I FIND it outrageous that bar and nightclub owners should think Weymouth and Portland Borough Council’s new sitting-out policy is a threat to café culture.

Not only do these people have no concept of what café culture is, they are themselves the root cause of many night-time problems within the town.

A European style café culture is where, in ‘relaxed ambience, coffee is consumed – hence the name – good quality food eaten and stimulating conversation takes place.

The reason that some establishments demand sitting-out through the night-time is to provide tax-payer funded smoking areas.

Visitors this summer, once they have sidestepped the vomit, received verbal abuse and fought their way through a tide of alcohol fuelled anti-social behaviour, will report that night-time Weymouth is a place to avoid at all costs.

The council must bring the situation under control and the issuing of sitting-out licences after 11pm must be the rare exception.

Failing that the law will assist any resident disturbed by these establishments.

a) The Environmental Protec-tion Act 1990 places a duty on local authorities to inspect areas for nuisance, to investigate complaints, and to take enforcement action. The Act also allows complaints direct to the magistrates court.

b) The Noise Act 1996, as amended, sets strict low levels of permitted noise from licensed premises from 11pm to 7am.

c) The Human Rights Act 1998 compels local authorities to comply with the Convention for the Protection of Human Rights and Fundamental Freedoms (1950). Within Article 8 (right to respect for family and private life), the European Court of Human Rights recognises the right to peacefully enjoy one’s private space free from unwelcome interference and has clearly stated that environmental factors such as noise, smell and pollution amount to an infringement.

On these grounds the liqueur, music and sitting-out licences of any offending establishments will be overturned, financial penalties and damages applied – and the council forced to change direction.

NAME SUPPLIED Weymouth