Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 25, 2024

Purpose:

Content: RESOLVED:   The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing 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; and ? The protection of children from harm,   the application for a premises licence, has been approved in accordance with the Council’s Statement of Licensing Policy, and conditions as set out in paragraph 8.1 of the report:   ? The hours for licensable activities:   Plays    Monday    09:00-23:40 Tuesday    09:00-23:40 Wednesday    09:00-01:40 Thursday   09:00-02:10 Friday     09:00-03:40 Saturday    09:00-03:40 Sunday    09:00-01:40   Films    Monday    09:00-23:40 Tuesday    09:00-23:40 Wednesday    09:00-01:40 Thursday   09:00-02:10 Friday     09:00-03:40 Saturday    09:00-03:40 Sunday    09:00-01:40   Recorded Music   Monday    09:00-23:40 Tuesday    09:00-23:40 Wednesday    09:00-01:40 Thursday   09:00-02:10 Friday    09:00-03:40 Saturday    09:00-03:40 Sunday    09:00-01:40   Performance of Dance    Monday    09:00-23:40 Tuesday    09:00-23:40 Wednesday    09:00-01:40 Thursday   09:00-02:10 Friday    09:00-03:40 Saturday    09:00-03:40 Sunday    09:00-01:40   Anything of a similar nature    Monday    09:00-23:40 Tuesday    09:00-23:40 Wednesday    09:00-01:40 Thursday   09:00-02:10 Friday    09:00-03:40 Saturday    09:00-03:40 Sunday    09:00-01:40   Late Night Refreshment   Monday    23:00-23:40 Tuesday    23:00-23:40 Wednesday    23:00-01:40 Thursday   23:00-02:10 Friday    23:00-03:40 Saturday    23:00-03:40 Sunday    23:00-01:40   Supply of Alcohol (on the premises)   Monday    09:00-23:40 Tuesday    09:00-23:40 Wednesday    09:00-01:40 Thursday   09:00-02:10 Friday    09:00-03:40 Saturday    09:00-03:40 Sunday    09:00-01:40   Supply of Alcohol (Off the premises)   Monday     09:00-23:00 Tuesday    09:00-23:00 Wednesday    09:00-23:00 Thursday   09:00-23:00 Friday    09:00-23:00 Saturday    09:00-23:00 Sunday    09:00-23:00   The Opening hours of the premises   Monday    09:00-00:00 Tuesday    09:00-00:00 Wednesday    09:00-02:00 Thursday   09:00-02:30 Friday    09:00-04:00 Saturday    09:00-04:00 Sunday    09:00-02:00   And the following conditions to be added to the premises licence:   ·  No drinks permitted outside the premises after 22:30.   ·  No off sales permitted after 23:00 hours.   ·  Last entry time one hour before closing.   ·  The Premises Licence Holder will provide a written dispersal policy and submit this to the Police and Licensing Authority.   ·  No deliveries permitted to the premises between 23:00 and 07:00.   The installation of sound limiting devices (device type to be approved by the Environmental Protection Service) to all music systems. The devices should be set to ensure inaudibility in all residential premises. A certificate of compliance should be submitted to the Environmental Protection Service. The certificate shall be renewed on an annual basis.   Reasons for the decision   The application for a premises licence has been approved as the Licensing Sub-Committee was satisfied that the licensing objectives would not be undermined.   The Sub-Committee took into consideration that there were 21 representations from Other Persons of which 19 Local residents were in support of the application and two local residents made representations against the application. The Sub-Committee took into consideration that there were no representations by Responsible Authorities.   The Sub-Committee took into account that the two representations were made by local residents that reside opposite the building concerned about noisy drunk customers late at night. The local residents made representations that the noise coming from the premises each time the door opens is deafening. Also when the customers are dispersing from the premises down Sandringham Road they can be heard shouting loudly, causing a disturbance.   The Sub-Committee took into account the local residents' representations that given the antisocial behaviour displayed by the customers local residents wanted the hours to be reduced, and to ensure the conditions are imposed that the footway is kept clear and safe for passing pedestrians and that amplified noise is kept to the minimum. The Sub-Committee noted that the Applicant made presentations that they were seeking amended hours to stop alcohol 15 minutes before close. In addition, they were seeking an extra 45 minutes of alcohol sales on Friday and Saturday.   The Sub-Committee took into account the Applicant’s representations that they have a sound limiter on the floor to prevent noise nuisance. They take the safety of customers seriously and they were prepared to work with local residents to overcome any objections. The Sub-Committee took into consideration that the Applicant had discussed the additional hours with the Police. The Applicant made representations that they have reduced hours on Thursday evenings and that the license they were proposing would overcome any concerns. The Applicant made representations that off sales were not part of their regular business model, and they do not let people leave with open drinks.   The Sub-Committee noted the Applicant has made this application to avoid having to use temporary event notices on a regular basis.   The Sub-Committee took into consideration concerns about obstructing the pavement. The Sub-Committee took into consideration concerns raised about customers being loud and noisy in the early hours of the morning screaming and shouting and causing noise nuisance.    The Sub-Committee took into account the representations in support of the premises. The Sub-Committee noted the local residents in support had a good experience of the premises, and they had had no issues with the operation of the premises. It is known by the LGBTQIA+ community. The Sub-Committee noted the representations that the Applicant promotes safety of customers.   The Sub-Committee took into consideration that the Applicant agreed to a reduction in the hours at the relevant times, including drinking up time.   The Sub-Committee felt that the premises will not contribute to the cumulative impact in the area. The Sub-Committee were persuaded by the Applicants' representations on smoking outside of the premises.   The Sub-Committee took into consideration that the Applicant was an experienced operator for over 15 years, and was prepared to work with local residents to overcome their objections. The Applicant had agreed to a number of conditions and reduced hours to prevent the licensing objectives from being undermined. The Sub-Committee took into consideration that the hours during weekdays are less than the existing premises licence.   Having taken all of the above factors into consideration the Sub-Committee was satisfied that granting this application for a premises licence would not undermine the licensing objectives.         Public Informatives   1.  The Premises Licence Holder stated that they shall surrender their existing license when the new premises license has been issued.   2.  The Premises Licence Holder is encouraged to continue working with Responsible Authorities to prevent any public nuisance or negative impact in the area.