Purpose

Application considered:

The Licensing Sub-Committee (“the Committee”) considered an application (“the Application”) for a Premises Licence for 4 North Brink Bar and Rooms, Wisbech PE13 1JR (“the Premises”) by Northbrink Bar & Rooms Limited (“the Applicant”).

The Application seeks to provide the following Licensable Activities:

• Sales of Alcohol
• Live Music
• Recorded Music

The Application has received relevant representations from Other Persons. Those representations have not been withdrawn, and the Committee must determine the Application.

Law and guidance considered:

In reaching its determination, the Committee considered:

1. The Licensing Act 2003;

1. The Secretary of State’s Guidance issued under Section 182 of the Licensing Act 2003;

1. Fenland District Council’s Statement of Licensing Policy;

1. All evidence presented both orally and in writing for and against the Application; and

1. Any legal advice (as set out below) provided to the Committee by its Legal Adviser.

Legal advice provided:

The Committee were reminded of the Licensing Objectives and that each objective carries equal weight.

The Committee were reminded of their options as regards determining applications, namely:

• To grant the application for a Premises Licence
• To grant the application for a Premises Licence modified to such an extent as the Committee considers appropriate and proportionate for the promotion of the Licensing Objectives
• To exclude from the scope of the licence any of the Licensable Activities applied for
• To refuse to specify a person as the Designated Premises Supervisor
• To reject (refuse) the application.

The Committee were reminded that they must have regard to the Council’s policy in respect of these types of applications, that the overarching legislation is the Licensing Act 2003, and that the Committee must have regard to the Section 182 Guidance.

Matters found to be irrelevant in this case:

Matters of crime and disorder that would fall outside the control of any reasonable Premises Licence Holder.

Decision

Decision:

To GRANT the application for a Premises Licence modified as follows:

Opening hours – from 09:00 to 00:00 each day for members of the public or persons attending a pre-booked event. Unrestricted for hotel residents and their guests.

Sales of Alcohol (on and off-sales) – from 09:00 to 23:30 each day to members of the public or persons attending a pre-booked event. From 09:00 to 02:00 the following day for hotel residents and their guests.

Recorded Music (indoors only) – from 23:00 to 02:00 the following day

Live Music (indoors only) – from 23:00 to 00:00

Subject to a revised operating schedule as follows:

1. Prior to Licensable Activities taking place at the Premises, the Premises Licence Holder shall serve on the Licensing Authority a revised Licensing Plan that shows the area to be used for Licensable Activities including the proposed separation between the rear customer area/smoking area (adjacent to the toilets) and the rear service area/car park (adjacent to the bin store and below). This plan is also to disclose where the Designated Smoking Area is.
2. The Premises Licence Holder will establish a Designated Smoking Area for use by customers. The Premises Licence Holder will ensure that the Designated Smoking Area is monitored to ensure that no nuisance is caused. The Designated Smoking Area will be limited to no more than six (6) persons between the hours of 23:00 and 09:00 the following day.
3. The Premises Licence Holder will install a noise limiting device on any musical amplification system in use at the Premises. The noise limiting device must be set at a level that ensures nuisance is not caused to hotel residents or residential neighbours. The noise limiting device shall be secured by key or password with access only permitted to persons authorised by the Premises Licence Holder. No additional musical amplification systems shall be used at the Premises unless routed via the noise limiter.
4. The Premises Licence Holder shall install and maintain a comprehensive digital colour CCTV system. The CCTV system shall:
5. The Premises Licence Holder shall ensure that a member of staff is present at the Premises at all times that Licensable Activities are provided and at all times members of the public remain at the Premises who is conversant with the operation of the CCTV system. That member of staff must be able to provide Responsible Authority Officers with viewing of CCTV footage with the absolute minimum of delay when requested and provide Responsible Authority Officers with copies of requested CCTV footage within at least 48 hours of a lawful request.
6. The premises licence holder will ensure that a digital CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document regarding installation of CCTV systems. (https://scanner.topsec.com/?d=1978&r=show&u=www.ico.org.uk&t=5feca590b1e9986d6f0bce562b536df3967d4047)
7. Documented written / online records of training shall be completed and kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 monthly intervals. Training records shall be made available for inspection upon request by Responsible Authority Officers. Training shall include (as a minimum):
8. The Premises Licence Holder shall ensure, by the completion of a risk assessment, that the provision of door supervisors (SIA) at the premises is appropriate to ensure the safe control of the premises, and shall review this on a regular basis or upon request from the Police and/or the Licensing Authority.
9. When engaged, a record (Including name, SIA Badge number, contact details) of the SIA Door Supervisors employed shall be kept for a period of 12 months and be made immediately available upon request of a Responsible Authority.
10. A log (which may be electronically recorded) shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the Responsible Authority officers upon request.
11. An incident Record will be kept at the premises which details all incidents of concern that occur on the premises. This record will include the date and time of the incident, a description of the incident & customer, the name of the staff member who dealt with the matter, Police reference Number if given. All entries will be made within 24 hours of the incident. The record will be made available for inspection upon request by an officer of a Responsible Authority.
12. The Premises Licence Holder shall maintain written delegated authority from the Designated Premises Supervisor to named members of staff. The written delegated authority shall be available for inspection by Responsible Authority Officers upon request.
13. The Premises Licence Holder shall risk assess the need for alcoholic drinks to be sold in non-glass containers for specific events at the Premises.
14. The Premises Licence Holder shall ensure that any glassware is cleared away promptly at all times that glassware is in use at the Premises.
15. The Premises Licence Holder shall ensure that all off-sales of alcohol are in sealed containers only and not consumed either in or immediately outside the Premises.
16. The premises licence holder and/or designated premises supervisor shall ensure that any outside area included in the licence will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside area has on the surrounding community.
17. The Premises Licence Holder shall ensure that the demarcation between the rear customer area/smoking area and the rear staff area/car park is clearly shown and maintained.
18. The Premises Licence Holder shall not place speakers in any external customer area or staff area.
19. The Premises Licence Holder shall devise, implement, and thereafter maintain a Noise Management Policy for the Premises. The Noise Management Policy shall deal with musical entertainment at the Premises, as well as details of the noise limiter. The Noise Management Policy shall also deal with customer dispersal from the Premises to ensure that nuisance is not caused to hotel residents or persons living in the immediate vicinity.
20. Prominent, clear notices shall be displayed at all exits and in outdoor areas requesting customers and staff to respect the needs of local residents and leave the premises and the area quietly
21. The Premises Licence Holder shall ensure that all windows and doors leading from the Premises to external areas are kept closed between 23:00 and 09:00 the following day, save for access and egress of persons.
22. The Premises Licence Holder shall ensure that windows and doors leading from the Premises to external areas are not propped open by customers and are closed promptly by staff if they are. A notice shall be displayed on or near to each door reminding customers that doors must be kept closed between 23:00 and 09:00.
23. The Premises Licence Holder will ensure that the Premises operates a Challenge 25 age verification scheme where the only acceptable forms of identification shall be photographic ID such as passports or driving licences, as well as cards bearing the PASS hologram.
24. Children (under 18) shall only be permitted in the Licensed Area in the company of an adult.
25. With the exception of hotel residents and their guests, and persons attending a pre-booked event, children (under 18) shall not be permitted in the Licensed Area between 21:00 and 09:00 the following day.

