A FORMER restaurant taken to court because of noise issues could be turned into a new bar.

House of Luna Ltd are hoping for a premises licence to be granted by Wirral Council later this week.

The company, set up in April 2024 by mixologist and delivery driver Jacob Russell, has applied for a premises licence for 86 Banks Road in West Kirby which was previously operated by family run business 625. House of Luna is hoping to be selling alcohol and open until 11pm Sunday to Saturday.

The application will be reviewed by councillors at a meeting on September 6 though five objections have been received by members of the public who believe it will undermine the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

There are no objections from Merseyside Police, the Wirral Safeguarding Children Board and five other authorities. However Environmental Health said “music played without further sound insulation is likely to create a nuisance” based on what happened with the previous business 625.

In 2023, Liverpool Magistrates’ Court found 625 Ltd failed to comply with an initial abatement notice served by Environmental Health officers requiring them to address issues being caused by a large extraction flue attached to the rear of the property and was later fined £9,840.

According to Wirral Council, the noise was affecting the family who live in the flat above the restaurant who asked the council to investigate. Officers deemed that there was a statutory nuisance due to noise emanating from the extraction system, affecting the dining room and upstairs rear child’s bedroom.

At Liverpool Magistrates’ Court on October 12, the council said the two Directors of 625 Ltd Charlie Parsons and Stephen Carney were fined £400 for each of the three summonses that they had pleaded guilty to on behalf of the company totalling £1,200. In addition, the District Judge also directed that the company pay a victim surcharge of £640, plus a payment contribution towards the Council’s costs of investigating and prosecuting in the sum of £8,000.

The council said the judge further directed that repayment of the total financial penalty of £9,840 be made over a two-year period at the rate of £410 a month, with first payment to be made within 28 days.

Following the court’s decision, environment committee chair Cllr Liz Grey said: “Prosecution is always a last resort in cases such as this as no-one wants to see a local business hit a financial penalty. However, officers have a duty to investigate any reports that claim the operation of a business is impacting negatively on a neighbour’s quality of life.

“In this instance, the noise nuisance was proven and the business served with a notice giving them time and advice on how to put things right. Unfortunately, they failed to act in line with the terms of the abatement notice and officers had no option but to take further action through the court.

“This was good work by the Environmental Health team and proof that the council will always use its regulatory powers to support and protect residents who are negatively impacted by the actions of others.”

In December 2023, 625 announced it would be closing and by February 2023, it entered voluntary insolvency. In a post on social media, Mr Carney and Mr Parsons said: “Opening 625 was our dream for a long time, and to have the opportunity to open in West Kirby where we live was amazing.

“We wanted to create a local relaxed place for people to come and enjoy great food and drink, which we think we achieved in the main. It has been the most fantastic journey and would not have been possible without our wonderful customers, fantastic staff and the ongoing support of our family and friends and we thank you all very much.”