Content

The decision of 16th
February 2023
 
The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing has determined that having regard to the
promotion of all the licensing objectives:
 
· 
The prevention of crime and disorder;
· 
Public safety;
· 
Prevention of public nuisance; and
· 
The protection of children from harm,
 
the application for a premises licence, has
been approved in accordance with the Council’s Statement of
Licensing Policy, and conditions as set out in paragraph 8.1 of the
report:
 
· 
The hours for licensable activities
 
Outside Area Front
(shown in white on the Plan)
 
Monday to Sunday 08:00 - 21:30
 
Outside Area Right
(shown in yellow on the Plan)
 
Monday to Sunday 10:00 - 16:00
 
Live Music
 
Monday to Thursday 
08:00 - 23:00
Friday to Saturday 
08:00 - 00:30
Sunday 
08:00 - 22:30
 
Recorded Music
 
Monday to Thursday 
08:00 - 23:00
Friday to Saturday 
08:00 - 00:30
Sunday 
08:00 - 22:30
 
Late Night
Refreshment
 
Friday to Saturday 
23:00 - 01:00
 
Supply of
Alcohol
 
Monday to Thursday 
08:00 - 23:00
Friday to Saturday 
08:00 - 00:30
Sunday 
08:00 - 22:30
 
The Opening hours of
the premises
 
Monday to Thursday 
08:00 - 23:30
Friday to Saturday 
08:00 - 01:00
Sunday 
08:00 - 23:00
 
· 
The Environmental Enforcement Conditions 26 to 31 on the report
have been agreed by the Applicant 
 
And the following conditions be added to the
premises licence:
 
· 
There shall be no more than 16 people at any one time in the
Outside Area Front (shown in white on the Plan). 
 
· 
There shall be no more than 16 people at any one time in the
Outside Area Right (shown in yellow on the Plan).
 
· 
Alcohol shall not be sold, supplied, or consumed on the premises
and in the outside area front and the outside area right otherwise
than to persons who are seated and taking substantial table meals
and that the consumption of alcohol by such persons is ancillary to
taking such meals. The supply of alcohol shall be by waiter or
waitress service only.
 
· 
On a yearly basis all staff shall be given refresher training on
the legislation relating to sales of alcohol to underage persons,
drunken persons and how to deal with incapacitated by drink or
drugs. Such training shall include first aid and any welfare
training such as WAVE (or as amended). Records of the training to
be kept at the venue and made available to Police or authorised
officers immediately upon request. Any new staff will be trained on
appointment.
 
· 
No more than 5 customers at any one time may use the designated
smoking area.
 
· 
Signage to be displayed outside reminding customers to have respect
for neighbouring properties when using the outside areas.
 
Reasons for the
decision
 
The application for a premises licence has
been approved as the Licensing Sub-committee was satisfied that the
licensing objectives would not be undermined.
 
The Sub-committee took into account that the
Licensing Authority and Other Persons made representations
objecting to the application. The Sub-committee noted that the
Police and the Environmental Enforcement Service had withdrawn
their objections after agreeing hours and conditions with the
Applicant.
 
The Sub-committee took into consideration that
the Licensing Authority maintained their objection to the
application. The Licensing Authority made representations on the
basis of the original application for 2 am licence. However, the
Licensing Authority still had concerns about the local residents
and the impact on them.
 
The Sub-committee took into consideration
representations made by the local residents that they felt that the
premises was not in a suitable location and there were objections
to the use of the outside area. The local residents felt that the
applicant did not provide mitigation for the application that they
were seeking.
 
The Sub-committee heard that the applicant
operated events, architectural talks and cultural events. It was a
food lead business and restaurant conditions were agreed by the
applicant. There will be no party or dancing events.
 
The applicant made representations that
alcohol will only be served with a substantial table meal. The
Applicant made representations that they are an experienced
operator and they took the premises on because it had additional
kitchen space to assist them in making pasta and bread. The
substantial table meal condition would apply both inside and
outside of the premises. The Applicant made representations that
they are a local resident, they’ve lived in the area for over
30 years and they would be prepared to reduce the hours of use of
the outside area which they intend to close around 20:00.
 
The Applicant made representations that they
do not intend to play music in 
both of the outside areas. They will have a
maximum of 20 people eating and drinking in the front of the
premises. The Applicant contended that events held at later hours
would be inside the premises, and no noise would emanate outside.
There will not be a large number of customers leaving the premises
at the end of the evening.
 
The Applicant added that they took the lease
because it was a Class E Planning use specifically for a
restaurant.
 
The local residents made representations that
the application was confusing and not clear. It was noted that the
Applicant had amended the application.
 
The Applicant made representations that there
was no intention to mislead local residents about how the premises
would be operated. The Applicant has resided in the area for 30
years and is happy to amend the application hours. There will be no
music played in the outside area and all events will be inside the
premises.
 
The Sub-Committee decided to grant the
premises licence. They were satisfied that the premises would not
undermine the licensing objectives. They took into consideration
that there was a substantial table meal condition. The
Sub-Committee had concerns about the use of the outside area. They
took into consideration the concerns raised by local residents and
felt that the Applicant mitigated the concerns raised.
 
The Sub-Committee felt that the applicant had
met the requirements in accordance with Policies LP3 (Core Hours)
and LP6 (use of the external area). The Sub-Committee took into
account that the events would be inside and not outside of the
premises and would reduce any impact on local residents.
 
The Sub-committee felt that the Applicant had
put in place mitigating factors and conditions for operating the
premises responsibly.
 
Having taken all of the above factors into
consideration the Licensing Sub-committee was satisfied that
granting the application would not undermine the licensing
objectives.
 
Public Informatives
 
1. 
The Premises Licence Holder is encouraged to continue working with
Responsible Authorities to prevent any public nuisance or negative
impact in the area.
 
2. 
The Premises Licence holder is further reminded of the need to
operate the premises according to any current planning permission
relating to its use class, conditions and to regularise the hours
as required.
 
3. 
It also should be noted for the public record that the local
planning authority should draw no inference or be bound by this
decision with regard to any future planning application which may
be made.