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 were approved as set out in the report.

·  Amend condition 29 to read as follows:

"The external courtyard area will be closed at 23:00. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call in the external courtyard shall be limited to (20) persons".

·  Amend condition 30 to read as follows:

"Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall be limited to (10) persons on Mentmore Terrace after 23:00". 

·  And add the following condition to the premises licence:

The Premises Licence Holder shall hold 4 liaison meetings and publish each year (at least every 3 months) with local residents to address any concerns or complaints about the premises.

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 consideration that the premises would be used for events and hospitality and the Applicant is an experienced operator. The Sub-Committee took into account that the Applicant agreed conditions with the Responsible Authorities including Environmental Protection and there were no other representations from the Responsible Authorities. It was noted that the premises had operated under temporary event notices.

The Sub-Committee heard representations from the Applicant that there were no deliveries outside and they monitor the customers to prevent disturbance to the local residents. It was noted that dispersal from the premises is staggered towards Mare Street.

The Sub-Committee took into account 16 representations from Other Persons (11 local residents) objecting to the application on the grounds of public safety and prevention of public nuisance. The Sub-Committee took into account 5 local residents who were in support of the application. The Sub-Committee heard representations about condition 29 that allows 30 people outside to smoke on Fridays and Saturdays. The Sub-Committee noted that Mentmore Terrace is near a residential area. The local residents that objected felt there is a need to reduce the number of people outside on Fridays and Saturdays because it was causing a nuisance. The Sub-Committee heard representations that the premises is alcohol led. Also there was a lack of clarity on what was being offered at the premises.

The Sub-Committee took into consideration the representations of two Residents Associations in the area about the noise disturbance and the impact on local residents late at night. In addition to tail gating into residential blocks and security issues.

The Sub-Committee noted that there are smoking areas both at the front and at the rear of the premises with a large number of customers allowed outside at night. The local residents contended that children are being affected by the late night noise, disturbance, and are unable to sleep. The local residents felt that antisocial behaviour was impacting their residential area.

The Sub-Committee was satisfied that the Applicant had engaged with the Responsible Authorities. The Sub-Committee felt that 45 people outside at any one time would cause disturbance late at night to local residents. The Sub-Committee wanted the Applicant to increase their engagement with local residents to deal with any issues that may arise.

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.