Agenda and decisions

Licensing Sub-committee
Tuesday, 30th July, 2019 9.30 am

Venue: The Executive Meeting Room - Third Floor, The Guildhall. View directions

Contact: Joanne Wildsmith Democratic Services Tel: 9283 4057  Email: Democratic@Portsmouthcc.gov.uk

Items
No. Item

1.

Appointment of Chair

2.

Declarations of Members' Interests

3.

Licensing Act 2003 - Application for grant of a premises licence - Marmion House, 89 Marmion Road, Southsea, PO5 2AX pdf icon PDF 76 KB

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.

Additional documents:

Decision:

 

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 3.