By Trevor Bevins, Local Democracy Reporter.
The family running a Dorchester venue say there is no objective evidence to support claims of noise and disturbance from the premises.
Mr Hamit Kircal, one of owners of the Meram Kitchen/XO Lounge, said there has never been any need to call on Brewery Square security or the police because of problems.
He said Dorset Council’s environmental services had also said there is no evidence to support claims of loud noise and disturbance from the business.
Residents living in Brewery Square had called for a review of the Premises Licence for the business, which is allowed to serve alcohol until 1am every day, claiming they were being disturbed too frequently until the early hours by customers from the premises.
There had also been a complaint of a fight outside – but nothing to relate that to the business.
One of the residents’ association representatives, Neil Kendall, asked Dorset Council’s licensing panel at a hearing on Tuesday to consider restricting the basement XO Lounge opening only to a Friday and Saturday and to restrict drinking at the whole premises until 11pm.
Mr Kendall said the residents he represented did not want to see the business closed, but were looking for a compromise.
Another resident, Joe Puttick, who lives on the third floor of the building, said people sitting outside on the terrace “nattering” woke people up in the early hours.
“A lot of people in the building are elderly and go to bed early,” he said.
Mr Kircal said the manager of a neighbouring business, Hub Box, which has now been empty for eight months approached him when he was setting up the business a year ago and said “Good luck with the residents.”
Said Mr Kircal to the residents at the hearing: “What do you want, empty units?… the reason they left, it was not just because of the expense, it was because of the complaints they’ve had,” he said.
“I’m not in Brewery Square to disturb anyone,” he said.
He added that around 300 customer feedback forms for the business had been prepared but were not allowed to be seen by the licensing panel because they had been submitted later than the deadline.
Letters in favour of the premises which councillors were able to see included the comments : “This underground bar gives off a cosy vibe and being underground means music can be played without it being too much in the restaurant above.”
Said another: “From my personal experience, Bar XO is a well-managed and responsible venue that offers a safe, welcoming and respectful environment for people to spend their leisure time. It is a pleasant and culturally appropriate place for socialising within the local area.”
Mr Kendall said that other premises in the area were closed by 10 or 11pm. He said the business had no sound proofing, which he suggested ought to be added, together with the use of trained security staff.
He said he welcomed the fact that the business had put up a sign asking customers to respect the neighbours when leaving but said that it had made no difference.
The panel heard that there had been eleven letters in support of the licence review and 13 in support of the premises submitted by the deadline.
Said Mr Kircal in his address to councillors: “We do not tolerate disorder, anti social behaviour or anything that could negatively affect our venue, or the area.
Our aim has always been simple – to create a place where people can enjoy themselves safely, responsibly and within sensible operating hours.”
After a hearing lasting an hour and a half, the licensing panel of three councillors adjourned to make their decision – which is expected to be announced within five working days.
