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Owner of Bank Bar in Folkestone loses appeal after late night noise complaints

By: Sam Williams swilliams@thekmgroup.co.uk

Published: 09:27, 10 March 2020

Updated: 09:27, 10 March 2020

A restaurateur has lost an appeal to run a former Folkestone late-night hot-spot as a separate venue to his restaurant.

Bank Bar, in Castle Hill Avenue and run by George Lim, was stripped of its licence in 2018 by Folkestone and Hythe District Council's (FHDC) planning committee, following a string of residents’ complaints about the venue’s conduct.

Bank Bar in Castle Hill Avenue in Folkestone has been closed since 2018. Picture: Gary Browne

This included noise nuisance, disturbances and anti-social behaviour, and it closed in March of that year.

But as part of another investigation by the authority, council planners had refused Mr Lim’s application for a certificate of lawful use for the basement premises to be used as a separate planning unit from the Kalala restaurant, which is above it.

This would have enabled it to continue operating as a late-night bar without any restrictions on opening hours.

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While Mr Lim sought to prove the two businesses had been operating separately for 10 years, the authority rejected the evidence.

In response Mr Lim appealed to the Planning Inspectorate to overturn the decision and award him the certificate of lawful use for the bar.

Cllr Clive Goddard. Picture: Paul Amos

But, following a three day inquiry last October, the government appointed inspector dismissed the application.

Cllr Clive Goddard, chair of FHDC's planning committee, said: "The appellant had to prove that the change of use of part of the basement to a bar had taken place and continued for a period of 10 years.

"The inspector found that the appellant had failed to demonstrate this in a precise and unambiguous way and that the Bank Bar is not a separate planning unit but part of a larger planning unit forming a mixed use.

"We are very pleased with the decision.

"It follows years of collaborative working by officers within the planning, environmental health and licensing departments with councillors and local residents.

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"Together we have achieved a good outcome for residents who were suffering as a result of the noise and anti-social behaviour that was associated with the use as a bar."

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