Agenda, decisions and draft minutes

Councillor Udy was duly appointed as chair.

There were no declarations of members' interests.

The purpose of the report by the Licensing Manager is for the committee to consider an application for the grant of a new premises licence pursuant to section 18 of the Licensing Act 2003 ("the Act").

The matter has been referred to the committee for determination following receipt of relevant representations from local residents and business holders, eighteen representations are in support of the application and six objecting to the application. There are no objections from any of the responsible authorities.

The committee is requested to determine the application.

Decision

As announed at the end of the meeting:

"The Licensing Sub-Committee has considered very carefully an application for a premises licence for the proposed premises at Marmion House, 89 Marmion Road, Southsea, PO5 2AX. Due regard has been given to the Licensing Act 2003, statutory guidance, the adopted statement of licensing policy, the Human Rights Act and representations of all parties to the hearing - both written and given orally at the hearing today.

All the representations before the Sub-Committee and leading to today's hearing have been received from residents, landlords and/or businesses; namely 18 in favour and 6 objecting. The objection focusses generally upon the licensing objective of the prevention of public nuisance. Existing premises create concern amongst residents in relation to late night noise and litter. The fear expressed is that an additional premises will add to the issues already experienced, particularly late night noise. The Sub-Committee heard that this location is not in a cumulative impact zone and accordingly no special policy applies to the application which must be considered on its merits in the usual manner.

It was noted by the Sub-Committee that no representation had been made by any of the responsible authorities but notably Environmental Health.

The Applicant confirmed that they were willing to adopt a voluntary policy of terminating amplified noise at 10.00pm and the installation of a noise limiter at the premises.

In light of consideration of all the above evidence the Sub-Committee has determined to grant the premises licence as applied for.

Reasons

The Sub-Committee listened carefully to the concerns of residents and acknowledged concern regarding levels of disturbance caused by premises already operating nearby and at the same location in the past. However, the Sub-Committee had to consider the extent to which the application before it would lead to issues of public nuisance and whether, in light of that assessment, it would be appropriate to refuse or restrict the proposed licensable activities.

In objection the Sub-Committee heard:

-           that there are too many premises close by,

-           insulation would not or could not prevent noise escape

-           the noise of patrons in drink would not be acceptable

-           residential premises above would be materially affected by noise

-           additional noise from car doors slamming and litter would ensue

-           planning precedent would not assist with other applications under consideration

-           extraction will cause nuisance

However, the Sub-Committee accepted legal advice that in relation to the content of the objection planning issues generally could not be accepted or considered as relevant (e.g. issues relating to change of use, availability of parking etc.). It was also made clear that this application must be considered on its own merits and on the basis of the evidence before the Sub-Committee today and any decision does not set a precedent in licensing terms.

The Sub-Committee was impressed by the experience and professional approach of the applicant. The proposal is for a restaurant with limited bar provision (the bar now being smaller than shown on  ...  view the full decision text for item 44.

The procedure for Applications with representations by "Other Persons" was followed.

Derek Stone, Principal Licensing Officer, presented the report of the Licensing Manager.  The representations from local residents objecting, and local business owners in support, were set out in Appendix C, and there had been no representations from Responsible Authorities.  Mr Stone had spoken with the applicants who had confirmed that they were creating an internal waste storage area.  He drew members' attention to the licensing objectives and the options open to them.

The committee members asked questions regarding the time that the neighbouring Bangerz n Brewz licenced premises was open to; this was up to 22.00 for the sale of alcohol during the week. The other nearby premises of Gisors had now closed.

Questions were then asked by residents ("other persons").  The adequacy of the planning application notification was referred to but the Licensing Manager was not able to comment on the planning notification.

Mr Stone clarified that this site was not within a Cumulative Impact Area (areas designated at saturation point with licenced premises) in the city.

Applicants' Case

Jasmine Ryan and Craig Emery outlined their plans for Marmion House and set out their background in the catering and entertainment trade.  They had tried to liaise with those who had raised concerns and objections to discuss their plans.  Their investment included fitting a new kitchen and providing seating for approximately 40 diners.  Their customers would have to leave the premises by 10.30pm with alcohol being served up to 10pm.  They would provide different menus for different parts of the day, with breakfast, children's and an evening bistro menu. It was not their intention to have large parties and diners would be encouraged to leave in a way to respect neighbours.   

There would also be sound-proofing between properties including the ceiling at the toilet area that had flats above.  The music would be low level background music, with restrictors put on their equipment.  The main entrance would be on Marmion Road; the side door would be used mainly as a fire door, and after 7pm they would ensure the door was kept closed.  Guests would not be able to sit outside (the width of pavement prevented this). It was hoped that many patrons would walk and taxis could be called from within the restaurant.

Bins would be stored within the building with restricted collection and delivery times.  Smoking outside would be monitored, a sand bucket provided and regular sweeping.  Drinks would not be permitted to be taken outside.  Staff would be fully trained and drunk customers would not be tolerated.

The building was within a Conservation Area and needed renovation and up to 10 jobs would be created.  This would bring diversity to the road.

The applicants offered to ensure that music would be turned off at 10pm and volume restrictors applied.  They were happy to have on-going contact with residents.

Members then asked questions regarding the child-friendly nature of the establishment and the type of alcohol  ...  view the full minutes text for item 44.