A LOCAL councillor claimed today he was being gagged from speaking out over a controversial late licence application for York's Barbican Centre.

Fishergate representative Mark Hill said that when a licensing committee decides on plans to keep serving alcohol until 2am, he will not be able to address it on behalf of his constituents.

He revealed he had received a letter from Dick Haswell, City of York Council's head of licensing, saying that his representation had not been "deemed relevant to this application, and therefore will not be considered by the licensing committee when determining this application".

Mr Haswell said the decision had been taken because he did not live in the vicinity of the licensed premises, and was not likely to be directly affected by potential disorder and disturbance. He said he was acting on criteria laid down in statutory guidance to the Licensing Act.

But Coun Hill branded the ruling "ridiculous and stupid", claiming: "Despite being the elected representative of the area, I have been completely cut out of the decision making.

"I haven't been shown any plans, and I have been prevented from serving my constituents."

He said he could comment on minor planning matters such as a proposal for a dormer window, but could not comment on plans to keep a major entertainment venue open until the early hours.

"Residents in Heslington Road, Fulford Road and the surrounding area have got used to the noise of drinkers returning home tailing off at midnight. This proposal will change everything. Yet I am not allowed to tell the committee that I think it is wrong to put a nightclub into a housing district."

He said the council would only consider objections from a very narrow area around the site.

"The committee will be aware that the council has a large financial stake in the development. The way this has been handled is a scandal. Local opinion has been ignored at every stage."

A council spokeswoman said today there were clear criteria for who can and cannot make representations regarding licences.

He said: "Ward councillors can't unless asked to do so by residents or unless they are a resident themselves.

"Mark Hill has written to us in his own right (not on behalf of residents), but if, at the hearing, one of the ward residents asks him to speak on their behalf then he can."

Licence application to be decided over two days

THE Barbican late licence application has attracted so many objections it is set to take two days for the council's licensing committee to determine.

The Evening Press reported how almost 200 letters of opposition to Absolute Leisure's application had been received by City of York Council.

The council has revealed the licensing sub-committee may ask people raising similar objections to appoint a spokesman to address it on their behalf. It says the sub-committee will have read and familiarised themselves with the papers and issues before the hearing. "They therefore do not require the points to be repeated or made at length. All written representations will be taken into account when the sub-committee make their decision."

The council also says the time limit for determining the application has been extended because of the limited number of committee members who have not been involved in previous decisions relating to the Barbican, and the availability of these members on the same dates.

The hearing at the Guildhall will start at 10am on Monday, July 11.

Updated: 10:24 Friday, June 24, 2005