Decision details

RESOLVED

 

The Committee carefully considered the application, the Council’s Statement of Licensing Policy, the guidance under section 182 of the Licensing Act 2003 and the representations by the residents.

 

The Committee resolved to grant the licence as follows:

 

Supply of Alcohol

Monday to Sunday: 1200 to 2300

 

For consumption ON the premises

 

Opening Hours

Monday to Sunday: 1200 to 2300

 

The Committee considered it appropriate and proportionate  to impose the following conditions in order to promote the four licensing objectives:

 

There shall be no sales of alcohol for consumption off the premises;

 

The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such person as ancillary to their meal;

 

Customers will not be permitted to drink outside the premises;

 

The premises must implement a Challenge 25 policy whereby all customers who appear to be under 25 must produce photographic identification in the  form of a passport, driving licence or Proof of Age Scheme (P.A.S.S) approved identification before being served alcohol;

 

No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which give rise to nuisance;

 

The rear door to be kept closed at all times and a self closure to be added to the rear door in order to prevent nuisance;

 

Staff to be reminded not to cause a noise nuisance in the rear yard;

 

Deliveries and collections associated with the premises will be arranged between the hours of 08.00 and 20.00 so as to minimise the disturbance caused to the neighbours, this will include refuse collections;

 

Empty bottles and non –degradable refuse will remain in the premises at the end of trading hours and be taken out to the refuse point at the start of the working day rather than at the end of trading  when neighbours might be unduly disturbed;

 

All plant and machinery to be correctly maintained and regularly serviced to ensure that it is operating efficiently and with minimal disturbance to neighbours arising from noise;

 

All ventilation and extraction systems shall be correctly maintained and regularly serviced to ensure that it is operating efficiently and with minimal disturbance arising from odour

 

The applicant to obtain written confirmation from the Enforcement  Response Team that the  carbon based air circulation system  minimises  food odours to an acceptable  level;

 

The applicant to provide local residents with a contact telephone number for them to make any complaints directly to the applicant;

 

Illuminated external signage shall be switched off when the premises is closed;

 

A digital CCTV System to be installed in the premises;

 

Cameras must be sited to observe the entrance doors from inside;

 

Cameras on the entrances must capture full frame shots of the heads and shoulders of all people entering the premises i.e. capable of identification;

Cameras must be sited to cover all areas to which the public have access including any outside smoking areas;

 

Provide a linked record of the date, time of any image;

 

Provide good quality images – in colour during opening times;

 

Have a monitor to review images and recorded quality;

 

Be regularly maintained to ensure continuous quality of image capture and retention;

 

Member of staff trained in operating CCTV must be at the venue during times open to the public;

 

Digital images must be kept for 31 days. The equipment must have a suitable export method, e.g. CD/DVD writer so that Police can make an evidential  copy of the data they require;

 

Copies must be available within a reasonable time to Police on request;

 

An incident log shall be kept at the premises and made available on request to the Police which will record the following:

 

a)    All crimes reported to the venue

b)     all ejections of patrons

c)    any complaints received

d)    any incidents of  disorder

e)    seizures of drugs or offensive weapons

f)     any faults in the CCTV system or searching equipment or scanning equipment

g)    any refusal of the sale of alcohol

h)   any visit by a relevant  authority or emergency service

 

The objections raised by Enforcement Response and the Police have been overcome by the agreed conditions which the Committee has imposed.

 

The Committee listened carefully to the representations by the residents and noted the close proximity of the premises to the residential  properties. In so far as the concerns of the residents related  to planning issues the committee could not have regard to them in deciding whether or not to grant  the licence.

 

However, in so far as the complaints of the residents related to public nuisance in the form of noise and odour, the Committee were satisfied that there had been an improvement since September 2016 and felt that the conditions it has imposed are appropriate  and  proportionate to promote the licensing objective of the prevention of public nuisance.

 

As an informative, the Committee remind the applicant of the need to comply with all of the conditions of the license and that failure to do so could result in a review of the premises license.