STUDENTS are renowned for their partying, but some undergraduates at Durham University have broken the stereotype by complaining about the music from a restaurant.

Restauranteur Fabio Ciampolillo likes to provide recorded music and live jazz for the customers of La Spaghettata, in Saddler Street, Durham City.

But councillors have ordered him to turn the volume down and turn the music off earlier.

Mr Ciampolillo applied for a variation to his premises licence to allow live and recorded music and dancing at his restaurant until 2.30am, seven days a week.

Durham County Council’s licensing sub-committee heard the premises had had a drinks licence for 16 years and that Mr Ciampolillo thought he could play music without seeking a licence variation because music was incidental to his core business.

His solicitor, Tim Gregory, said he only realised he needed permission when students living in nearby flats complained about the level of noise in the early hours – some said they heard it as late as 3.30am, although Mr Ciampolillo disputed this.

The sub-committee heard that some students worried that disturbed sleep could impact on their studies.

Liam-Matthew O’Brien, of Moatside Mews, wrote to the council: “The levels of noise that come from Fabio’s are frankly unbearable.

“Being a finalist, the need for a peaceful and work-constructive environment is paramount, yet is almost impossible when you have music playing until 2.30am on occasion.

“Living in these conditions has proved extremely difficult with one of my housemates’ work suffering through lack of sleep. The music has continued despite the fact that the licence is currently under application.”

Mr Ciampolillo told councillors he would work with council environmental health officers to ease the problem.

He also denied suggestions that some people regarded it as a “nightclub” saying he had no plans to change his business from a restaurant.

The sub-committee said that a noise limiter must be installed and that the music must stop at midnight Sunday to Thursday and at 1.30am on Fridays and Saturdays.

It also ordered that no bottles be put in bins between 11pm and 7am and said windows and doors must be kept shut when music is playing.