THE youth of Tavistock have 'forfeited their rights' to the late opening of a town night club and do not deserve wider hours, according to a West Devon councillor.

Cllr Dick Eberlie made the comment at a meeting of the council's planning committee during discussions on opening hours at the Crown Leisure Centre.

He said the anti-social behaviour of young people in Tavistock was increasing and he had received several complaints in the last two or three weeks.

'They have forfeited their rights to the late opening of a disco in the town. They don't deserve this application to widen the hours — they have had their chance and have failed,' he said.

Councillors were being asked to align the hours in the existing planning conditions for the club to those permitted by its entertainments licence — which are greater.

Planning officer Chris Watson said 13 letters of objection had been received, mostly concerning opening beyond 1am and referring to noise and vandalism.

The proposed hours included opening until 1am on Friday and Sunday mornings and 2am on Saturday mornings.

The recommendation was to approve the amended hours for a temporary period of six months, when the situation would be reviewed. It was known that the premises had been operating later opening hours than permitted by the existing planning permission, but officers had been unaware of any amenity problems caused by this.

John Parkin, who runs a guest house in Plymouth Road, said he was worried that the centre had been opening later than permitted and was amazed officers had apparently been unaware of any problems. He said he had complained on many occasions and kept a diary for the council's environmental health department.

'Last year we were promised a rear lobby would be constructed, but this hasn't happened. The double doors are left open and the noise is very intrusive — especially the bass,' Mr Parkin said. He was 'horrified' at the proposal to close at 2am on Friday nights, claiming noise outside was a major problem.

The Crown Centre's agent, Peter Rowan, who is also a neighbour, said the application was unusual as two permissions were needed. The centre had been opening for longer than stated in the planning condition for nine years eleven months. Efforts had been made to reduce noise, but what happened outside the doors was beyond their control.

'Planning laws should not be used to control licensing,' he said, adding that neighbours could monitor the extra hour if a temporary six month approval was given.

Planning services manager Jane Green said it was 'perfectly reasonable' for a planning authority to seek to impose hours. If the alleged length of the breach of conditions could be proved, the planning authority would lose the authority to take action to enforce in only one month's time when it reached ten years.

'If a decision is made to defer then the potential for control could be lost,' she said, suggesting the two choices were to grant the application or serve an enforcement notice.

Planning committee chairman Cllr Roger Mathew said it seemed 'a little potty' to have planning and licensing saying different things — he moved approval of the application.

But councillors decided against and instead amended the permitted opening hours — allowing the centre to close at 11pm on Mondays and Tuesdays, 11.59pm on Wednesdays, Thursdays and Saturdays, 10.30pm on Sundays and 1am on Friday nights. This would be for a limited period of six months, after which the hours would be reviewed.

The committee also instructed an enforcement order with a compliance period of three months to be served on the centre, forcing adherance to authorised times.

After the meeting, Mr Rowan, speaking for the Crown Centre, said they had been merely trying to comply with the entertainments licence the council itself had issued. They had been operating part of the extension for almost ten years, and the 2am extension had been in force for approximately three years, in line with the licence.

'The company was dismayed that one councillor stood up and said that the youth of Tavistock had had their chance and had failed,' he said.

Solicitors and planning consultants for the club would meet West Devon Borough Council officers to discuss the matter, as the ruling 'could strike at the very heart' of their business, Mr Rowan said.