Agenda and minutes

Councillor Jason Fazackarley was duly appointed as Sub-Committee Chair.

There were no declarations of interest.

The purpose of this report 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 representation from a local resident.  Further detail about the representation received is shown at paragraph 4.

The Sub-Committee had to consider an application for the grant of a new premises licence pursuant to section 18 of the Licensing Act 2003 ("The Act") following receipt of relevant representation from a local resident.

Present at the hearing were:

Derek Stone, Principal Licensing Officer, PCC

Ben Attrill, Legal Advisor, PCC

Vincenzo Capazzo, Applicant

Summary of Application and Representations

The Principal Licensing Officer introduced his report and advised the hearing related to the granting of a premises licence.  He outlined the opening hours and the proposed hours for the sale of alcohol as detailed in the report.  He noted that the applicant had already agreed to the small garden at the rear of the premises to be closed from 10pm.

Two objections were initially received, following which the applicant agreed to limit the numbers in the garden area to 16 people, this would be from 9pm until closing off access at 10pm.  Following this, one objector withdrew their representation.

The remaining objector was a close neighbour whose house overlooks the rear garden area and who had stated that should noise occur it would impact on the sleep and wellbeing of his children.  Both the Principal Licensing Officer and the applicant had attempted to contact the objector to update them with the proposed amendment and for the applicant to reassure him on how the business would be conducted but had received no response.

There were no objections from any responsible authorities in regard to the application.  The application was properly advertised in accordance with the required regulations.

The Principal Licensing Officer outlined the options that were open to the Sub-Committee having heard all the evidence, as detailed in his report.

The applicant had also provided the Principal Licensing Officer with a notice that he intended to affix to the wall in the garden in a prominent position for customers to read and this was distributed to the panel.  The notice read as follows:

Remember that you are in private space surrounded by houses where children and the elderly live.

So keep a decent attitude, don't raise your voice and enjoy a good pizza?

The garden closes at 10pm.

The last drink will be served at 9.30pm

The Principal Licensing Officer reminded the panel of the revised guidance issued by the Home Secretary in accordance with section 182 of the Licensing Act 2003, paragraph 11.1 and 11.2 which sets out the proceedings for a review should there be a contravention of any of the four licensing objectives.

Panel Member questions to the Principal Licensing Officer

In response to questions the Principal Licensing Officer clarified:

• The premises have been open for one week with the business running and operating without serving alcohol.  The hours are 5pm - 10.30pm Tuesday to Thursday and 5pm - 11pm Saturday and Sunday.
• The complainant had not clarified what they considered 'noise'.  There is a statutory definition of noise nuisance, and this may not correspond with the objector's definition of noise.
• The garden area would  ...  view the full minutes text for item 23.