An immediate neighbour claims the use is forbidden under the terms of the lease for the Crown Square building.
He told a licensing panel that residents had moved in expecting peace and quiet only to find an application being made to Dorset Council for a wine bar licence below them.
The business behind the application claimed the reference to a wine bar in the application for a Premises Licence had been a mistake and all that was required was to offer drinks at art event openings and private hires, on no more than 40 times a year with up to 70 people attending.
The application had been made by Mr Angelo Fichera for Unit A, Market Hall, Crown Square, which is now trading as The Crown Square Gallery.
The application said that, on occasion, the business might also use the portico outside its front door for entertaining.
Resident Mr Nigel Swettenham told councillors deciding the licence application that the area was directly beneath his apartment balcony which was likely to create noise and smoke, disturbing him, his wife, and the residents of five other apartments. He said the ceiling of the gallery was, effectively, his floor.
He told the licensing hearing at County Hall that others, including the landlord, had objected to the licence being granted on the grounds of public nuisance.
Gallery director Mr Tony Hannan told the licensing panel that the venue, which he described as ‘prestigious’ attracting high-end clients, had no intentions of becoming anything like a wine bar – wanting only to offer a glass of wine or beer at openings which might, occasionally, be accompanied by piano or violin music.
Mr Swettenham said the conditions of the building lease did not envisage anything like the use for the unit which was being suggested: “The lease says its use should be limited and to not include the serving of alcohol,” he told the licensing panel.
He said he had objected to the licence application because he and other residents did not want to have to take legal action to ensure the conditions of the lease were complied with.
“Much rides on this – the future wellbeing of residents who chose to buy homes in Poundbury because of the peaceful environment free from the noise, nuisance and potential trouble which plague the average High Street,” he said.
Mr Swettenham told the hearing that he was ‘astonished’ that a wine bar, nearby, had already been allowed.
Mr Hannan told councillors that he hoped the gallery would attract more people to Crown Square where, he said, most businesses currently appeared to be struggling.
The licensing panel is expected to announce its decision on the licensing application within the next five working days, which will then be reported.