Blue Angel club goes to court over ban on outdoor patio

May 13 2008

ONE of Liverpool’s most famous and historic clubs went to court yesterday to appeal against a council order that it says is crippling its business.

The Blue Angel, on Seel Street, is currently banned from using its outdoor patio area following a long running dispute about noise with people living in newly-built apartments in nearby Chinatown and the Ropewalks.

The club’s appeal against the noise abatement order, issued by the city council in November, started at Liverpool Magistrates Court yesterday and over the next five days the hearing will listen to management, council officers and residents.

Solicitors representing the club argued yesterday that levels of noise coming from the venue have not been measured in a scientific way and that it is impossible to distinguish between the establishment and others in the area, which as a whole is always very noisy.

They also questioned why certain noise control measures had not been factored into the newly-built flats, such as air conditioning to reduce the need to open windows and specifically designed windows to limit the amount of noise penetrating the buildings.

But Jonathan Eaton, representing the city council, said: “Although we accept residents can’t expect a Liverpool of tranquillity associated with Belgravia Square or the open countryside, we have produced enough evidence to show it is a significant noise and interrupts sleep patterns. On no basis should these people expect to put up with it.”

He added residents felt the noise had significantly worsened since the July, 2007, smoking ban, which they claim has increased the amount of people outside.

Although the club says smokers do use the terrace, it maintains the area has been an important asset and attraction for the last decade, before the apartments were built, and its closure is of severe detriment to its finances.

The venue, which claims to have provided the stage for one of the Beatles’ early auditions, opened in 1961 and is now one of the most popular night-time venue for students in the city.

The one-time Merseybeat hang- out, known to many as the Raz, has been at the centre of controversy for more than four years due to the dispute, after residents said they were kept awake into the early hours due to unacceptable levels of noise.

The outdoor area was closed for 12 months until November, 2005, but after a Crown Court battle reopened.

A four-metre high wooden screen was built on the patio which is intended to block out noise but this did not satisfy residents and the council order followed.

In February, the council confiscated the club’s DJ equipment after it broke the conditions of the order.

The hearing will resume at 10am today.