Portsmouth City Council environmental health officers requested the action against It’s Mustard in Albert Road for six contraventions of a noise abatement notice issued in March. Two of these were after the review application was made.
“Despite giving clear guidance and warnings as regards to complying with licensing objectives, the licence holder has continued to operate in contravention of prevention of a public nuisance,” the application says.
The review will be heard by a council licensing sub-committee on Monday, September 4 and follows hearings against Monty’s, which took place this week, and Pitch & Vinyl, scheduled for Tuesday (August 29).
It’s Mustard opened from the former piano shop in December and drew its first noise complaints in early February after which environmental health officers first wrote to the business and then later served the notice. Within two weeks, the first breach was recorded and was followed by the second on May 6, the third on June 3 and the fourth on July 1. After this, the review was called with a request that permission to play music be removed from the restaurant’s licence.
A series of other complaints from neighbours were also recorded by the council and two further breaches were recorded on July 22 and August 5.
“It is clear that the premises licence holder has consistently failed to act on advice of the other responsible authorities in terms of complying with the premises licence and has continued to breach the requirements of the Licensing Act,” the application adds.
Sixteen people have written to the council in support of the review, saying noise was “unbearable” and that people living in the area had “no escape” from it. But seven people, several of whom are the owners of neighbouring businesses, have written to the council in support of It’s Mustard, welcoming its presence in Albert Road and saying there was “no cause for concern”.
“Comparing to other establishments on Albert Road, in my opinion the staff are excellent, accommodating and friendly, which can’t be said for other restaurants and bars where you have undesirables being loud, aggressive and violent,” regular customer Mr Wall said.
Adam Stringer, the restaurant’s owner, said he believed all parties would be able to reach an agreement that allowed it to continue running with music, adding that losing this would be “very detrimental” to the business.
“This was a former piano shop so changing to It’s Mustard was always going to be a change for residents but hopefully we can work with them to find a solution that works for everyone,” he said. “Of course this is an area with a lot of pubs and bars and we want to offer something slightly different with a very welcoming atmosphere.”
Councillors have been asked by environmental health officers to remove permission for music to be played, although they also have the ability to revoke the licence, which some neighbours have requested.
It’s Mustard was contacted for comment.