A LARGE city centre pub has won the right to stay open until as late as 3am in the first case of its kind in York.

The Postern Gate, in Piccadilly, successfully applied to change its operating conditions under the new Licensing Act 2003 despite warnings that a late opening would fuel York's problematic drink culture.

In the first bid for a late licence by the national chain in the north-east, the JD Wetherspoon pub will be able to open until 3am on Friday and Saturdays, and 2am every other day, giving punters an hour's drinking-up time instead of the usual 20 minutes.

An extra hour could also be added to finish times on occasions such as Burns' Night and St Patrick's Day - except on Fridays and Saturdays - and on the morning of the clocks going forward.

The pub will also be able to provide refreshments, such as light snacks, until bar staff stop selling alcohol.

This was the first application considered by City of York Council under the new Licensing Act 2003.

Members of the licensing sub-committee met yesterday at the Guldhall, York, for five hours to consider the application.

Fishergate ward councillor Mark Hill warned the sub-committee the late opening would set a precedent.

He also highlighted that the Postern Gate was on a main route home from the city centre to the university campus.

"We already have an issue of disturbance on Heslington Road. Extending these licensing hours will exacerbate the problem.

"You are going to become a focus for people who want a final drink before going home.

"If people can drink until 4am, when will residents get any rest?"

He said: "It is damaging to the pub culture of York, which already has problems, and you are creating the potential for a lot of disturbance for people in this corner of town. Midnight would be quite adequate."

Coun Hill also criticised the lack of consultation among residents in his ward.

But acting licensing manager John Lacey said the council was not obliged to consult, adding that York was the only authority he was aware of which chose to do so.

The application triggered 19 letters of concern from residents about crime, noise, public order and safety. To address these, the Environment Protection Unit insisted on a dispersal policy to help move customers on quickly.

Other conditions included ensuring the outside areas were cleared of customers by 11.20pm; substantial food should be available until 9pm and seating should be provided for at least half of the maximum number of customers allowed on site at all times.

Claire Eames, legal director for JD Wetherspoon, said: "By extending the hours you are not going to have that crazy situation of people rushing from premises to premises.

"We are extremely conscious of businesses and residents nearby.

"We wouldn't have traded as successfully for three years if we weren't, especially with the Travelodge above us.

"We are now placed in a new position whereby we have to specify our potential trading hours.

"That's how the new system works.

"We could have applied for 24 hours.

"That's how the act is worded. I think we have taken a balanced view."

Updated: 09:29 Saturday, May 21, 2005