24th May 2007 - RC/2007/0584 - Refusal Notice issued for removal of Condition 1 of Planning Permit PB/2001/3080. Condition 1 : The use hereby permitted shall only operate between 0800 hours and 2300 hours. Whilst the interior, and the small outside area adjoining the road, (which shall accommodate only 2 no. 4 seat tables), may be used between 0800 and 2300, the main outdoor seating area in the south east corner of the site shall not be used beyond 1900 hours. The application to remove restrictions imposed by Planning Permit PB/2001/3080 was in order that the restaurant could operate and make full use of its Restaurant Licence as issued by the Royal Court in 2003. The Parish Assembly for Grouville had in September 2005 supported the applicant’s proposal to have the 11pm restriction removed in principle subject to the variation of the Planning Permit. This would allow serving until 1am - vacating by 1.30 am. 14th April 2007 - Covering letter from the applicant regarding the proposal states that they would ask for consideration that patrons would vacate “the premises no later than 11.30pm if this would help the situation for all concerned.” This application attracted six letters of representation mainly from residents within close proximity of the site. Their concerns related to :- increased noise and disturbance created by patrons leaving the premises after 11.pm at night caused by: vehicular movements, car doors, revving of engines, car alarms, and raised voices. Even though the café faces the roadside and aesthetically the appearance of the site has improved in its transition from post office to café the fact remains that the site is surrounded by residential development many of which back onto the café’s car park. The terms to increase al fresco dining to the front of the site from 8pm to 11pm were considered reasonable in 2005 by the Planning Committee. Restricted al fresco dining to the rear of the site - closest to residential accommodation - remained limited to 7 pm. However, the request to extend opening hours to the main restaurant beyond 11pm were felt to be inappropriate in this largely residential area. 28th June 2007 - Request for Reconsideration for Refusal Notice RC/2007/0584 received from applicant regarding the removal of condition 1 (Serving alcohol until 1 am, leaving the premises by 1.30 am). However, applicant suggests that vacating the premises by 11.30pm would be satisfactory. The Request for Reconsideration attracted four letters of representation from four residents within close proximity of the site all of whom objected to the initial application. Their concerns remain unaltered in so far as they relate directly to increased noise and disturbance that may occur by patrons leaving the premises after 11.pm at night and the associated noises levels associated with vehicular movements, car doors, revving of engines, car alarms, and raised voices. The applicant’s reasons for the reconsideration of the previous planning decision do not alter from the original the application received in March 2007. Certainly allowing extensions to al fresco areas to 11.30 pm would have a direct effect on amenity. Allowing an extension within the premises would be less harmful but would still cause concerns over disturbance leaving the restaurant. Therefore it is still considered that an extension for the main and al-frescoe areas to extend beyond 11.pm to 11.30pm for this site are unreasonable in this instance for much the same reasons as identified in 2005 and more recently in so far as the restaurant is too close in proximity to other residential properties. Therefore the current trading time restrictions should remain in respect of the use of the site inclusive of al fresco areas as operating outside the current restricted hours would be contrary to Policy G2 and IC16 of the Jersey Island Plan, 2002. | 
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