Agenda and minutes

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The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual, or may lead to the breach of a legal obligation by the Council.

The Chair referred to the filming of meetings and this information was noted.

To receive any apologies for absence.

There were no apologies for absence.   

The Chair will consider the admission of any late items of Urgent Business. (Late items will be considered under the agenda item where they appear. New items will be dealt with under item 7 below).

There was no urgent business.

There were no declarations of interest.

The Committee will first hear from the Licensing Officer.  After that, the objectors will present their case and the Committee and applicant will have the opportunity to ask questions. Then, the applicant will present their application and the Committee and objectors will have the opportunity to ask questions. 

All parties will then have the opportunity to sum up, and then the meeting will conclude to allow the Committee to deliberate and reach a decision. This decision will then be provided in writing within five working days of this meeting.

The Chair provided a summary of the procedure for the meeting.

To consider an application for a variation of an existing premises licence.

Presentation by the licensing officer

Ms Daliah Barrett, Licensing Team Leader, informed the Sub-Committee that:

·      This was an application for variation of an existing premises licence.

·      The licence was seeking late night refreshments Monday to Saturday 23:00–02:00 and on Sunday 11:00–00:00, the supply of alcohol Monday to Saturday 11:00–01:30 and on Sunday 11:00–00:00. The hours that the premises would be open to the public would be from Monday – Saturday 08:00–02:00 and 08:00 – 00:00 on a Sunday.

·      The application could be found in appendix A and during the consultation period, representations had been received from responsible authorities and residents.

·      The applicant had stated how the licensing objectives would be met on page 16 of the agenda papers. These included taking action such as the DPS ensuring that all members of staff would be trained in the sale of alcohol and would be given refresher training. Training records would be kept and a Challenge 25 policy would be enacted. The premises would also put up Challenge 25 posters. The premises would have a refusal book and an incident log which would be made available to Police upon request. A CCTV system would be installed providing good imagery and the images would be retained for 28 days. Notices would be displayed stating that CCTV was in operation. The premises would also be adequately lit and staff would be trained to manage the premises after 23:00. Training was also be provided to staff regarding how to refuse the sale. An age verification policy was in place. 

·      The premises had planning permission in line with the existing licence. It was not clear if the planning department had been approached to increase the hours of use at the premises.

·      The premises had come to the attention of the Council and the Police due to public nuisance issues.

·      A summary of the complaints could be found in the additional papers and the licence holder had addressed a requirement to vary the DPS.

·      A copy of the existing premises licence could be found on page 23 of the agenda papers and the premises was still known as the Montana Brasserie. 

·      Representations could be found from page 47 of the agenda papers.

·      There were residents that lived near the premises.

In response to questions, Ms Barrett informed the Sub-Committee that:

·      Another premises located close by, Sunny Beach, closed at00:00 on Saturday and Sunday and at 23:00 Monday to Friday.

·      Even if the application was granted, the applicant could not make use of the licence until it had received adequate planning permission.

Presentation by interested parties

Mr Willer da Costa, resident, informed the Sub-Committee that:

·      The premises was practically located in a residential building and if the licence was granted, then he and his family would not be able to sleep until 03:00 or even until 05:30.

·      The bar was literally below the bedroom where the noise emanated, even from the coffee machine. 

·      Noise also emanated from the television at the premises particularly during opening and closing  ...  view the full minutes text for item 6.

To consider any items of urgent business as identified at item 3.