Casebook: In depth - Cinema club conversion allowed despite noise and safety concern

Planning, 13 June 2008

The maximum capacity of the nightclub was expected to be 1,400 people. The council's main concerns focused on the impact arising from people, some likely to be under the influence of alcohol, arriving at or leaving the club well into the early hours. However, the inspector noted that there were very few residential properties in the street and its immediate vicinity other than flats above ground-floor commercial uses.

In her view, this gave some separation from noise and disturbance in the street below. She also held that some late-night noise and disturbance was to be expected in this central location. While recognising that a nightclub of the size proposed would almost certainly have some negative impact as a result of noise, disturbance and antisocial behaviour, she remarked that national and local policy directs such uses to town centre locations.

The inspector observed that the appellant's projections for arrivals and departures at the club reflected the more gradual dispersal pattern that has emerged since the relaxation of licensing hours under the 2003 Licensing Act. She also found that various initiatives involving licensees and the police were in place to manage and minimise the more problematic impacts of the night-time and evening economy.

She considered that the increased numbers of pedestrians could be accommodated on the footways without compromising highway safety. She acknowledged that alcohol consumption by a proportion of people crossing nearby roads would reduce their awareness of hazards and the capacity to judge vehicle speeds. However, she reasoned that the same could apply to large numbers of town centre users and did not in itself justify rejecting the proposal. Anyone obviously at risk could be helped by door staff, she suggested.

DCS Number 100-055-465

Inspector Jane Miles; Inquiry.