home - committee - volume - faq's - help -search - meeting - previous - next

V25-73 : BRIDGE ROAD, OULTON BROAD

SOUTHERN FRIED CHICKEN AND MANHATTAN PIZZA

Members were reminded of the previous problems arising out of the operation of the above premises as a restaurant and hot food takeaway. A condition of the planning permission was that the premises should not open to the public between the hours of 12 midnight and 11.30 the following morning, and that the doors to the premises should be shut promptly at midnight. Following a breach of that condition, the proprietor was prosecuted and convicted in March 1995 and given a 12 month conditional discharge and ordered to pay costs. A subsequent application to extend the hours of opening beyond 12 midnight was refused at minute V23-47/3 and after a public enquiry decision upheld on appeal in late 1995.

Periodically complaints had continued to be received that the premises were open and trading after midnight, but despite frequent monitoring no direct evidence of breach could be obtained. However, admissible evidence was obtained to support an allegation that the proprietor was trading in breach of the condition on Christmas Eve and New Years Eve 1996. The proprietor was being prosecuted and the hearing before the Lowestoft Magistrates set for 9 April 1997. If a conviction was secured and further breaches occurred members had already authorised injunctive proceedings.

The Chief Executive advised further on the continuing problems of the home delivery service issue involving the preparation and delivery of food ordered by telephone after midnight. The view taken by the proprietor and his advisors was that the service, being home delivery, did not involve admitting customers to the premises, and therefore was not a breach of the condition.

However, a complainant alleged that the fact that lights were on and staff could be seen preparing food after midnight gave the impression that the premises were open, attracting potential customers who even if not served, still caused noise and disturbance which the condition was designed to avoid. There had also been allegations that deliveries took place rather than 'home' deliveries, but no evidence had been gathered to support this.

The Chief Executive advised that legally, and having regard to the wording of the condition, it was unlikely that the operation of a home delivery service was in breach, and therefore may prove difficult to present a defence in the Courts.

Members and Ward Councillors were divided in their opinions. Concern that the establishment was not seen as closed after midnight was noted, as with the lighting on it was evident that passers- by were attracted. Members had witnessed for themselves the door wide open and queuing after hours. The quality of life for residents opposite should be seen as an issue. Other members felt that the opposite side of the coin should be addressed. Disturbance also arose after hours not from the establishment at issue, but from the later closing of nightclubs in the area. If rules for one were to be made, should there not be rules for all. A stronger enforcement of the condition requiring a black-out curtain was also mooted as an alternative measure.

The Chief Executive re-iterated his concerns over the flimsiness of any case against the home delivery service, mainly on the lack of evidence, but would pursue members' desires if this were the consensus of opinion. The Inspector's previous appeal ruling that 12 midnight should be the cut-off point would be used to ameliorate in any proceedings.

RESOLVED

That proceedings be instigated for the cessation at 12 midnight of the home delivery service of Southern Fried Chicken and Manhattan Pizza, Bridge Road, Lowestoft, and all pursuant action be taken, including an injunction if necessary in the event of a further breach of the conditions.

PLANNING APPLICATIONS

Volume 25 Minute 73

powered by Oultwood Web Technology

© Waveney District Council