In her submission, Toi Te Ora medical officer of health Dawn Meertens said she believed a Class 1 license could remove the focus from dining, where noise was minimal, to "drinking only" after meal time, increasing potential noise and nuisance for neighbours. She opposed the variation to the licence.
Western Bay of Plenty police alcohol harm prevention officer Dan Roser submitted that while police did not oppose the renewal of the original licence, it opposed the application to extend the hours and referred to Hide's "lengthy history" with noise-related issues.
Hayward told the hearing there was no evidence to back up most of the residents' objections, many of which referred to incidents before Hide's current licence period of two years, which was coming to its end.
"We haven't had live music for the last two years," he said.
Hayward, who also runs Brew Co on Maunganui Rd, said Hide would not be having live music in the future which should help appease neighbours.
"It will be all in-house music, no DJs, no bands," he said.
"Brew Co was subject to numerous noise complaints and I built a very strong and working relationship with neighbours. This shows we can work with our neighbours and surrounding community."
Hayward listed other licensed venues in the same area that were the subject of many more complaints than Hide.
"Mount Social Club had nearly 50 complaints... the District Licencing Committee renewed their licence," Hayward said.
"We haven't had sound complaints since March 2020."
Hayward said they had made "multiple attempts" to manage noise and this included installing a large plastic enclosure that surrounds its outdoor seating area. However, he conceded there was no guarantee the covering reduced noise but it was expected to.
Committee chairman Murray Clearwater said: "That's the elephant in the room isn't it - the management of it."
Long-time resident Julene Foster told the hearing she had jumped out of bed three times in the past year after hearing "girls shrieking or screaming" and found these people were likely intoxicated rather than in any peril.
She said she had also found urine, broken bottles and at one point an intoxicated man drinking on her steps.
"I've been directly affected by Hide's operation since the day it opened. I'm still hearing public noise. This presents sleep interference which is affecting my health," Foster said.
When asked by Hayward if she could remember previously telling him there were no real problems, she said she didn't want to talk to him at that time.
Isabel Goodall said her tenants, who were direct neighbours to Hide, said they were happy with the way things were for now but did not want hours extended.
Angela Grace said she and her husband bought their neighbouring property about five years ago because of the "good, family vibe" at the Mount. While she accepted this included restaurants, the constant "chitter-chatter" of people talking until 10pm was breaching the peace of her home. She took comfort in knowing any noise would stop at 10pm.
She said she did not think Hayward cared for the impact on surrounding residents such as herself.
"Basically, my husband and I are strongly opposed to any extension of hours. The current compromise [of hours until 10pm] is working well," Grace said.
The committee has reserved its decision, which is expected to be released within 30 days.
