Development Control Committee
10 March 2008
Report of the Director of Planning and Community Development
08/00086/ROC
VARIATION OF CONDITION 7 (5/04/94/670) TO PERMANENTLY EXTEND
OPENING HOURS FROM 23.30HRS TO 01.00HRS THE FOLLOWING DAY
ON THURSDAYS, FRIDAYS, SATURDAYS AND BANK HOLIDAYS
DILLINGERS BAR AND DINER, MAIN STREET, KIMBERLEY
Councillors Crow and Robinson have requested that the application be determined by
committee.
Details of the application
The application seeks permission to permanently extend the opening hours of the
premises to 01.00 am on Thursday, Friday, Saturday and Bank Holiday nights. A
temporary permission was granted in March 2007 to extend the opening hours as above
for a trial period of one year. A 1994 condition on the original permission restricted opening
hours to 11.30 pm on any night. The application is supported by a letter from the agent
advising that they consider the increase in trading hours to have been successful, with
limited incidents of crime and disorder having occurred.
Site and Surroundings
The premises are situated on the main road within the defined town centre of Kimberley.
To the west are premises with retail and commercial uses on the ground floor with flats
above. To the east of the building itself is the premises’ car park with the library beyond.
To the rear are the rear gardens of terraced Victoria Street properties. The properties are
set at a higher level than those on Main Street and have rear gardens of around 25m in
length. To the south of the site, on the opposite side of Main Street is an estate agents
business and some residential properties.
Relevant Planning History
The property was originally a chapel, then subsequently a supermarket and snooker hall.
Permission was granted in 1995 for the change of use to a bar/diner and for the
construction of an extension. Condition 7 of this permission stated that “the use of the
premises for the approved purposes shall cease no later than 11.30 pm on any evening”.
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Development Control Committee
10 March 2008
Permission was granted in 1996 for the erection of internal and external staircases to form
an additional raised restaurant area within the building.
Permission was refused in 1996 to extend the opening hours to 01.30 am on any evening
due to the likely unacceptable loss of amenity for nearby residents by virtue of additional
noise and disturbance. Subsequently, also in 1996, permission was granted to alter
Condition 7 of the original permission to extend opening hours to 12.00 midnight on
Christmas Eve and Boxing Day, and to 01.00 am on New Year’s Day.
In 2000, the committee refused permission to extend the opening hours from 11.30 pm to
12.30 am on Thursday, Friday and Saturday nights on the grounds that the proposal was
likely to have a detrimental effect on the amenity of neighbouring residents by virtue of
noise and other disturbances at times when they could reasonably expect to benefit from
the peaceful enjoyment of their homes. Subsequent to this, permission was also refused
for a modified proposal that sought permission to vary condition no. 7 to permit the
extension of opening hours from 11.30 pm to 12.30 pm on Thursday, Friday and Saturday
nights only for 6 month temporary period.
Both refusals were appealed and the appeals were dismissed in 2001. The inspector
noted the premises contained a large expanse of open floor area which he considered
could accommodate a large number of people that would be drawn from beyond
Kimberley; he considered that the character of the use was at odds with that of the small
settlement and that it contrasted with that of nearby traditional pubs. He focused on the
history of unruly behaviour involving young people and alcohol in the locality, although
accepting it was impossible to attribute all of this to Dillingers, and the level of concern
about this among local residents and the police. It was the strength of this factor that led
him to dismiss the appeals.
In 2006 a further application to extend the opening hours to 12.30 am on Thursday, Friday,
Saturday and Bank Holidays nights and to erect a 2.1m high wall was submitted but
subsequently withdrawn due to an inaccuracy with regard to the position of the proposed
wall in relation to neighbouring residential gardens.
In 2007 a temporary permission of one year was granted for the premises to extend their
closing times until 01.00 on Thursday, Friday, Saturday and Bank Holiday nights, expiring
on 25 March 2008, the purposes of the temporary consent being to allow a monitoring of
the extended hours.
