Agenda item

The Chairperson welcomed all those present to the meeting:

Applicant:

·       Rebecca Gibbons - Director

·       Ben Olds - Representing Joseph Dorrington (Business Partner)

Other Persons who have made written representations:

·       Councillor Jonathan Williams

·       Councillor Steve Miller

The Licensing Officer introduced the report (LR602).  The application was set out in Appendix 1 of the report and had subsequently been amended by the applicant as set out below.  In summary, the terminal hours were revised from 0100, to 0000.

·       Supply of Alcohol (for consumption on and off the premises) Sunday to Thursday 0800 to 2300 Friday and Saturday 0800 to 0000 Bank Holiday Weekends Friday to Sunday 0800 to 0000 Sunday preceding Bank Holiday Mondays 0800 to 0000 1 December to 1 January 0800 to 0030

·       Late Night Refreshment (for consumption on and off the premises) Friday and Saturday 2300 to 0000

·       Live Music (indoors only) Friday and Saturday 0800 to 0000 d. Recorded Music (indoors only) Friday and Saturday 0800 to 0000 New Years Eve 0800 to 0030 Sunday preceding Bank Holiday Monday 0800 to 0030

Four representations had originally been received from ‘Other Persons’, which was reduced to one representation following the offer by the applicant of additional conditions in relation to public safety.  These conditions (PS9 and PS10) are set out in italics on page 18 of the agenda pack. 

The remaining representation was from two ward councillors in relation to the public safety and the prevention of public nuisance licensing objectives. The representation was set out at Appendix 2 to the report.  

The Sub Committee referred to supplementary agendas 1 and 2 which were both additional information related to Appendix 4 to the report regarding the proposed roof terrace, where licensable activities were to take place.

The applicant’s representative addressed the Sub Committee, who then also asked questions of them. 

The Chairperson then invited those having submitted relevant representations to address the Sub Committee.  Ward Councillors Miller and Williams addressed the hearing. 

Upon conclusion of their deputations, the Senior Litigation and Licensing Solicitor advised that in terms of materiality, the hearing should not have regard to matters that were referred to at a parish council meeting regarding the extent of licensable activities proposed.

The Sub Committee then asked further points of clarification of Councillors Miller and Williams, and the applicant’s representative also responded to further questions from the Sub Committee.  This included clarification that the extent of licensable activities on the roof terrace would be limited only to the area of tables and chairs as shown on the plans submitted in Supplementary Agenda 2. The applicant’s representative stated that a revised drawing would be submitted to show the red line encompassing only this area.  Furthermore, condition PN13 (on page 19 of the agenda pack) could be revised to specify this and the applicant also indicated that this would be acceptable.

The Sub-Committee retired to deliberate in private.

Upon its reconvening, the Senior Litigation and Licensing Solicitor stated that that discussions in camera had agreed conditions mooted in open session and the amendment of the red line plan for the roof terrace.  As objections had fallen away, with the amended timings and conditions set out in the officer report, the application be granted.

In the closing statement, the Chairperson stated in reaching its decision the Licensing Sub-Committee has carefully considered the application, the representations made by the local residents, the local councillor and the Applicant’s evidence. It has taken into account the Council’s Statement of Licensing Policy, the Home Office Guidance issued under section 182 of the Licensing Act 2003, the duties under the Crime and Disorder Act 1998, the Public Sector Equality Duty, and the rights set out in the Human Rights Act 1998.

The Sub-Committee considered the Guidance and the licensing objective relating to public safety, and the prevention of public nuisance.

The Sub-Committee had regard to all these matters and sought to achieve an appropriate balance between the application and the likely impact on those living in the area.

RESOLVED:

The Sub-Committee has concluded that the Premises Licence should be granted with conditions, being those set out in the officer’s report at pages 14 to 20 and those as offered by the applicant in their revised operating schedule/ application (PS9 and PS10) and also a revision to condition PN13 (as shown below, with changes in bold and strike-through), in order to promote the licensing objectives it had identified as engaged.

PN13 – The premises licence holder shall install appropriate boundaries and screening around the licenced area of the roof terrace in accordance with the revised plan to be submitted to ensure privacy, preventing visibility in or out from both into nearby residences.

All parties would be formally notified of the decision in writing in due course and of their right to appeal to the Magistrates’ Court within 21 days from the date of notification of the decision.

The meeting commenced at 10.00am and concluded at 10.45am (adjourned between 10.35am and reconvened 10.42am to deliberate in private)