A REAL ale pub in a residential area in York could open as late as 2.30am after being granted a late licence - only the second pub in the city to gain the special measures.

A number of residents living close to The Swan Inn, in Bishopgate Street, objected to the application because of fears the later opening hours would cause noise and prevent them from sleeping.

However, the council's Licensing Act 2003 sub-committee, meeting for only the second time yesterday, granted the late licence - with conditions.

It means the pub can stay open until 11.30pm Monday to Wednesday, until 12.30am on Thursdays, 1.30am on Fridays and Saturdays and 11pm on Sundays from November at the earliest.

However, on Bank Holiday weekends an additional hour will be added to opening times.

Alcohol will stop being served 30 minutes before closing time - adding ten minutes on to the current drinking-up time.

The conditions mean that the beer garden must close at 11pm each night, the loud speaker is removed from the garden, that noise from the pub should be inaudible at the nearest property and a customer dispersal policy be devised before the licence comes into force.

Seven objection letters were received, including a 19-name petition from residents of Clementhorpe Court.

Resident Mike Greenhalgh, whose house in Darnborough Street backs on to the pub's beer garden, also spoke at yesterday's hearing.

He said: "The rear window to my premises is only 13 metres to the wall of the beer garden. Any noise emanating from a beer garden at 1.30am or 2.30am would be a significant public nuisance.

"Even if they are behaving themselves I do believe it would still be a nuisance, especially to me and other people to the rear of the pub." Mr Greenhalgh, who sometimes drinks in The Swan, said he was worried about what would happen if the current landlord, Peter McNichol, decided to move on.

He said: "It's very well-run by Peter and Rachel, but to have these extended drinking hours in such a residential area is inappropriate.

"Late-night drinking belongs in the city centre."

Mr McNichol said afterwards that he was pleased with the outcome.

He said: "The pub is not going to change at all, it will be exactly the same apart from the extra hours.

"We have been there for nearly eight years and we will be there for the foreseeable future."

Last week, the Postern Gate, in Piccadilly, was granted extra hours. The council has received more than 70 applications for late licences under the new act from premises including pubs, restaurants and village halls.

Updated: 10:53 Friday, June 03, 2005