Agenda item

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 representations from other persons both in support and against the application.

The committee is requested to determine the application.

DECISION

Full notification of the decision will be issued to all parties to the hearing - including those that have made written representations only. The Sub Committee has considered carefully the application, representations of all parties - both written and oral, the Licensing Act 2003, the licensing objectives, statutory guidance, the adopted statement of policy, the Human Rights Act and the Equality Act.

The Sub Committee noted the operating schedule for the application included detail covering staff training, CCTV, notices, deliveries, movements of staff and patrons, lighting, waste receptacles and Challenge 25 scheme.

No representations from any of the responsible authorities have been received in relation to the application but notably no objection was received from the police or environmental health. The Sub Committee accepted advice that the absence of objection must be accepted as endorsement given the statutory scheme requires grant of a licence absent any objection and the guidance confirms each responsible authority is the expert for their relevant field.

It is apparent that fliers or letters have been sent to encourage objection to the application.

The Sub Committee accepted legal advice that the grant of a licence does not set a precedent as each case is determined on its merits. Further, that extensive powers of review exist in the event that the premises causes issues or undermines the licensing objectives in the event that the licence is granted.

The application attracted 42 objections (two withdrawn) and nine representations in support.

Having heard all of the above the Sub Committee has determined to grant the premises licence as applied for and subject to the following conditions:

1)    Use of the outside area to the front of the premises shall cease at 7pm on any evening that the premises are open

2)    The outside rear garden and side alley shall not be used for licensable activities at any time

3)    Bottle bins shall not be emptied after 9pm on any evening, whether the business is open or not

4)    Evening events (when the premises are open after 6pm) shall be limited to 5 evenings per calendar month

NB the limit on evening usage will not affect the use of Temporary Event Notices at the premises.

REASONS

Objection to the application focussed, generally but not exclusively, upon the following issues:

-          Consumption of alcohol outdoors, use of rear garden

-          Proximity of residential properties / family area / elderly residents

-          Anti-social behaviour / alcohol related crime and disorder - particularly late at night

-          Nuisance from live music

-          There being no need for additional premises

-          Car parking / traffic dangers, litter

-          Effect upon other businesses / change of use

The Sub Committee accepted legal advice given during the course of the hearing that commercial need, car parking and traffic issues, business impact and change of use (being a planning issue) were not relevant to the licensing objectives and could not be taken into account.

The applicants gave considerable detail concerning the application and in particular the Sub Committee noted: that the applicants live above the premises and have no intention of using rear outdoor spaces for business use, evening internal use of the premises is envisaged to be only a couple of evenings per month, the alcohol provision will be limited and of a specialist nature, events will be of the nature of wine and cheese evenings etc., the application was drafted to allow flexibility - no intention to operate to full extent of the licence, no outside advertising of off sales and smoking would not be permitted or encouraged close to the premises - the primary focus being food.

The Sub Committee has to balance the interests of the proposed business as set out in the operating schedule and clarified during the hearing and the rights of residents living in close proximity. The conditions imposed were considered appropriate given the potential for a business serving alcohol to create issues and undermine the licensing objectives - particularly public nuisance. Accordingly the conditions imposed - particularly the number of evenings the premises can be used will serve to prevent a disproportionate impact upon residents.

Conditions were considered to limit the operating hours further and to impose a last entry hour, however, given the nature of the proposed licensable activities and the supporting evidence and reassurance from the applicants these were not considered appropriate at this time. Use of the rear balcony was considered, however, given this is only accessed via and to be used as private property this was not considered pertinent to the application.

Residents can be reassured that in the event that the premises does change in nature or operate in a manner that undermines the licensing objectives and relevant evidence supports it, the premises licence may be brought back before the Licensing Committee for review. Steps can be implemented at that stage including additional conditions or restrictions or indeed revocation of the licence in extreme cases and where proportionate and appropriate.

Likewise, if the business operates successfully and without issue of concern, it may reapply at any time to vary the licence.

The is a right of appeal for all parties to the hearing to the Magistrates' Court