Agenda and minutes

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Noted

To receive any apologies for absence.

None

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

A member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

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Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct

None

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003.

Noted

To consider an application for a review of a premises licence.

Daliah Barrett, Licensing Officer, introduced a report which detailed the application and accompanying submissions for a review of the premises licence, as set out in the agenda pack.

The premises had operated as a wine bar under a Premises Licence for years

but had received a number of complaints from nearby residents who were

adversely affected by noise nuisance. It is also alleged that the venue had

operated beyond its permitted hours thereby giving rise to further complaints

of noise and disturbance. Council records showed that there were 28 complaints received during 2019. A warning letter was served in 2019 and again on 21st May 2021.

The Committee was directed to page 43 of the pack, which showed a photograph of tickets for an event at the premises on 20^th July 2021 which was advertised as taking place until 5am. The Licensing Officer advised the Committee that no Temporary Event Notice (TEN) was issued for this date and consequently the went significantly beyond its permitted closing time of midnight. A further application for a TEN was made on 15^th August during the course of this review process, which was refused following objections by the Police and the Noise Officer.

The Committee queried the opening hours of the premises as per the license which were 12:00-23:00 on weekdays and 12:00-00:00 on weekends, against the original planning conditions on the hours of operation for the property which were 09:00-23:00. The Licensing Officer commented that any breach of the planning conditions was a separate consideration. Following a subsequent consultation with the duty planning officer, it was confirmed that the hours of operation set out in the planning conditions were 09:00-23:00. However, the Committee should concern itself with the hours of operation set out in the Premises Licence.

In response to a question, the Committee was advised that an application for a TEN was available to anyone, including existing licence holders who wanted to put on an event that went on for later than their permitted hours of operation. In objecting to a TEN application, only the Police and Noise Officer were able to submit objections, this was not something the public could do.

The applicants, Ms S Raithatha & Ms P Raithatha, presented their evidence to the Committee as set out in the agenda pack. In summary, the applicants advised the Committee that they, along with their elderly parents had suffered years of nuisance emanating from the premises, which involved multiple different owners of the business going back over a period of more than ten years. The applicants set out that their home was located above the premises, and they were unduly impacted by excessive noise levels and associated ASB, such as public urination, smoking, arguments and people congregating outside the premises at unsociable hours. It was commented that these incidents went on until very late during the weekends and that this resulted in the family not being able to sleep.  The applicants suggested that the premises went beyond its permitted hours  ...  view the full minutes text for item 13.

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

N/A