Agenda and decisions

Members are invited to consider the guidance  which accompanies thismgenda and make declarations as appropriate.

Application for A Premises Licence – Lock Studios, Springfield House,

5 Tyssen Street – APPROVAL

The decision of 3rd July 2023

The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing today has determined that having regard to the promotion of all the licensing objectives:

·  The prevention of crime and disorder;

·  Public safety;

·  Prevention of public nuisance; and

·  The protection of children from harm,

the application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:

·  The hours for licensable activities, shall be, as agreed:

Supply of Alcohol (on-sales)

Monday - Thursday  10:00 - 23:00

Friday - Saturday  10:00 - 00:00

Sunday    10:00 - 22:30

Late Night Refreshment:

Friday - Saturday  23:00 - 00:00

Opening hours of the premises

Monday - Thursday  10:00 - 23:30

Friday - Saturday  10:00 - 00:30

Sunday    10:00 - 23:00

·  Remove off sales from the application.

And the following condition:

There shall be a written dispersal policy submitted to and approved by the Licensing Authority and the Police. The approved dispersal policy shall be implemented at the premises. All staff shall be briefed on this dispersal policy. A copy of the policy shall be kept on the premises and shall be produced to a police officer or other authorised officer upon request.

Reasons for the decision 

The application for a premises licence has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.

The Sub-committee took into account that the Applicant agreed amended timings for the supply of alcohol with the Health Authority, therefore, they made no representations. The Sub-committee noted no other Responsible Authorities raised objections to the application.

The Sub-committee took into consideration the written representations made by the Other Person (a local resident) objecting to the application on the grounds of prevention of public nuisance and the prevention of crime. The local resident did not attend the hearing.

The Sub-committee took into consideration the local resident’s concerns about the impact the premises will have on the area and the local residents which included  the frequent use of the entry gate to the courtyard/parking area of the Springfield House building to be open or left open. This was highlighted during the period of refurbishment of the premises which resulted in the theft of bicycles near the premises.

The Sub-committee took into account the concerns of the local resident about noise late at night following alcohol consumption. The Sub-committee took into consideration that the entranceways, windows and doors for the premises open onto the parking and the residential area of over 50 local residents in Springfield House.

The Sub-committee heard representations from the Applicant’s legal representative that since 2013, the Applicant operated 10 photographic studios in the borough and it was used as a post production facility and as a photographic studio. The alcohol licence  ...  view the full decision text for item 6.

RESOLVED: The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing today and having regard to the promotion of the licensing objectives:

•  The prevention of crime and disorder

•  Public safety

•  Prevention of public nuisance

•  The protection of children from harm

The Licensing Sub-Committee made the following determination: to modify the

premises licence as follows:

•  Sunday to Wednesday the rear garden shall close at 22:00.

•  Thursday to Saturday the rear garden shall close at 00:00.

•  Condition 18 to be amended as follows:

“There shall be no glass, drinks or open containers taken outside of the

premises at any time”.

•  The capacity of the premises shall be determined on the grounds of fire

safety and following a physical assessment by a competent person.

•  The Premises Licence holder to submit a Noise Management Plan to

be submitted to the Licensing Authority and the Environmental Protection Team to resolve noise issues with the extractor fan, speakers

The Reasons for the Decision:

The Licensing Sub-Committee after carefully considering the evidence presented to them at the review hearing by the Applicant, (the Environmental Protection Team), the Licensing Authority, the Legal Representative who represented the Premises Licence holder, the Premises Licence holder, and Other Person (a local resident) who made representations in support of the premises decided that the appropriate course of action was to modify the conditions on the premises licence in particular relating to the rear garden, concerns about the extractor fan and the need to test the noise level and rear garden.

The Sub-committee took into consideration that the Environmental Protection Team has applied for a review seeking to revoke the premises licence for the Basement And Ground Floor 54-56 Scrutton Street.

The Sub-committee heard representations from the Environmental Protection Officer that the review on the grounds of prevention of public nuisance was for the period 19 September 2021 - 22 March 2023.

The Sub-committee took into consideration that there were 36 official complaints received from local residents over an 18month period on an ongoing basis without resolution, and for that reason the Environmental Protection Team were seeking to revoke the premises licence.

The Sub-committee took into consideration that the Premises Licence holder has had a premises licence since 12th June 2018. Subsequently the Premises Licence holder applied to vary the premises licence in October 2021 to extend the terminal hours for all licensable activities on Thursday to Saturday. The Licensing Sub-Committee heard this variation application on 11th January 2022.

The Sub-committee took into account local residents’ representations in support of the review application.

The Sub-committee took into consideration the following complaints received by the Environmental Protection Team:

•  25.03.23 at 23:11 hours - Loud amplified music

•  26.3.23 from 00:08 to 00:15 hours - Loud amplified music,

•  21.07.22 The Environmental Protection Team visited following complaints about music from the garden at 23:08 then at 23:36 hours when the premises were closed.

The Sub-committee  ...  view the full decision text for item 7.