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, and LP3 within the Council’s Statement of Licensing Policy.

Reasons for the decision

The Licensing Sub-Committee, having heard from the Licensing Authority, and Other Persons (14 local residents) believed that granting the application would result in the licensing objectives being undermined.

The Sub-Committee took into consideration that the Licensing Authority made representations on the grounds of the prevention of public nuisance. The Sub-Committee took into account that there were 14 local residents who made representations against the application on the grounds of the four licensing objectives.

The Sub-Committee noted that this application related only to the ground floor of the premises.

The Sub-Committee took into consideration that the Licensing Authority objected to the application because it would have an impact on the residential area and was concerned about the late hours.

The Sub-Committee heard representations from Councillor Webb on behalf of local residents and the Curie House Residents Association that the local residents would be severely impacted by the proposed hours. There was no other venue that had such late hours. The late hours will result in a negative impact on the area. There was no public transport late at night. The local residents will be disturbed by the 03:00 dispersal from the premises. There were public safety concerns and particularly late at night when leaving the premises. The local residents felt the area cannot take more late night premises than they already have.

The Sub-Committee heard representations that local residents experience consistent noise and unsociable behaviour every week by people on Wallis Road. This happens every Thursday, Friday and Saturday night. People party on the street either from parked cars or just from loitering, playing loud music and shouting, and are mostly intoxicated from alcohol or drugs. This behaviour starts around 22:00 and ends at around 03:00, though it can extend to 07:00. The noise can be so loud that in extreme cases local residents have been woken up multiple times in a single night.

Councillor Webb made representations that the extended hours and the noise disturbing local residents late at night will have a negative impact on the area.

The Sub-Committee felt that there was not enough evidence from the Applicant to demonstrate why the premises should be authorised to operate the proposed hours given that local residents that reside close to the premises.

The Sub-Committee were not reassured that the application will not add to the cumulative impact, they were not persuaded by the evidence presented by the Applicant.

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, and as such it decided to refuse the application in its entirety