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RESOLVED:
 
The decision
 
The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing today 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;
· 
The protection of children from harm;
 
the application to vary a premises licence has
been refused in accordance with Licensing Policies LP1, LP2, LP3,
LP4 and LP12 within the Council’s Statement of Licensing
Policy.
 
Reasons for the
decision
 
The Licensing Sub-committee, having heard from
the Licensing Authority and 3 Other Persons (local residents and a
Ward Councillor), believed that granting the application would
result in the licensing objectives being undermined. 
 
The Sub-Committee took into consideration that
there were three representations received on behalf of local
residents on the grounds of the four licensing objectives, and due
to the impact it would have late at night.
 
The Sub-Committee took into account the
representations made by the Licensing Authority that the premises
is close to a residential area. The
Licensing Authority made representations that the extended hours
being sought are beyond policy LP3 hours, and could lead to noise
nuisance late at night. It was noted that the premises are in an
isolated location with limited public transport links. This results
in the customers accessing the premises by motor vehicle or
taxis.
 
The Sub-Committee heard representations from
the Ward Councillor supporting local residents, and made
representations that the premises should not have later hours than
they already have due to the impact on the area if they are
extended. The Ward Councillor made representations that the
extended hours would lead to antisocial behaviour and noise
nuisance which would impact local residents on Wick Road and in
Cadogan Terrace. The Sub-Committee
heard from Councillor Webb that conditions being added to the
premises licence would not resolve the issues affecting local
residents.
 
The Sub-Committee took into consideration
representations made by local residents of Cadogan Terrace who advise that when the premises
operate late at night it leads to noise nuisance in the street. The
noise of shouting and car doors slamming affects local residents
late at night when they are trying to sleep.
 
 
The Sub-Committee took into account that the
premises are currently open until 00:30, and felt later hours would
cause a disturbance to local residents.
 
The Sub-Committee felt that the proposal for
SIA security to be arranged for 30 minutes after closing will not
resolve the nuisance issues that have been raised by local
residents. The Sub-Committee was not satisfied that there were
measures to address the objections raised, and felt that extending
the hours would negatively impact the area.
 
The Sub-Committee considered the
representations made by the Premises Licence Holder’s Agent
and the Premises Licence Holder. The Sub-Committee noted that the
premises were transferred to the current premises licence holder in
January 2025.
 
The Sub-Committee noted that the Premises
Licence Holder did not allay the concerns raised by the local
residents.
 
The Sub-Committee was not persuaded that the
licensing objectives would not be undermined and there were no
mitigating factors to overcome the concerns of local residents. The
Sub-Committee noted that the Premises Licence Holder is an
experienced operator. However, it felt that the hours were not
reasonable for the area.
 
The Sub-Committee took into consideration when
refusing this application that each case is considered on its
merits. The Sub-Committee believed that the licensing objectives
could not be promoted by granting this application to vary a
premises licence, and as such believed it was appropriate to refuse
the application in its entirety.
 
Public
Informative
 
The Premises Licence Holder is 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.
 
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.