DC Casebook: Food and drink uses - Match day opening conditions overruled

An inspector has decided that planning conditions restricting opening hours on Arsenal Football Club match days and requiring a door steward at a north London pub are neither reasonable nor necessary to protect neighbours' amenity.

The first disputed condition limited the pub's hours of operation to between 7am and 1am the following day on Sundays to Thursdays and from 9am to 1.30am the following day on Fridays and Saturdays, except on match days when the hours were limited to between 8am and midnight on any day. The appellants sought permission to put back closing time from midnight to 1am or 1.30am on match days.

The council maintained that additional people congregated in the area on match days and subsequently dispersed through nearby residential streets. The inspector saw that there were a number of flats near the premises but found that most other buildings nearby were in commercial use, so it could not be deemed a residential area. He found it difficult to attribute amenity harm to the use and varied the condition.

The second condition required a door steward to man the entrance from 10pm until closing time seven days a week. The inspector held that if the pub were closer to residential development, a condition requiring the appointment of a door steward might be necessary and reasonable. However, he was concerned that even then its other provisions lacked the precision and clarity advised in Circular 11/95. This condition was also deleted.

DCS Number 100-058-225

Inspector Andrew Pykett; Written representations.

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