Policy Context
Policy S1 of the Broxtowe Local Plan states that within Kimberley town centre permission
will be granted for the expansion of food and drink uses providing the proposals do not
have an unacceptable impact on neighbouring uses, or on the vitality and viability of the
town centre.
Key Policy K4 acknowledges the role of town centres as a focus for shopping and leisure
uses.
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Development Control Committee
10 March 2008
Consultations
Kimberley Town Council objects to the application on the grounds that the residents of
surrounding and nearby streets will be disturbed by patrons of the premises and that the
town council anticipates a rise in anti-social behaviour.
Nottinghamshire Police advise that they have no objections to the application.
The Director of Housing, Health and Leisure has no objections or observations.
The Director of Legal and Administrative Services advises that the premises have the
benefit of a licence which enables them to be open from 10am until 1am the following day,
each day of the week. The licensable activities (including the sale of alcohol and playing of
music) are permitted between 10am and 00.30am the following day, each day of the week.
There have been no incidents reported to the licensing section attributable solely to the
premises requiring action to be taken under the licence. The licensing regime operates
under its own statutory code with different criteria than obtain for planning purposes.
26 letters/emails of objection have been received, expressing concerns regarding noise
and disturbance for local residents, anti-social behaviour, excessive drinking, and
questioning the need for such an extension of hours.
Appraisal
The main issue arising from this application is whether the proposal to permanently extend
the opening hours to 01.00 hrs on the days proposed will cause sufficient harm to the
amenities of nearby residents, or in the town centre generally, that would justify refusing
permission. In granting permission for the temporary extension of hours, regard was had
for the site’s town centre location, the fact that there was no objection from the police, and
an apparent change in patrons’ behaviour and the management regime.
It is considered therefore that the results of the extended opening hours over the past year
are important to the consideration of this application.
I note that the police do not have any objections to the revised opening hours. However, it
is considered necessary to consider whether the cumulative noise and disturbance of all
drinking establishments is a reason to refuse permission but this must be assessed in the
context of whether the increase in opening hours would make this situation materially
worse. I note that one local resident advises that Dillingers is the only drinking
establishment open to the hours proposed within the town centre but I am advised by the
council’s licensing section that in fact, of the five other public houses in close proximity to
the site, all have a licence to serve alcohol to the time proposed on Friday and Saturday
only and that some actually have a licence to sell alcohol beyond this time. On this basis it
is considered that it would be extremely difficult to attribute an extended level of noise and
disturbance to Dillingers, specifically due to the increase of opening hours by an hour and
a half.
As with the previous application I am aware that there is CCTV in operation in the area,
which, whilst not eliminating anti-social behaviour, acts as a deterrent and is an effective
method of identifying troublemakers.
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Development Control Committee
10 March 2008
In conclusion, whilst I note the objections from local residents I find that in the absence of
hard evidence that the increase in opening hours has led to excessive noise and
disturbance, and having regard to the comments from the police, I am drawn to conclude
that the proposal is acceptable and permission should be granted.
Recommendation
The committee is asked to RESOLVE that planning permission be granted to vary
Condition 7 of 5/04/94/670 to extend closing time from 23.30 to 01.00 hrs the
following day on Thursday, Friday, Saturday and Bank Holidays
Background Papers
Observations of Kimberley Town Council dated 15.02.08
E-mail from the Directorate of Legal and Administrative Services dated 26.02.08
Observations of local residents (various dates)
Memorandum from the Directorate of Housing, Health and Leisure dated 19.02.08
Observations of Police 20.02.08
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Development Control Committee
10 March 2008
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Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty’s Stationery
Office (HMSO)© Crown Copyright.
Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.
BROXTOWE BOROUGH COUNCIL LA100019453 2008

Variation of condition 7 of 5/04/94/670 to permanently extend closing time
from 23.30 to 01.00 on Thursday nights, Friday nights, Saturday nights
and Bank Holiday nights
Dillingers Bar & Diner, Main Street, Kimberley
Development Control Committee 10 March 2008
Scale: 1: 1,250
Directorate of Planning & Community Development: Director P. M. Stone
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