deferred for 6 weeks to await the outcome of a planning enforcement investigation into the operation of the business.
Supporting documents: