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Aberdeen music venue facing sanctions over noise complaints

Cellar 35 is the basement bar downstairs from the Noose and Monkey
Cellar 35 is the basement bar downstairs from the Noose and Monkey

A thriving Aberdeen music venue is facing sanctions from licensing chiefs following repeated noise complaints.

Environmental health officers called for a licence review hearing into problems reported by a neighbour living in a flat above Cellar 35 on Rosemount Viaduct.

The basement bar is located downstairs from the Noose and Monkey pub at the corner of Skene Street.

The complainant told licensing staff she was unable to sleep, watch television or hear music played in her home.

Members of the city licensing board convened yesterday for a hearing, but were asked to defer any decision on the case until January.

The board was told that the premises licence holder, James Gray, had commissioned a qualified noise consultant to look at what mitigation measures may be required.

Councillors were asked to await the contents of a report into the issue. There was no-one present at the meeting to represent Cellar 35 or the Noose and Monkey.

Board member Ian Yuill agreed a deferral was a “sensible” way forward, but noted that seven and a half months had passed since the bar was first asked to employ a noise consultant.

He said: “I think the message needs to go out that (the licence holder) is drinking in the last chance saloon.”

A report to the board said environmental health officers had visited the flat and found the noise levels to be “intrusive” and “sufficient to cause sleep disturbance”.

A noise abatement notice was issued on March 13. The report pointed out that failure to comply with a statutory notice is an offence under the Environmental Protection Act 1990 Section 79(1)(g). Officials said they were satisfied the terms of the act had been breached, and had decided to go to the licensing board prior to reporting the matter to the procurator fiscal.

The report added: “It is our view that a resolution can be reached without resorting to the procurator fiscal. Any action taken by the procurator fiscal may be a deterrent to Mr Gray but would not offer a long term solution benefiting both parties.”

The board meets next on January 20, 2015, but convener Marie Boulton said another date may be set aside to consider the matter.

The 80-capacity venue hosts local and touring bands, club nights, comedy shows and open mic nights.

A member of staff at the Noose and Monkey said that Mr Gray was not available for comment yesterday.