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. 

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

·  The Premises Licence Holder to display a notice to customers “leave the premises quietly and to consider local residents”. 

Reasons for the decision

The application for a late night refreshment 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 this is an application for late night refreshment seeking hours from 23:00 hours to 01:00 on a Thursday and 23:00 hours to 02:00 on Fridays and Saturdays.

The Sub-Committee took into consideration that the Applicant agreed conditions with the Environmental Enforcement Team and the Police who withdrew their objections. However there was an objection from the Licensing Authority on the grounds of prevention of public nuisance. The Sub-Committee noted there were no other representations from the other Responsible Authorities.

The Sub-Committee took into consideration two written representations from Other Persons (local residents) on the grounds of the four licensing objectives.

The Sub-Committee took into consideration that the premises will not sell

alcohol and they will have no deliveries. The premises is primarily for the sale of hot food and the Applicant made representations that they had complied with conditions required such as to display notices asking customers to leave the premises quietly. The Applicant made representations that they installed ashtrays.

The Sub-Committee took into account that the Applicant made representations that they will comply with the operating hours as agreed with the Police on the report. The Applicant also made representations that they will ensure that the litter conditions are complied with.

The Sub-Committee took into account representations made by the local residents that they have concerns about the pathway outside and any inappropriate bikes on the footway which needs to be kept clear for the safety of the passing public particularly disabled access.

The Sub-Committee took into consideration that there were already other late night venues in the area. The Sub-Committee had concerns about the disposal of the refuse and ensuring that it was safely put out on the pavement in accordance with the terms and conditions of their litter and waste contract and conditions.

The Sub-Committee wanted the Applicant to ensure that the pavement is kept clear at all times for the safety of local residents.

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

The Premises Licence Holder is reminded of the need to operate the premises according to any current planning permission relating to its use class and conditions

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.