The appellant sought to vary the permitted hours of the mixed class A3 and A5 business, to extend the late-night opening hours from 23:00 to 03:00 on Friday and Saturday and from 19:30 to 23:00 Sundays and bank holidays.
The main issue was the effect of varying the disputed condition on the living conditions of occupiers in the wider area of predominantly residential terraced houses, with particular regards to noise and disturbance. The police had objected to the proposed extended opening time, citing regular crime and disorder issues arising from large numbers of people congregating in the area after leaving a nearby club. Based on this evidence, the inspector dismissed the appeal.
Inspector: Mark Brooker; Written representations