Agenda and minutes

Councillor Scott Payter-Harris was appointed Chair.

No interests were declared.

Purpose

The purpose of this report is for the committee to consider an application for the variation of a premises licence pursuant to section 35 of the Licensing Act 2003.

The matter has been referred to the committee for determination following receipt of one relevant representation form the owner of the premises.

Mr Stone, the Principal Licensing Officer introduced the report and informed the committee that Ms Fage was not able to attend the hearing.  She had submitted an amended representation which was tabled.

A list of the nearby licensed premises' opening hours and hours when alcohol sales are permitted were also circulated.

In response to a question from the committee, Mr Stone explained that the Licensing Department had no concerns regarding the premises.

There were no questions from the applicant for the Principal Licensing Officer.

Ms Ryan, the applicant made the following points in her representation:

·       The main purpose for this application was to increase revenue, so that they can retain their staff.

·       Customers have complained about being asked to leave at 10pm.

Craig Emmery, co-owner of Marmion House added that they allow two hours per booking, which means that if a table is booked at 7pm it cannot be used again when it is vacated at 9pm.   If alcohol sales were to be extended to 22:30 or 23:00 there would be time for two sittings. 

In response to questions from the committee, they explained that:

·       The flat is above the back end of the restaurant.  The staircase is above the toilets.

·       In the front, when a wall was removed to build the kitchen, a bricked-up doorway to the upstairs flat was found.  This was soundproofed and filled in. It is now in the top of the roof next to the extraction unit.

·       The front part of the restaurant has a flat roof onto which the flat's window looks out.

·       The Temporary Event Notices had been used for New Year's Eve, Ms Ryan's birthday and at the request of a special customer.

·       The glass bins are moved inside to the front of the restaurant to be emptied.

·       Staff call taxis for customers so that they do not have to hang around outside the premises. 

·       If customers were noisy leaving the premises, they would be spoken to.

The committee noted that:

·       The application was very thorough, and the licensing objectives had been considered.   

·       There were no representations from responsible authorities.

·       The list of operating hours for nearby premises was helpful, but the committee would determine what weight to give it.

Mr Stone read out the reputation that had been submitted by Ms Fage:

I would like to object to any increase in licence extended hours at Marmion House. 

In the application under d) The prevention of public nuisance it states that 'they have insulated correctly to ensure minimal disturbance to the flat upstairs and have had no complaints thus far'.

This is incorrect.

As part of the original planning application for the proposed restaurant, the sound insulation was to be tested prior to its opening.  It has not been tested and therefore they are in breach.  The noise from the industrial extraction unit in the roof space abutting my property (picture of the doorway), caused the previous occupants to vacate the property.

On two occasions I have requested a return visit from  ...  view the full minutes text for item 22.