Music restrictions placed on Moira bistro after complaints about noise levels from local residents
By Graham Hill
2nd Feb 2023 | Local News
A Moira bistro has been told it must stop playing music outdoors after 9pm following complaints from nearby residents.
The review of the premises licence for Eden Bistro was requested by North West Leicestershire District Council's Environmental Protection Team.
This was heard by the council's licensing sub-committee which was told that a number of complaints had been received from neighbours around the area close to the restaurant.
Eden's licensee, Charles Griffin - who is also an Ashby Woulds councillor - appeared before the committee to support his application.
Mr Griffin said that he felt there was a 'personal vendetta' against him concerning the number of complaints, adding some were 'vexatious' and accusing him of using his position as a local councillor to his advantage.
He also pointed out that Eden Bistro, which opened in May, 2021, had lost £32,000 last year and that he had no intention of letting that happen again.
Mr Griffin argued that, if residents had a problem with noise levels, they could contact him personally and he would turn it down.
But the committee said it should not be left to people living close by to contact the bistro's owner when it is felt noise levels are too high.
However, Mr Griffin also pointed out that other establishments and festivals, in or close to Moira, are also responsible for loud music or noise.
He said that one complainant had mentioned that the Bistro had been playing music by Tina Turner - but argued that it was Conkers who had a tribute act playing on stage that night and the sounds did not come from Eden.
Mr Griffin also said the one of the occasions was to mark the restaurant's first anniversary.
Terence Olaf, North West Leicestershire District Council Environmental Protection, told the committee that Mr Griffin had said that Eden would be a 'high end' establishment where people could have a meal or a coffee while listening to ambient music in the background.
Mr Olaf said that the impression had been given that music would not be the main attraction.
When its licence was first given, it allowed for live and recorded music indoors and outdoors should until midnight at weekends.
Mr Olaf said he and Mr Griffin had agreed to amend the licence in following complaints, but Eden Bistro had not done this. Mr Griffin denied this had happened.
But Mr Olaf said he visited Eden Bistro on a number of occasions in August, adding that sometimes there had been music from speakers on the outside patio.
He added there had been complaints about music being played - both indoors and outdoors - along with raised voices. He said that there were 22 properties nearby - with one 10 metres from the Bistro site.
But when it was pointed out that there had been no complaints in recent months, Mr Olaf responded that it was 'seasonal', adding the outdoor area would be used more in the summer.
Mr Griffin added that the business needed to make money and that, if the patio area were to be closed to diners after 9pm, it would be 'bye-bye Eden' as he would have to sell up and 35 jobs would be lost.
He also added that the restaurant - formerly Gilliver's shoe warehouse a few miles from Ashby de la Zouch - had added to the area's revival, with district councillor John Bridges saying that 87 per cent of the Ashby Woulds economy was down to tourism.
Cllr Bridges said: "We're a victim of our own success."
But the committee imposed restrictions on Eden regarding noise, deciding the levels were a 'public nuisance'.
Eden Bistro cannot now play "live or recorded" music outdoors at all times, although the playing of ambient music until 9pm is allowed, subject to noise limiting devices being installed on the premises.
All other licensed outdoor activities must be over by 9pm daily, and while all outdoor tables and chairs must not be used after 10pm every day.
Signs must also be on display to urge customers and staff to respect neighbours when it comes to noise levels.
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