A restaurant has been allowed to extend its opening hours and play music until 1am at the weekend. Kona, based on Discovery Quay in Falmouth, had applied to Cornwall Council to vary its licence.

As well as extending its opening hours and the time that recorded music can be played the restaurant also successfully removed a condition that stipulated that drinks could only be served to customers sat at tables. The application was approved by the council's licensing act sub-committee which met yesterday.

Under the changes, Kona will now be allowed to continue to play recorded music until midnight Monday to Thursday and until 1am on Friday and Saturday. In addition, alcohol can be served until midnight Monday to Thursday, 1am on Friday and Saturday, and 2am on New Year's Eve. The variations also mean that the restaurant can open until 12.30am Monday to Thursday, 1.30am Friday and Saturday, 11.30pm on Sundays and 3am on New Year's Eve.

The application to vary the licence went to the committee as there had been objections lodged by some local residents who said there had been issues with noise from the venue. They said that the application should be rejected.

However, Michelle Hazlewood, the solicitor representing the owners of Kona, told councillors that whilst there had been initial "teething problems" with music and noise from the restaurant these had been quickly addressed by the licensees.

She explained that after the restaurant was bought by the current owners they thought the sound system which had been installed by the previous occupiers was suitable and used it. However, they then realised that speakers had been installed in the ceiling of the venue which led to the residents of the apartments above the restaurant being disturbed by music being played.

After the issue was raised they removed the ceiling speakers and installed soundproofing measures in the premises including the floor to prevent noise nuisance for residents above.

Steven Forrest, who lives in one of the apartments above the restaurant, submitted an extensive objection to the application to vary the licence claiming that it would lead to public nuisance. He said that there had been numerous occasions when he had had to complain about the noise coming from the venue.

He also suggested that the restaurant was wanting the changes so that it could run as a late-night bar or nightclub. However, Ms Hazlewood told the committee that the licensees had no intention of becoming a late-night bar and wanted to keep it as a family-friendly restaurant.

She explained that they wanted to extend the hours so that diners eating later in the restaurant have more time to enjoy their evening and to have drinks after a meal. She said that at present the restaurant has to close its kitchen by 10pm which limits how many customers they can serve.

Councillors heard that as well as extending the hours of the kitchen to 11pm the extra hours could also reduce the occasions when all customers leave the premises at the same time which can cause a disturbance.

Ms Hazlewood explained that removing the condition to prevent customers from ordering drinks from the bar would also help people who wanted additional drinks whilst eating. She said that a table service would still remain in place but the condition would make it easier for customers to get more drinks.

The committee also heard that Kona had held "test events" with the extended hours through Temporary Event Notices (TENs) and these had resulted in no complaints to the restaurant or to environmental health. Ms Hazlewood said that this showed that the extended hours would not lead to public nuisance.

However, she did concede that an event held with a live band had led to complaints about noise and, as a result, there would be no more events with live bands.

The committee voted unanimously that the application should be granted saying that they had considered all the evidence and felt that the licensing objections would be achieved. Agreed conditions were placed on the licence including that sound should be monitored after 11pm; no new customers should be admitted after midnight on Friday and Saturday and that all customers be reminded to leave the premises quietly.