Agenda item

17/01566/CONDIT Door 4, 4 Montpellier Walk

Minutes:

Councillor Oliver left the meeting at this point.

 

Councillor Seacome declared an interest and withdrew for the duration of the following debate.

 

 

Application Number:

17/01566/CONDIT

Location:

4 Montpellier Walk, Cheltenham

Proposal:

Variation of condition 5 of 16/01888/FUL - to extend opening hours to 00:30 Thursday, Friday and Saturday nights and 01:00 on Bank Holiday Sundays, race days (up to 16 race days per calendar year), Christmas Day and New Years Eve

View:

Yes

Officer Recommendation:

Permit

Committee Decision:

Permit

Letters of Rep:

16

Update Report:

Additional representation

 

MJC introduced the application as above, saying it was submitted some time ago, and the hours have been negotiated down, following the input of environmental health officers.  It is at committee at the request of Councillor Mason, due to neighbours’ concerns about loss of amenity.  The officer recommendation is to permit.

 

 

Public Speaking:

Mr Noori, applicant, in support

Co-owns Door 4 with his wife; it is managed by their son, and all are Montpellier residents.  All three are sensitive to noise or nuisance that may concern neighbours, and have taken on board their views, radically reducing the original proposed opening hours in response.  Sent letters to all neighbours to assure them of their intentions, and received a lot of positive feedback since, establishing an open channel for neighbours to get in touch with any views.  Have furthermore changed operations by stacking chairs and tables on the Montpellier Street site between 10 and 11pm and closing the door, so no one uses this side of the premises for outside sitting and drinking, thus keeping noise away from neighbours.  Live music only takes place on Thursday nights, and the hours have been changed from 8pm to 10pm instead of 11pm, as well as lowering the sound level in response to a neighbour’s request – again demonstrating the aim to be good neighbours and respect local views whilst maintaining business viability.  Have permission from the licensing authority until 1.00am, and any issues will be addressed by them on an ongoing basis.  Since the revised proposed opening hours, only two objections have been received, as well as two letters of support, so hopefully the original objections have been satisfied.  Environmental Health officers have approved the revised hours.  In the past few months, have had a significant reduction in late night business due to current 12am closing time,  Customers leave early and continue at neighbouring bars in Montpellier, where closing hours range from 1.00-2.00am, and 3.00am at Bar 131.  Is only asking for a fair opportunity – not even an equal opportunity, just a small share.  The original proposed 2.00am is now 12.30am, and 1.00am on race days and holidays – this is more than reasonable and shows that they care about neighbours’ views whilst trying to run a viable business and employ local people. 

 

Councillor Mason, in objection

Following the submission of the original application, a number of concerned residents contacted him; the proposed hours of business have now been reduced and the applicant has made concessions, but some residents are still unhappy.  Is reminded of Travis Perkins and the impact on the town.  We want our town to be vibrant, and we want people to live in them.  By allowing this – more and more bars, extending their opening hours little by little, a gradual creep – we should not forget our duty to ensure quality of life for residents of the town.  Policy CP4 is concerned with harm to residents’ amenity.  We need to consider this gradual creep and keep a sense of balance.  Do we want people to enjoy a quality of life in the town?  There are other local places to drink; let people go there.  With respect to the speaker, an extra half-an-hour is quite significant at that time of the morning.

 

 

Member debate:

PT:  notes from some of the neighbour comments that loud music is played, with the windows open.  Can’t there be a condition requiring the windows to be kept closed when music is being played.  This would help.

 

GB:  presumably this is a matter for licensing officers?

 

BF:  on planning view, was told that no-one lives above the bar.  There are letters from residents of the courtyard at the back, but this is some distance, on the other side of the road.  There are other bars and restaurants in the area.  What hours do they keep?  We have got to be fair here, and make a balanced judgement.  It is difficult, but the town and the economy is growing; nothing stands still.

 

MC:  this application is for the variation of a planning condition.  The applicant will also need to apply to licensing to alter its hours.     As a side issue, looking at the map, notes that the building opposite is still labelled as a bank, which it hasn’t been for some time.  This is misleading.

 

AL:  looking at another bar in the immediate vicinity, John Gordons is open Monday to Wednesday 10am to 10pm, Thursday 10am to 12pm, Friday 10am to 1pm. 

 

PB:  Montpellier is the most vibrant part of the town.  There is a good selection of restaurants and bars here, and anyone living there knows what they are moving into.  The applicant is being reasonable, is clearly proud of his business, and wants good relations with his neighbours.  Wishes him good luck.

 

MJC, in response:

-       Was going to give members the same John Gordon opening hours as AL has relayed;

-       To PT, officers are not recommending that the windows are kept shut.  The application is now for just an extra half-hour weekends and an extra hour on bank holiday Sundays;

-       MC’s comments are correct, that planning permission has to be applied for because of the restrictive condition.  The Licensing Committee runs separately, and a separate application will have to be made to them;

-       Regarding the map, the 2007 Ordnance Survey map is used, which is now slightly out of date, but these maps are generally very useful.

 

SW:  to put this is perspective, the applicant has taken on an unfair obligation and other businesses are pinching his customers because he is wanting to be a good neighbour.  He is not asking for a great deal.  We would be mean in not allowing this, in view of the neighbouring bars with longer hours. 

 

Vote on officer recommendation to permit

9 in support

1 in objection

2 abstentions

PERMIT

 

Supporting documents: