Decision

RESOLVED:

The decision

The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of the licensing objectives:

·  The prevention of crime and disorder

·  Public safety

·  Prevention of public nuisance

·  The protection of children from harm

The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing and the proposed conditions set out in paragraph 8.1 of the report.

·  The hours of licensable activity

Recorded Music

Monday  23:00 - 23:30

Tuesday.  23:00 - 23:30

Wednesday  23:00 - 23:30

Thursday  23:00 - 23:30

Friday  23:00 - 02:00

Saturday  23:00 - 02:00

Sunday  23:00 - 23:30

Non-Standard Hours Any Sunday immediately preceding a  Bank Holiday Monday: 23:00 - 02:00

Late Night Refreshment

Monday  23:00 - 23:30

Tuesday.  23:00 - 23:30

Wednesday  23:00 - 23:30

Thursday  23:00 - 23:30

Friday  23:00 - 02:00

Saturday  23:00 - 02:00

Sunday  23:00 - 23:30

Non-Standard Hours Any Sunday immediately preceding a Bank Holiday Monday: 23:00 - 02:00

Sale of Alcohol

Monday     11:00 - 23:30

Tuesday.  11:00 - 23:30

Wednesday  11:00 - 23:30

Thursday  11:00 - 23:30

Friday  11:00 - 02:00

Saturday  11:00 - 02:00

Sunday  11:00 - 23:30

Non-Standard Hours Any Sunday immediately preceding a Bank Holiday Monday: 23:00 - 02:00

The opening hours of the premises

Monday    11:00 - 00:00

Tuesday.  11:00 - 00:00

Wednesday  11:00 - 00:00

Thursday  11:00 - 00:00

Friday  11:00 - 02:30

Saturday  11:00 - 02:30

Sunday  11:00 - 00:00

Non-Standard Hours Any Sunday immediately preceding a Bank Holiday Monday: 11:00 - 02:30

·  Proposed conditions 42, 44 and 45 are not attached to the premises licence due to the existence of primary legislation relating to street furniture and other highway obstructions.

·  Amend condition 35 to read as follows:

"The ground floor and outdoor tables shall operate as a restaurant (i) in which customers are shown to their table (ii) where the supply of alcohol is by waiter or waitress service only (iii) which provides food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non-disposable crockery"

·  Amend condition 37 to read as follows:

" No entry or re-entry to the premises after 01:30 by members of the public"

And the following additional condition to be added to the premises licence:

·  No vertical drinking on the premises.

·  The Premises Licence Holder shall submit a written dispersal policy to the Licensing Authority. The dispersal policy shall be implemented at the premises. All staff shall be briefed on this dispersal policy. A copy of the policy shall be kept on the premises and shall be produced to a police officer or other authorised officer upon request.

Reasons for the decision

The application for a premises licence has been approved as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined. 

The Sub-Committee took into account that the Environmental Protection Service made representations on the conditions on the premises licence.

The Sub-Committee noted there were no other representations from other Responsible Authorities.

The Sub-Committee took into consideration that there were 2 objections from Other Persons (local residents on behalf of local residents) on the grounds of the four licensing objectives in particular public safety and crime and disorder.

The Sub-Committee considered the local residents' representations that the tables and chairs are consistently placed in such a manner that they partially or entirely obstruct the tactile paving and barriers are placed there to provide a place for smoking patrons. Also late at night barriers are installed on and obstruct the tactile paving. There is a need to keep the tactile paving free, to enable blind and visually impaired pedestrians to navigate the footway. It was noted that staff remove the tables and chairs temporarily and then return them onto the tactile paving. Local residents felt this was very frustrating and potentially dangerous.

The Sub-Committee took into account the local resident's concerns about food not being offered, concern about the hours going beyond Policy LP3 (Core Hours) and proposed conditions not including a Dispersal Policy. The Sub-Committee noted that the local residents had no confidence in the premises.

The Sub-Committee took into consideration the representations made by the Millar Terrace Residents Association relating to the use of the area outside of the premises.

The Sub-Committee took into account the Premises Licence Holder’s representations that the premises want to be food and drink led. The Premises Licence Holder tried to improve the site. The Sub-Committee heard that the entrance to the front of the premises had a full food menu with cocktails and table service. There was a lounge bar on the ground floor with seated patrons. The rear entrance is an emergency exit only and SIA security is used. The Premises Licence Holder advised that the disability group did not respond when contacted. 

The Sub-Committee took into consideration after hearing the representations

that there are concerns about public safety with use of the area of the street with tables and chairs in front and from the premises. In addition there were

concerns about capacity, and vertical drinking at the premises. The Sub-Committee decided to reduce the hours on Friday and Saturdays.

The Sub-Committee noted the concerns with no dispersal policy and that the Premises Licence Holder needed to be more proactive and engaging with local residents. The Sub-Committee took into account that the Premises Licence Holder agreed to a dispersal policy condition.

The Sub-Committee noted that condition 20 deals with contact details of the Designated Premises Supervisor; these should also be on display at the premises if local residents want to contact the premises with concerns.

The Sub-Committee took into consideration the representations from the disability group regarding the obstruction of the pavement, and the importance of keeping the pavement outside the premises clear and safe for members of the public particularly those with disabilities.

The Sub-Committee felt the Premises Licence Holder has shown a willingness to work with the local residence and the Responsible Authorities.

The Sub-Committee was satisfied that the application would not undermine the licensing objectives and would not have a negative impact on the area. 

Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting the premises licence the licensing objectives would not be undermined.

Public Informative

1. The Premises Licence Holder is advised to undertake staff training including: Hackney Nights, Ask For Angela, WAVE training and other training to ensure that the premises operate safely and responsibly.
2. The Premises Licence Holder is strongly encouraged to use sustainable cutlery, plates, cups, food containers, and recyclable disposable materials to avoid using single-use plastic disposable items.