Agenda and draft minutes

Please note this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method.  Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on.  By entering the ‘meeting room’, you are consenting to being filmed and to the possible use of those images and sound recordings.

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 notice of filming at 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 were no items of urgent business.

There were no declarations of interest.

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

Ms Daliah Barrett, Licensing Team Leader, introduced the report as set out and informed the Sub-Committee that the application sought approval for:

•              Regulated Entertainment as Recorded Music from Monday to Sunday 1100 to 2300 hours.

•              Supply of Alcohol from Monday to Sunday 11:00 to 23:00 hours.

•              The opening hours to the Public from Monday to Sunday from 11:00 to 23:00 hours.

In considering the representations received and what would be appropriate for the promotion of the licensing objectives, the steps the Sub-Committee could take were:

•              To grant the application as requested.

•              To grant the application whilst imposing additional conditions and/or altering in any way the proposed operating schedule.

•              To exclude any licensable activities to which the application relates.

•              To reject the whole or part of the application

Members of the Licensing Sub-Committee were asked to note that they may not modify the conditions or reject the whole or part of the application merely because it considered it desirable to do so. It must be appropriate in order of Page 1 Agenda Item 6 Page 2 of 4 to promote the licensing objectives.

Ms Dolapo Alao (applicant) informed the Sub-Committee that:

•              This application was submitted to rectify an error in her initial application. The application was initially made to supply alcohol on and off the premises. However, the supply of alcohol would be limited to on the premises only and customers would not be permitted to take any alcohol outside the premises.

•              There were concerns around nuisance in the area. The installation of CCTV inside and outside the premises would help monitor nuisance, particularly outside the premises.

•              Customers were not respecting signages at the premises. The signs set out rules for customers which mentioned customers should leave quietly, not cause any nuisance or disturbance to the neighbours and customers should use the toilets before leaving the premises.

•              There were also concerns about the extended hours, so the operating hours were reduced from 11:00 - 23:00 to 12:00 – 22:00.

•              The premises managed an incident log to record all incidents and any crime on the premises.

•              There was also a complaints register to log any complaints received by residents and service users.

•              Some residents had raised their concerns around a new shop/business opening in the area as this would increase traffic and noise.

In conclusion, Ms Alao would like the Sub-Committee to grant the application as requested.

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

•              In terms of experience in working in the restaurant industry and licenced premises, she had previous experience in running a shop which was authorised to sell alcohol off the premises.

•              She had also completed the Personal Licencing Test and was aware of all the rules and regulations.

•              There were concerns around residential litter in the area. There were no litter bins available for some residents living in the surrounded flats which caused dumping in the areas around the  ...  view the full minutes text for item 6.

To consider an application for a new premises licence.

Ms Daliah Barrett, Licensing Team Leader, introduced the report as set out and informed the Sub-Committee that the application sought approval for:

•              Supply of Alcohol on the premises from Friday to Saturday 12:00 to 23:00 and Sunday 12:00 to 22:30.

•              The hours to be open to Public from Friday to Saturday were 12:00 to 23:30 and Sunday 12:00 to 22:45.

•              The Sub Committee noted that during the consultation period, the Noise officer had made a representation.

•              The premises was situated along a terrace of retail units and there was residential housing above and facing the premises.

•              The premises was initially licenced in February 2022.

•              The space at the front of the premises was a part of the public highway and does not belong to the premises. A pavement licence would be required if the premise had intentions on using this area for dining.

In considering the representations received and what could be appropriate for the promotion of the licensing objectives, the steps that the Sub-Committee could take were outlined as follows:

•              To grant the application as requested.

•              To grant the application whilst imposing additional conditions and/or altering in any way the proposed operating schedule.

•              To exclude any licensable activities to which the application relates.

•              To reject the whole or part of the application.

Members of the Licensing Sub Committee was asked to note that they may not modify the conditions or reject the whole or part of the application merely because it considered it desirable to do so. It must be appropriate in order to promote the licensing objectives.

Mr John Yianni (applicant) informed the Sub-Committee that:

•              He was not the DPS but was the Director of the business.

•              the variation on the hours were for an additional 30 minutes on Friday and Saturday with the closing time of 23:00. An additional 30 minutes on Sunday, with the closing time of 22:30. The opening times and licencing activity from Monday to Thursday would remain the same.

•              The extension requested was in line the with the usual restaurant licencing hours within the area and was seen as a standard closing times for restaurants in the local area.

•              The initial application did not include the new proposed time, this was due to factors including operational and staffing issues.

•              On Fridays and Saturdays, there were regular occurrences of customers wanting to dine for an extra 30 minutes. The customers were told they were not able to stay longer due to the current licensing agreement.

•              Since the opening of the restaurant, there had been no findings of any noise complaints from the police or any other commissioners.

In conclusion, Mr Yianni would like the Sub-Committee to grant the application as requested, without any additional conditions.

In response to questions, Mr Yianni informed the Sub-Committee that:

•              The Council’s Noise officers had requested a copy of the restaurant’s Noise Policy. This policy was not provided, and this was  ...  view the full minutes text for item 7.

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

There were no new items of urgent business.