Agenda, decisions and minutes

Cllr Smyth was duly elected as Chair of the meeting.

2.1  There were no apologies for absence.

3.1  There were no declarations of interest.

 

4.1  There were no minutes for consideration at the meeting.

5.1  The meeting participants noted the hearing procedure for the meeting.

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 application to vary a premises licence has been approved in accordance with the Council’s Statement of Licensing 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:

 

Live Music 

 

Sunday to Wednesday  08:00 - 00:30

Thursday  08:00 - 01:00

Friday   08:00 - 01:00

Saturday    08:00 - 01:00

 

Recorded Music 

 

Sunday to Wednesday  08:00 - 00:30

Thursday  08:00 - 01:00

Friday   08:00 - 01:00

Saturday    08:00 - 01:00

 

Performance of Dance

 

Sunday to Wednesday  08:00 - 00:30

Thursday  08:00 - 01:00

Friday   08:00 - 01:00

Saturday    08:00 - 01:00

 

Late Night Refreshment:

 

Sunday to Wednesday  23:00 - 00:30

Thursday  23:00 - 01:30

Friday   23:00 - 01:30

Saturday    23:00 - 01:30

 

Supply of Alcohol (on sales)

 

Sunday to Wednesday  12:00 - 00:30

Thursday  12:00 - 01:30

Friday   12:00 - 01:30

Saturday    12:00 - 01:30

 

 

Supply of Alcohol (off sales)

 

Sunday to Wednesday  08:00 - 00:30

Thursday  08:00 - 00:30

Friday   08:00 - 00:30

Saturday    08:00 - 00:30

 

Opening hours of the premises

 

Sunday to Wednesday  08:00 - 01:00

Thursday  08:00 - 02:00

Friday   08:00 - 02:00

Saturday    08:00 - 02:00

 

 

Remove “ Plays” from the premises licence.

 

Remove “Anything of a similar description” from the premises licence.

 

And the following additional conditions:

 

The external seating area shall be closed with furniture rendered unusable by 22:00 each day save for a maximum of six (6) smokers after this time.

 

There shall be a written dispersal policy submitted to and approved by the Licensing Authority and the Police which shall be reviewed regularly. The approved dispersal policy shall be implemented at the premises by the staff. All staff shall be trained 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.

 

No bottles, glasses or alcoholic drinks shall be taken outside except for consumption in the external area at the outside tables and chairs until 22:00.

 

All amplified music shall be played through a noise limiter set and sealed by an Environmental Protection Officer and the premises Acoustic Consultant.

 

All doors and windows shall be closed during the playing of regulated entertainment except for entry and egress.

 

External noise patrols shall be undertaken at least every half an hour to ensure music noise cannot be heard at the nearest noise sensitive premises. Details shall be recorded in the Incident Book.

 

There shall be a member of staff tasked for the purpose on the door from the terminal hour until at least 30 minutes after the premises closes and all customers have left the premises. They shall ensure that no glasses,  ...  view the full decision text for item 6.

 

6.1  NOTED the additional information including amended and additional proposed conditions circulated prior to the meeting.

 

6.2  Suba Sriramana, Principal Licensing Officer introduced the variation application seeking to extend the hours for the sale of alcohol on and off premises and late night refreshment, and to include the hours for regulated entertainment.  Representations were received from the Police, Licensing and Health Authority, and it was reported that there had been an error in the report and that the premises was located within the Dalston Special Policy Area (SPA). 

 

6.3  Graham Hopkins, the applicant’s agent outlined the application including the additional/revised conditions to address the concerns raised by the responsible authorities including further reducing the extended hours, a condition that alcohol would be sold ancillary to food in the restaurant and take-away/delivery business, the licensable activities play and dance had been removed, 55 to 60 covers inside the premises and 12 seats allowed in the outside area, the outside table and chairs would not be in use from 22.00 hours daily, a dispersal policy, a maximum of 6 smokers at any one time, a sound limiter had been installed, risk assessments would be undertaken daily and condition 9 had been amended to include delivery drivers.  The business had been suffering financial losses since Covid-19 and from local competition and the extended hours would enable the business to compete and survive. 

 

6.4???In response to questions from members seeking clarification regarding the application, Mr Hopkins confirmed that the applicant had not applied for any TENs and an additional condition had been proposed to address the concern relating to children's safety ‘Any unaccompanied children shall not be allowed at the premises after 22.00 hours.’ 

 

6.5  Channing Riviere, Licensing, objected to the application on the grounds of public nuisance and welcomed the reduction in the extended hours for licensable activities and off sales but emphasised the hours still exceeded the Council’s Core Hours, there had been no measures proposed to mitigate the potential rise in public nuisance arising from motorcycles being used for deliveries during the later hours.  It was highlighted that there were no concerns about the applicant’s track record.

 

6.6  PC Griggs, Police objected to the application on the grounds of the prevention of crime and disorder and public nuisance. She welcomed the assurance that the premises would operate as a restaurant but concerns remained about the range of the regulated entertainment, the potential increase in public nuisance from the external seating area being open until 22.00 hours and how the dispersal policy would be implemented for the proposed later hours.

 

6.7  In response to questions from members regarding noise nuisance, Mr Hopkins confirmed that the licensable activities play and dance had been removed from the application, live and recorded music would be played until 01.00 hours for the occasional parties held at the venue, live music would be played at background level, live performances would be held after 23.00 hours and up to 15 drivers would be allowed in  ...  view the full minutes text for item 6.

7.1 There were no temporary event notices.

 

RESOLVED

That the Press and Public be excluded from the meeting during the consideration of agenda item  8 due to the disclosure of exempt information as defined under paragraph 7, Part 1, Schedule 12A of the Local Government Act 1972.

 

The live stream ended and the meeting proceeded in closed session.

 

 

Two licenses will be subject to review as part of this process.

 

Exempt information

 

On occasions, some applications will be heard in private and not open to the press and public if discussions are likely to lead to the disclosure of exempt or

confidential information.

 

The consideration of exempt information is in accordance with Access to Information Rules set out at Part 4.2 paragraph 17.3 of the Council’s constitution.

 

The following recommendation allows for the consideration of exempt information at agenda item 8

.

RECOMMENDATION:

 

That the Press and Public be excluded from the meeting during the consideration of agenda item 6 due to the disclosure of exempt information as defined under paragraph 7, Part 1, Schedule 12A of the Local Government Act 1972.

This application was considered during the private session of the meeting and the discussion and decision are available in the exempt minutes.

This application was considered during the private session of the meeting and the discussion and decision are available in the exempt minutes.