The council had agreed to extend the opening hours from 9.30pm to 10pm. However, it claimed that later opening would harm local residents because the premises could be occupied by a wide range of uses including a takeaway. The appellant accepted that a takeaway service was likely but asserted that later opening was required to make the premises commercially attractive to tenants.
The inspector noted that a store in the centre closed at 10pm. In his opinion, the internal square would be quiet after this time because it was shielded from traffic. Even a few people using a takeaway or restaurant would be particularly noticeable to occupiers of flats above, he found. A cautious approach was justified, he held.
DCS Number 100-064-737
Inspector Simon Emerson; Written representations