The owners of a Lancashire bar accused of failing to tackle music disturbance and bad customer behaviour say it could close if late-night hours for DJs and live acts are cut.
Jabber and Naseem Khan of The Aviary, in Whalley, say they have spent thousands on new sound-control equipment and insulation to cut the noise impact on neighbours.
Some locals say their lives have been ruined by noise and police say the venue has effectively become a nightclub, unsuited to a residential area with terraced streets.
The Aviary was the focus of a premises licence review at Ribble Valley Council this week, attended by owners Jabber Khan and Naseem Khan, with Chelsea Chard, the designated supervisor.
The Queen Street business began as a bistro with dining and background music, but now it has dancing, DJs and live acts including drag artists.
Critics say its location inside a Victorian building, a former Conservative club, simply cannot contain loud music.
Councillors can take a range of licensing actions, including restricting the hours for amplified music and removing Miss Chard as supervisor, if they wish.
Jabber Khan said: “If we have to stop amplified music earlier at 11pm, it will close the business.
"The 11pm to 1am period is our busiest time. I really want councillors to think about that.”
Complaints from residents began in 2021 and have continued, but Jabber Khan said: “I feel some comments make us sound a lot worse than the reality.
"We do not have any fighting, which is common in other licensed premises. There are also reports of vomit and urine on the street.
"But there is another busy venue nearby. We are not responsible for their customers. We also stop taxis from driving down Queen Street. We’re doing the best we can.
“Yes, we understand the noise issues and we want to work with people on this. Our old sound monitor did not measure bass levels.
"But we have a new limiter which cuts the sound, if bass goes over a certain level. You are welcome to see it.”
Mark Hindle spoke as a Whalley councillor and said he had received complaints from residents over years.
He said: “I have to balance residents and businesses’ needs, and I accept the night-time economy is important.
“This is obviously a profitable business model but people say it’s in the wrong place.
"We’ve heard today that you can be amenable, but over the years there have been problems with communication and apparently a failure to engage.”
Mr Khan replied: “I understand this is not ideal for all the residents. But we also get some customers who live on the street.
"They must enjoy it because they keep coming back, but I am more than happy to open dialogue again.”
Regarding customer behaviour, Naseem Khan said: "We operate a staggered leaving system so there is no big crowd all at once.
"We also ask people to smoke at the top of the street, away from residents’ houses.”
But he added: “What about the club next door? Will they be the next target?” He was referring to Alta, in Accrington Road.
Environmental health officer Andrew Dent said sound measurements were taken near The Aviary over the winter of 2025-26 and bass levels were a key problem.
One reading measured the sound energy level, the movement of sound vibrations through the air, as 252 times above the recommended limit.
Supervisor Chelsea Chard said: “Our new sound limiter cannot be tampered with by DJs or anyone else.
"It will be fixed, and Mr Dent can come any night to inspect it.”
Residents who spoke included Melissa Blane, who said : “I’ve lived in the area since 1967 and I like a bit of hustle-and-bustle in Whalley. I live near Alta.
"But things changed when the old Conservative club got a wine bar licence a few years ago. Since then, long-term noise nuisance has had a profound effect.
“Hearing the thumping bass beat has been torture – and I use the word deliberately and honestly. It’s like an ear-worm burrowing into your head.
"Long-term sleep deprivation destroys your life, you cannot function.”
Susan Paramore added: “In the early days, the management promised a bar with meals and music, and respect for the community, but they broke their promises.
"We hear customers shouting and screaming, and we’ve seen fights too. We can’t open our windows because of the noise, even on hot summer nights.”
Police Sergeant Stephen Dundon said police had received 71 reports linked to The Aviary since 2023, but did not suggest fighting or serious crime.
The issues were noise disturbance and low-level anti-social behaviour.
He said: "Jabber has conceded that door staff get abuse when asking customers to be quiet or not smoke.
"Despite all the interactions, police say there is a sustained problem with music noise, customer behaviour and the management of customers leaving.
“We acknowledge The Aviary has made some changes, but we have limited confidence that they can address the issues.
"Councillors need to take robust action. The police say Queen Street is not a place for a nightclub, so we need to consider limits to deal with these issues, once and for all.”
Councillors were recommended to consider reducing the hours for amplified music and potentially removing Miss Chard from the supervisor role.
They will announce their decision in five days and anyone wishing to appeal will have 21 days.
Cllr Ian Brown, the main licensing committee chair, has spoken publicly about The Aviary at previous council meetings so did not take part in the review.
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