OPENING until 3am is off the cards for a trendy city- centre York bar, after planning chiefs threw out its late hours application.

Councillors have refused permission for the Evil Eye Lounge, in Stonegate, to stay open until 3am on Fridays and Saturdays, and 1am on other days.

It means the well-known establishment must still close at 11pm - despite winning over licensing bosses earlier this year.

Licensing committee members have already agreed the internet caf could stay open until the small hours, but stipulated it must abide by planning restrictions.

That meant the bar was then forced to apply for planning permission - which has been refused by a City of York Council planning and transport sub-committee meeting.

Development control officer Fiona Mackay had recommended councillors refuse permission, saying allowing the bar to close at 3am would cause noise nuisance for local residents.

She also said the hours extension would alter the character of the Stonegate area, part of York's "historic core".

Committee member Coun Dave Evans said: "Given the nature of the area, 11pm seems a reasonable time." But he added the councillors were "more than happy" to allow the internet cafe to open its doors at 8am, which it applied to do from Monday to Saturday.

In October, we reported how the Evil Eye had been investigated by council officers after a complaint it was operating as a bar, and not an internet caf. According to planning conditions, during its extended hours period the bar is only allowed to serve drinks to people who are using its computers.

Now it has applied for this condition to be relaxed - but the matter has not yet been decided.

Landlord Ian Loftus said in a report to councillors that his premises, which also operates an off-licence, was one of the "safest places to be".

He said the bar had agreed terms with environmental health officers to protect noise nuisance to locals.

This included keeping all doors, windows, and other openings shut between the hours of 11.30pm and 9am and ensuring music or amplified sound was not audible at any face of the building, or through any party wall.

Updated: 09:36 Saturday, December 03, 2005