A LANDMARK restaurant will be allowed to use its rear beer garden despite a neighbour saying it had already "made her life a misery".

The rear garden of Primo Bar & Dining – formerly Bindles Bar and Brasserie and previously The Glasshouse -  was transformed into an extended drinking and dining area of the restaurant earlier this year, despite it not being covered by the licence.

The move was outside the remit of the Sidbury restaurant's premises licence, which authorised sale of alcohol between 11pm and 1am, Friday and Saturday, and 11pm and midnight, Sunday and Thursday.

A hearing of Worcester City Council's licensing sub-committee heard that, after complaints, licensing officers sent the owners, Ali Cokaj and his cousin Yanni Cokaj, a letter in July warning of the infringement.

This prompted Primo's owners to apply for a variation of the premises licence, and the Guildhall hearing to be arranged.

During the hearing, held on Thursday, Councillor Roger Knight questioned how the error could have been made.

Ali Cokaj said: "We weren't aware of needing to get this particular licence. We apologise."

Cllr Knight said: "So, it was an oversight", to which Ali Cokaj agreed.

Ali Cokaj also stressed their venue was a dining area, they weren't running a nightclub, and said they did not welcome hen parties and stag dos groups - preferring couples and parties with a maximum of four.

The hearing heard from Frances Fosh, the owner of Charlies cafe bar, who lives in an upstairs flat next door.

She gave lengthy evidence of a number of noise issues since the garden went into use.

"There is so much sound at midnight," she said.

"I lie in bed - I can hear distinct sounds and conversations from customers.

"Customers shout at each other to be heard."

She said last month, in one incident, women were screaming at the top of their voices.

"There was so much screaming that at about 12.30pm I went outside to my garden," she said.

"It sounded like someone was being murdered.

"I can't live with that - they are just making my life a misery since they opened the garden."

Helen Cameron, chartered environmental health practitioner for Worcestershire Regulatory Services said: "We were not consulted at all about extending into the garden.

"We have done no formally monitoring of the garden.

"I don't think, because of the nature of the residents next door, it is responsible to allow the outdoor area to be used after 10.30pm at night - because of the noise transmission."

Throughout the hearing Ali and Yanni Cokai indicated they would be happy to accept conditions, to resolve noise issues.

After deliberations, chairman of the sub-committee Councillor Joy Squires said they had decided to approve the application, but with "very stringent conditions" which members believed would attenuate the noise issue.

The owners have been told they cannot have a DJ on the premises or external speakers and must stop people going up and down a staircase that could be heard next door.

The garden would have to be closed and vacated at 11pm, with a barrier to stop further use after then.

Following the decision Ali Cokaj said they were delighted, and would be implementing the requirements of the conditions straight away.

Yanni Cokai said: "We will be working and doing everything in our power to make our neighbour's life easier, and comfortable."

Ali Cokaj added the outdoor area would be a good addition to the restaurant, with a friendly atmosphere for diners.