Following the attempt to introduce an 8.30 condition (see here), which fell due to the required press advertisement not appearing, the applicants have now proposed a condition which says the rear door will be used after 9pm. There are two particular problems with this.
Firstly, there is no mention of specific measures to combat the resultant cumulative effect of noise disturbance by the use of the front door before 9pm. If none is forthcoming then since the Special Area Policy applies here the application should normally be refused. Secondly, unless the applicants can give a voluntary assurance that the 9pm threshold will apply to all activities (not just licensable ones) the condition will not apply at all times and is unenforceable.
Even if such assurances are given and kept, they cannot be assumed to apply to anyone to whom the applicants might sell their business.
Last night's Town Council Planning & Licensing Committee objected to the application, feeling that the front door should either be always usable or not at all. The Licensing Authority's (Borough Council's) hearing is scheduled for 2nd August at 10am.