City nightclub loses court battle over ban on patio

May 16 2008 by Liza Williams, Liverpool Daily Post

ONE of Liverpool’s best-known nightclubs yesterday lost an appeal against an order banning it from opening its outside terrace, in the latest episode of a four-year row with residents.

After listening to four days of evidence, District Judge Richard Clancy dismissed the Blue Angel’s appeal against a noise abatement order issued to the Seel Street venue by Liverpool City Council last November.

Residents living in newly-built apartments in nearby Chinatown and The Ropewalks complained of excessive noise which they say was caused by people standing on the patio area and music escaping through an open door.

Lawyers representing the club argued levels of noise were not measured in a scientific way and that they could have been caused by other businesses in the area, which is always very noisy.

They also questioned why certain noise control measures had not been factored into the newly-built flats, such as mechan-ical ventilation to reduce the need to open windows and specially-glazed windows.

But the judge dismissed the claims, adding that a separate hearing is dealing with the latter issue.

The court heard from resident Lisa Tolley who said she has been suffering from anxiety since the problems began.

When asked whether the closure of the patio area had made a difference, Miss Tolley became emotional and said: “I can hear the base just very slightly but I can get used to that, as long as the screaming and shouting and loud music stops. You can automati-cally tell where it is coming from, you would have to be an idiot not to know.”

District Judge Clancy concluded: “I have no doubt that the complaints were completely justified. I am quite sure that it is injurious to health . . . as such the appeal is dismissed.” The one-time Merseybeat hang-out, known to many as the Raz, 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 city students.

It has been at the centre of controversy for more than four years due to the dispute and the outdoor area was closed for 12 months until November, 2005, but after a Crown Court battle it was 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.

Owners of the club, who were present throughout the hearing, said last night they would continue to fight the council.

Manager Mike Kearon said: “I am not leaving it here. I still feel we are being victimised and these issues should have been sorted out at the Crown Court hearing.

“Other flats in the city are now being built with the ventilation and glazed windows so somebody has realised mistakes were made, I think.”

The club will now have to pay £12,000 costs.

lizawilliams