1. Cover all public areas of the Licensed Premises (except toilets)
2. Cover all public entry and exit points to ensure that persons entering can be identified in any light condition
3. Continuously record whilst the Premises are open for Licensable Activities and at all times that members of the public are present at the Premises.
4. Shall retain CCTV footage for a minimum of 31 days with date and time stamping.

1. Responsibilities under the Licensing Act 2003
2. Relevant Age restriction in respect of alcohol sales i.e. Challenge 25
3. Recognising signs of drunkenness, refusing service
4. Actions to be taken in an emergency / Reporting an incident to Emergency Services
5. Crime scene management
6. Drugs Policy
7. Safeguarding (children & Vulnerable Persons)
8. Spiking
9. Suspicious Packages
10. VAWG (violence against Women & Girls) preventative training.

Reasons for reaching the decision:

The Committee heard from the Licensing Officer that the Applicant had agreed to modify their application to remove the request to provide Live and Recorded Music outdoors altogether. The Committee welcomed that amendment as sensible as that was an area of significant concern for the Other Persons and the Committee.

The Committee heard from the Applicant regarding the Application. The Applicant explained that the proposed operation was a hotel and that the bar would be ancillary to the hotel operation. The Applicant explained that they would host various events at the hotel, but that these would be low-key in nature. Counselling retreats were cited as an example.

The Applicant explained that they did not require the entirety of the external area as shown on the Licensing Plan for Licensable Activities and that they would be happy to restrict customers to a smaller area ending at the end of the customer toilets. The Applicant explained that they would need access to the area beyond the customer area for staff and fire safety, which the Committee understood and acknowledged.

Given that the Licensing Plan includes areas that are now no longer to be used for Licensable Activities the Committee determined to impose a condition that the Applicant (Premises Licence Holder) serve a revised plan on the Licensing Authority clearly showing which areas will and will not be customer areas, as well as where smoking will take place.

The Committee welcomed the Applicant’s commitment not to have entertainment outdoors, but felt that, on balance, disturbance from music noise from within the Premises was a possibility both to hotel guests and persons nearby. On that basis, the Committee imposed a condition that the Applicant install a noise limiting device on the musical amplification system at the Premises. The Committee did this to promote the prevention of public nuisance licensing objective. Additionally, the Committee will require the Applicant to have a Noise Management Plan for the Premises. Again, this was felt to be appropriate and proportionate to the licensing objective and to address the concerns raised by Other Persons. The Committee appreciate that the Licensing Act 2003 contains a mechanism to review Premises Licences but wished to ensure that problems are prevented before occurring.

Having reviewed the conditions agreed with the Police Licensing Officer, the Committee found that several of those conditions were unnecessary and/or duplicated existing legislation. The conditions have been significantly reworded to ensure that the conditions on the Premises Licence are enforceable and in accordance with the Section 182 Guidance.

Regarding the hours of operation, the Committee felt that to address the concerns regarding public nuisance and to maintain use of the bar as ancillary to the hotel operation, modifications to the hours (as set out above) were appropriate and to ensure access to the bar, after a certain time, to hotel residents and their guests only. The Committee felt that restricting access to members of the public beyond midnight would assist in promoting the prevention of public nuisance licensing objective and ensure that nuisance would not be caused to hotel guests or the wider public.

Right of appeal

Any party aggrieved by the Committee’s decision may appeal that decision to the relevant Magistrates’ Court. Such appeal must be made under Section 181 of, and Schedule 5 to the Licensing Act 2003. Appeals are by way of a complaint to the Magistrates’ Court and must be made within 21 days of the Committee’s written decision (this decision) being provided.