MAGISTRATES have sparked the fall of the Roman Empire by calling time on a £1 million scheme to create Burnley's largest pub in a decaying former theatre.

Former nightclub owner Michael Cookson wants to convert the Empire Theatre, St James Street into a venue for 1,500 people.

But he was refused a provisional pub licence by licensing magistrates at Reedley Court and ordered to pay undisclosed costs.

Mr Cookson, 37, of Priory Street, Burnley, hopes to transform the listed building into a massive theme pub called the Roman Empire which would feature a cinema-sized screen and a diner to cater for lunchtime customers on the second floor.

But the scheme was opposed by a long-serving town centre publican and club owner, the police and Burnley Light Opera Society which wants to use lottery cash to restore the theatre to its former glory.

Mr Cookson entered into an agreement with Northern Leisure when it bought Burnley clubs Panama Joe's and Mean Cat Daddies from him earlier this year barring the businessman from opening a nightclub within three years of the deal.

But the barring order does not stop him from opening a pub as long as it only opens until 11pm and does not have live entertainment or dancing. Mr Cookson told the court he had no intention of opening another nightclub. He said his wife was expecting a child and he had no desire to work until the early hours of the morning.

He told the magistrates he wanted to create a pub for over-21s who wanted a quiet night out. He said the Roman Empire would be an upmarket theme pub unlike any other in the area which would employ up to 40 people.

He argued there was a need for another pub in the town centre. "I walked through Burnley centre on Saturday night and there was a queue outside every public house," he said.

But Gordon Atkinson, who runs Yorke House Nightclub, said the town had reached saturation point for pubs.

Inspector John Grice, of Burnley police, told the court: "My real fear would be that new licensed premises are only going to lead to further stretching of the resources of the police."

The opera society has launched a £10,000 feasibility study into the possibility of restoring the listed building and the preliminary results are expected within two months. The theatre would have between 800-1,000 seats and provide facilities for visiting provincial theatre companies not available anywhere else in the town.

Colin Sanderson, the society's chairman, said the theatre would be run by a team of professionals. The restoration would cost at least £4.4 million with 80 per cent of the funds coming from a lottery grant if an application was successful.

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