ONE of York's trendiest bars has been the subject of a council investigation.

The Evil Eye Lounge, in Stonegate, was looked into after a complaint it was not being run according to planning conditions.

The venue hit the headlines earlier this year after it emerged it was serving the "Hell Shot" - a drink so strong anyone sampling it had to sign a disclaimer beforehand.

But the lethal shot was taken off the menu after it sparked a storm of outrage from city chiefs and alcohol advice bodies.

Now the bar must submit a retrospective planning application after a complaint was made that it was operating mainly as a bar - rather than as an internet caf, with drinks being served to computer users, as stipulated in its planning permission.

Sarah Mustill, a development control officer for City of York Council, said in a licensing document: "...planning permission for the use of this building as an internet lounge was conditional in terms of the hours of opening and also restricts sales of drinks to users of the internet caf.

"The reason for the imposition of these conditions was to protect the occupants of nearby residential properties from noise and disturbance."

A spokeswoman from the council's planning department said the investigation centred on the fact that the venue was allegedly running "predominantly" as a bar.

But that has now ended because the bar had now applied to vary its operating conditions.

"It's not illegal to operate without planning permission," added the spokeswoman. "We don't have the power to weigh in and close someone down."

Landlord Ian Loftus confirmed the bar had submitted a retrospective planning bid to remove the condition that drink should only be served to customers waiting for the Internet.

"We are a bar and an Internet caf," he said.

"In the daytime we are all Internet - the greatest profit in our business is the Internet."

The Evil Eye also applied to open until 3am - sparking a storm of protest from locals.

Updated: 10:33 Tuesday, October 04, 2005