Bar use at 17 Clarendon Road, Southsea

What was proposed

The application sought retrospective permission to change a restaurant into a bar, without physical alterations to the building.

“RETROSPECTIVE APPLICATION FOR CHANGE OF USE FROM RESTAURANT (CLASS E(B)) TO BAR (SUI GENERIS)”

“25/00886/FUL | RETROSPECTIVE APPLICATION FOR CHANGE OF USE FROM RESTAURANT (CLASS E(B)) TO BAR (SUI GENERIS) | 17 CLARENDON ROAD SOUTHSEA PO5 2ED”

Officer report

Site and surroundings

The commercial unit is beside other commercial and residential properties, opposite residential flats and within Southsea town centre.

“The application site is a commercial unit on the northern side of Clarendon Road. Adjoining to the west is another commercial unit, to the east is a dentist's surgery (followed by a number of residential dwellings) and opposite is a block of residential flats. There are residential units above both 15 and 17 Clarendon Road, which are set back from the frontage of the retail units considerably.”

“The site is located within a secondary retail area as per the 2007 Southsea Town Centre Area Action Plan. The site lies within the designated Southsea town centre area in the emerging Local Plan.”

Officer report

Earlier use and licensing

The premises had operated unlawfully as a bar for around two years, following an earlier restaurant permission and licensing restrictions in 2022.

“The site has been in unlawful use as a bar for around 2 years. Following discussions between the applicant and the Council's Planning Enforcement Team, this application has been submitted to regularise the use.”

“For members information, the premises was subject of a Licensing Committee decision in 2022. The Committee decided to approve the application in part, requiring:”

Officer report

What officers recommended

Officers recommended conditional permission because restrictive conditions could protect neighbours, while the use provided town-centre economic and social benefits.

“Furthermore, in order to refuse an application, its is necessary for the LPA to demonstrate the harm caused by the proposal and why that demonstrably outweighs the benefits of the scheme in providing a town centre use within a designated town centre - as opposed to a less desirable location - along with the evident economic and social benefits the scheme provides.”

“The development is considered by the relevant consultee to be appropriate, subject to the imposition of restrictive conditions in order to protect the residential amenity of neighbouring residents in accordance with Policy PCS23 of the Portsmouth Plan. The scheme provides positive economic and social benefits and neutral environmental impacts. It therefore represents sustainable development which complies with the Development Plan when considered as a whole.”

Officer report

What people said

Six objections raised noise, antisocial behaviour, litter and poor management, while two supporters described a safe social venue and benefits for the town centre.

“The use of the premises as a bar causes noise nuisance as a result of poor management and poor noise insultation (including single glazed apertures and the lack of a lobby) • The applicant has not undertaken mitigation measures as suggested by a previous Licensing Hearing • Customers drinking outside the bar cause noise nuisance and ASB, and a lack of management from the applicant does not address this • Live music is played for long periods and is very loud • Patrons…”

“The bar provides a unique meeting place for people over the age of 50 to socialise in a safe space • No bad behaviour as mentioned in objection comments has been noted by the supporters when attending the bar • Objections appear to be largely based on assumptions and generalisations rather than direct evidence • The Council should support small businesses such as this • Objection comments assume that trouble is caused by patrons of the bar, but do not present any evidence…”

Officer report

Who spoke

Four supporting deputations addressed the committee.

Members’ discussion

Members noted the absence of evidence linking reported problems to this bar and said there were no planning grounds to refuse it.

“Members' Questions. In response to questions, the following information was clarified by the Planning Officer: • No evidence was provided by the objectors to suggest that the issues they raised were caused by this bar. • Anti-social behaviour and noise issues are generally dealt with by the Licensing Authority. The Planning Authority looks at residential amenities of the surrounding properties.”

“Members' Comments. During the discussion, members made the following comments: • This application should be granted for the reasons set out in the deputations. • Noise officers investigated the complaints and did not raise any concerns. • It is close to other bars and similar venues. • A member on licensing committee might probe further into mitigation measures, however there are no planning grounds to refuse the application.”

Minutes

The committee’s decision

The committee granted conditional permission in accordance with the officers’ recommendation.

“RESOLVED that conditional permission be granted as per the officers' recommendation.”

Minutes

Conditions on the bar

The permission limits opening hours, requires closed doors and windows, restricts music and controls when the external seating area can be used.

“Doors, Windows and Ventilation The premises shall retain, maintain and utilize the existing air conditioning system and ensure that all doors and windows remain closed during hours of operation (other than for entrance and egress). Reason: In order to prevent the spill of noise from the premises, in order to protect residential amenity of neighbouring residents, in accordance with Policy PCS23 of the Portsmouth Plan (2012).”

“External Seating Timings The external area will remain closed to patrons between the following times: Sunday - Thursday: 21:00hrs - 17:00hrs Friday / Saturday: 22:00hrs - 17:00hrs (to re-open at 15:00hrs on Sundays) Closure of the external area shall include the removal and/or stacking of all tables and seating.”

Officer report