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Nightclub likely to shut after court ruling

A KENT nightclub looks set to close after losing its bid to stay open until the early hours.

The Manor Club, in New Road, Chatham, formerly a working men’s club, became one of Medway's most popular nightspots after it underwent an expensive refurbishment.

But now a judge has announced a decision that will mean the premises can no longer operate as a nightclub.

Judge Keith Simpson, “with considerable reluctance,” dismissed an appeal by the club against a ruling, made by Medway Council’s licensing panel and upheld by magistrates, that its 2am licence should cease and the club must close its doors by 11pm.

However, the judge, sitting with magistrates at Maidstone Crown Court, turned down an application made on behalf of the council, for the costs of the appeal to be paid by the club.

He said the entire situation had been brought about largely by the policy of the council in recent years to transform Chatham into a vibrant, party town - the entertainment capital of the Medway Towns.

“It is quite plain that the council have clearly encouraged people to invest in this area...in a manner which, in our judgement, was almost certain to cause disturbance to local residents,” he said.

Owner Tony Bull had renovated the premises at considerable expense, and, said the judge, being a businessman, it must have been a calculated decision on his part, since he must have realised that a permanent licence was by no means certain.

Any objection in terms of music emanating from the club had been dealt with by soundproofing, and the remaining complaints from residents related only to the disturbance caused by patrons as they left the premises at 2am.

He and his colleagues on the Bench had come to the view that there was, and is, a serious risk of continuing undue disturbance if the club was allowed to trade until 2am.

“In reality it ceases to be a nightclub and becomes an evening club. We are driven to the conclusion and it is with considerable reluctance, that this appeal must be dismissed,” said Judge Simpson.

When the club first opened a public entertainment licence allowed the premises to stay open until 2am on certain nights.

But following complaints from neighbours, the club was forced to close its doors at 11pm.

In an appeal at Maidstone Crown Court, barrister Ian Winter, representing the club, told the judge: “Without a licence until 2am, the club will not be viable. It is no use at all to have a restriction, as the magistrates have decided, until 11pm.”

When new owners Tony Bull and Vinod Ahluwalia acquired the premises in 1997, their ambition was to provide a disco environment, he said. After the local council expressed the view that there could be noise problems, half a million pounds was spent improving what had become a derelict building and in particular, dealing with soundproofing.

The original plan was for the club to remain open late on a few nights per week and in October 1998, a provisional, three-month licence was granted until 2am, followed in January 1999 by a further short term licence.

The club was allowed to remain open until 2am on Monday, Wednesday, Thursday, Friday and Saturday nights.

It continued to operate on a series of similar, short-term licences.

Then on January 12, 2001, the local council’s licensing panel decided to reduce the hours the club could remain open to 11pm. And in May 2001 Medway magistrates upheld the licensing panel’s decision.

The club was, however, allowed to remain open until 2am pending the crown court appeal.

In deference to local residents, it did so only on Friday nights, plus the occasional extra night, such as on a Bank Holiday.

And, as Mr Bull told the appeal panel, the club changed its emphasis so as to cater for Medway’s large student population.

“We have changed the style of music in order to attract the student body, which is quite large in the Medway Towns,” he said. Students tended to be non-confrontational and to drink less than the previous clientele, he added.

In answer to a question from Judge Keith Simpson, as to where those young people went for their nights out, now that they were no longer using the Manor Club, Mr Bull replied: “A lot of them go to Maidstone.”

The county town has several late night venues, including one just yards away from the crown court building.

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