WIRRAL Council has rejected plans for a new wine and charcuterie restaurant over concerns it could cause noise and nuisance for people living above it.

A business called House of Luna Ltd was hoping to set up the new restaurant in an empty unit on 86 Banks Road in West Kirby.

The company, set up in April 2024 by 28-year-old former Waitrose delivery driver Jacob Russell, was hoping to turn it into a Mediterranean restaurant selling wine and beer, alongside cold mezze platters of meat, cheese, bread, and other foods. The business asked for permission to sell alcohol until 10.30pm and stay open until 11pm Sunday to Saturday.

Despite some contention over whether it would be considered a bar, Mr Russell insisted his plans were for a new restaurant. No alcohol would be sold before midday with just coffee and cake from 10am.

Legal representatives for House of Luna said it would be “a positive addition to West Kirby” and fill a hole in the market. Mr Russell said he had “ideas to bring different cultures from around Europe into this.”

He said: “I would like people to be able to enjoy a beer or a glass of wine with their food,” adding that the restaurant’s target audience would be families and couples with an atmosphere of “quiet background music where people can have chats and still be able to hear each other.”

However, Wirral Council has refused the licence off the back of noise complaints and concerns raised by two neighbours on Banks Road as well as the landlord for one of the properties. Wirral Council had taken the previous business, 625 Ltd, based at 86 Banks Road to court over noise issues who were made to pay nearly £10,000.

625 ltd had 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. This came after complaints made by a family who lived above the flat who asked the council to investigate.

The mum from the family, who asked to remain anonymous, attended a Wirral Council licensing hearing on September 6. She told councillors her current living situation was “problematic”, with a number of bars now in the area, arguing they could hear quiz nights and chatter from others nearby.

She added: “I had to make a complaint because it got too much. It brings undesirables to the area.” She added that she was worried about the same situation happening again below where she lives, adding: “Good intentions are always set out but we have fallen foul of that.”

House of Luna said they planned to spend around £30,000 on the building including £10,000 on insulation as well as £20,000 refitting the property including soft footers to chairs and tables to reduce noise. They said they were willing to work with Environmental Health to address any concerns and the insulation would reduce noise levels by 45 decibels.

Broken glass would only be disposed of between 9am and 5pm with routine collection of waste between 9 to 5. A number of conditions were agreed with the police but House of Luna had not obtained an independent acoustic report or signed a lease for the property.

Environmental Health had raised concerns due to past noise issues. However at the meeting, officer Norman Joughin said he was “quite pleased with the response with quotes and plans” believing it would likely solve any issues with background music as well as coffee machines. Insulation promised by House of Luna would reportedly lower sound levels by 45 decibels, something Mr Joughin said was “quite significant.”

He said he was happy to test how effective the insulation was once it had been installed and give technical advice if needed. Asked if the insulation could be considered adequate, the committee were told: “On the face of it, yes,” adding: “If noise is reduced by 10 decibels, that is generally perceived as halving the volume.”

However, councillors decided to reject the application for a number of reasons including the potential for future noise nuisance. A letter sent by the local authority said: “It was accepted by all parties that the structure of the building allowed noise to emanate from the premises causing a nuisance to residents.

“The sub-committee took into consideration the submissions made by the applicant that a significant investment was required to insulate the building in order to prevent noise nuisance being caused.

“The sub-committee had regard to the fact that the proposals made by the applicant in respect of the insulation of the premises had been made without the benefit of an expert acoustic report being carried out and without a detailed inspection of the premises by the company advising the applicant on what was considered to be relevant and appropriate sound insulation.

“It was of concern to the Sub-Committee that as the applicant had not yet signed a lease for the property they could not be satisfied that the applicant would be granted permission to carry out the work proposed in their submissions to address the concern raised relating to the structure of the building.

“The Sub-Committee also had concerns that they were unable to have reference to evidence that noise nuisance would not be caused to residents subsequent to the proposed works being carried out as they were advised by Environmental Health that this could only be confirmed by sound testing following the work having been completed.

“The Sub-Committee could therefore not be satisfied that the proposals made by the applicant would prevent noise nuisance being caused to residents and that the operation of the premises would not undermine the licensing objective of the prevention of public nuisance.”

House of Luna has the right to appeal the decision to Wirral Magistrates Court within 21 days.