Windsor's Pink Gentlemen's Club in Oxford Road East has won a surprise victory against Royal Borough planning officers hoping to enforce a 1am weekend curfew in the courts.
Magistrates threw out the borough's case against the club on Monday. They decided that the 'breach of planning conditions' notice served by officers a year ago had been invalid. This was because a new company had taken over the running of the club the day before and the notice named the old one.
The Royal Borough of Windsor and Maidenhead's planning officer Eric Nicol admitted this week the decision was disappointing, saying that his department had been defeated by a technicality.
Mr Nicol said: "We will still pursue this club because they are clearly breaching planning conditions."
Although Pink is not breaching its licensing conditions which allow it to stay open until 4am, a 1am curfew imposed as a condition when the site first became a club is regarded by planning officers as superseding this.
David Malia, chairman of Ward Royal Residents Association whose home is yards from the Pink club in Oxford Road East, said the collapse of the court case was disgraceful. He said: "Is there any evidence that the new people supposedly running the club are any different from the previous ones? The whole thing is farcical.
"Residents are up in arms over the ineffectiveness of the enforcement system."
He said he and his neighbours were living with disturbances as late as 4.45am from clubgoers leaving for home, just yards from where Ward Royal residents live.
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