DC Casebook: Food and Drink Uses - Sunday tearoom opening held acceptable

The owner of a tearoom in a south coast resort has been allowed to open the premises on Sundays despite local authority concerns over potential disturbance to nearby residents.

The tearoom lay on the edge of a town centre in a mainly residential area. Tourists were encouraged to visit by signs showing its location and the council conceded that it was a popular tourist attraction. The inspector concluded that allowing trading from 10am to 5pm on Sundays would enhance the centre's vitality, viability and interest and improve the surrounding conservation area.

The business had been established for 19 years and had been tolerated by local residents without the need for the council to intervene over noise or disturbance, he noted. Under such circumstances, he held that extending the opening hours would not undermine neighbours' amenity.

Inspector: Martin Andrews; Written representations.

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