Agenda item

Decision

 

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;

?  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 opening hours and the hours for licensable activity are:

 

  Opening Hours:

 

  Monday to Thursday  08:00 – 22:00 hours

  Saturday  08:00 -  22:00 hours

  Sunday  12:00  - 22:00 hours   

 

 

  Supply of Alcohol (on the premises):

 

  Thursday to Friday  17:00 - 21:30 hours

   Saturday    12:00 – 21:30 hours

  Sunday  12:00 – 21:00 hours

 

Supply of Alcohol (off the premises):

 

  Monday to Saturday  08:00 - 21:30 hours

  Sunday  12:00 – 21:00 hours

 

 

?  Amend condition 17 to read as follows:

 

“At all times when on sales are provided there shall be a minimum of 2 staff on duty in the bar from 19:00 to close on Fridays, Saturdays and on Bank Holiday Sundays”

 

?  Amend condition 16(h) to read as follows:

 

“That a maximum of 2 smokers will be allowed outside after 20:00 hours”.

 

?  Delete condition 9.

 

 

?  Amend condition 11 to read as follows:

 

?  “No more than 4 patrons will be permitted in the designated smoking area outside the premises at any one time. No drinks to be taken outside. Staff shall monitor the patrons both physically and by use of the CCTV.”

?  “After 20:00 hours, no more than 2 patrons will be permitted in the designated smoking area outside the premises at any one time. No drinks to be taken outside. Staff shall monitor the patrons both physically and by use of the CCTV. ” . 

 

?  Delete condition 27 as it is a duplication of condition 24.

 

?  Delete condition 29 as it is a duplication of condition 16.

 

?  Delete condition 38. 

 

?  Delete condition 13 as it is a duplication of condition 39.

 

?  Delete condition 40 as it is a duplication of condition 15.

 

?  Delete condition 41 as it is a duplication of condition 14.

 

And the following addition conditions:

 

?  All licensable activity will cease 30 minutes before the premises closes each day.

 

?  There shall be a maximum capacity of 20 patrons at any one time.

 

?  An adequate Noise Management Plan shall be submitted to and deemed acceptable by Environmental Protection and the Licensing Authority. This may include matters such as a door lobby or further acoustic panels. Licensable activity shall not commence until the Noise Management Plan has been approved by the Responsible Authorities.

?  There shall be no supply of alcohol for consumption off the premises after 19:00 hours on any day between 1^st May and 30 September in any year.

 

Reasons for the decision

 

The application has been approved, with the above amendments, as the Licensing sub-committee was satisfied that the licensing objectives would not be undermined.

 

The committee took into consideration that the Environmental Enforcement and the Metropolitan Police had withdrawn their representations, and agreed conditions with the applicant. The Licensing Authority and Other Persons still maintained their objection to the application due to noise and anti-social behaviour issues affecting the local residents. The premises are situated in a partially residential area.

 

The committee carefully considered all the representations, and decided that on balance the applicant was a well regulated business, and they were satisfied that they could address the concerns raised by reducing the hours of the on sales, and by adding conditions which the applicant must comply with.

 

The committee felt that the significantly reduced on-sales (ie no on sales on Monday to Wednesday each week) would go some way towards mitigating the impact the premises would have on the area. It was noted that the applicant agreed to conditions requiring signage to deter patrons from street drinking and to comply with any restrictions not to drink in the nearby public spaces.

 

The committee noted that the premises were not currently open for on sales other than when they had a Temporary Event Notice in place. The committee took into consideration that local residents complained about the noise coming from the premises in particular on the opening night when a Temporary Event operated, and the local residents were affected by the noise. The applicant had apologised that this had occurred. It was noted that subsequent Temporary Events have taken place largely without incident.

 

The applicant stated that they are responsible operators and are prepared to work with local residents to overcome their concerns. It was noted that the premises would not be open during the daytime due to the operation of the brewery and preparation of orders for off sales. The applicant stated that they did not intend to play loud music, and they were prepared to take the necessary precautions to prevent noise breakout from the premises. It was noted that the premises main door would generally be closed over during evenings. A further reduction in the number of smokers was also agreed.

 

The committee sympathised with the applicant’s circumstances and the difficulty in trying to resolve the issues of noise leakage from the premises, and of being blamed for anti–social behaviour in the form of street drinkers. It was agreed that the applicant would be required to work with the Responsible Authorities (Environmental Health and the Licensing Authority) to try and resolve matters with the implementation of a Noise Management Plan, before the premises can operate under this license.

 

A seasonal condition relating to off sales was considered proportionate in respect of reported abuses of local public spaces.

 

Having taken all of the above factors into consideration the Licensing sub-committee was satisfied, when granting the application, that the licensing objectives would be promoted.

 

Public Informative

 

The applicant is encouraged to engage in meaningful dialog with the local residents regarding issues relating to the premises, and to play their part in reducing any impacts such as noise and anti-social behaviour.