CAMPAIGNERS fighting plans for a late-night licence at York's Barbican Centre have lost the first round of their legal challenge.

City magistrates yesterday rejected an appeal by local residents who claimed notices advertising the proposals had not been posted around the centre's perimeter in accordance with licensing regulations.

One resident, Maria Dodd, of Barbican Road, said that because no one had had any reason to approach the Barbican since it closed down last year, local residents had not realised that signs stuck in centre windows were there, or known what they said.

She said signs at the front were too far from the pavement in Paragon Street to be noticed.

After a marathon hearing lasting almost eight hours, the Bench agreed that some of the notices had not been posted correctly.

However, citing comments by the former Master of the Rolls, Lord Denning, in a past unconnected case, they said they did not believe anybody had been deceived or misled, and dismissed the appeal.

Ernie Dickinson, leader of the campaign group Save Our Barbican (SOB), said afterwards that he was "astonished" by the decision. He said: "Our initial legal advice is to appeal to the High Court."

He said SOB members would meet next week to consider raising funds to do this.

Objectors have also indicated they want a second court hearing over their substantive appeal against a City of York Council licensing committee decision in the summer to grant the late licence.

More than 200 residents opposed the plans then, amid fears about noise and disturbance from drunken customers walking home in the early hours.

Tony Knox, boss of Absolute Leisure, the company which is set to run the Barbican, said last night that its proposed revamp of the auditorium could not go ahead until any second appeal had been heard and the late licence upheld.

Demolition for pool

DEMOLITION contractors could soon start knocking down the Barbican swimming pool complex.

City of York Council's planning committee is being urged to vary some of the conditions imposed when permission was granted last year for the whole complex to be redeveloped with apartments, a hotel, conference facilities and a revamped auditorium.

The variation would allow for the demolition of the pool - which has stood empty since summer last year - and also an electricity sub-station, a public toilet block in Kent Street and part of the Kent Street car park.

A report to next Thursday's meeting says that the application was deferred at a meeting in August following objections from the Environment Agency, but the agency's concerns over the impact on the local water environment had now been addressed.

Updated: 09:44 Thursday, October 20, 2005