The manager of Canavan’s Pool Club in Rye Lane has been told by the council to make a fresh application for the right to operate as a nightclub and pool venue.
The News reported last month that Kieran Canavan had been caught out by a peculiarity in council planning rules.
The authority wrote to Kieran last month to say he did not have planning permission to use the venue as a nightclub and pool venue, despite him being granted a licence for both activities in 2011.
To bypass having to get planning permission, Kieran tried to prove to the council that the club had been used for pool and night entertainment for over ten years – which by English planning law grants automatic planning permission.
But on September 22 planning officers wrote to reject this attempt, saying: “The existing development is not considered to be lawful because it has not been demonstrated, on the balance of probability, that the premises has been in continuous use as a drinking establishment/nightclub/pool area continuously for the ten years.”
Writing on the Canavan’s Facebook page, Kieran said: “I did not win my case for the certificate of lawfulness. In short the council did not believe my evidence that these premises have been used as a late night venue for more than ten years. All is not lost yet, the council do acknowledge that Canavan’s is here and have given me the opportunity to now apply for permission to regularise the use of my club. Obviously I am going to do this. ”
A change.org online petition to support the venue has attracted 4,550 signatures.