Agenda and minutes

Apologies were received from Cllr Mughal who was substituted for by Cllr Beacham.

Apologies were received from Cllr Dobbie who was substituted for by Cllr Patel.

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 at Item 7 below).

There were no items of urgent business.

A member with a personal interest in a matter who attends a meeting of the Authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

A members with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest.

There were no declarations of interest.

The Chair will explain the procedure that the Committee will follow for each of the hearings considered. A copy of the procedure is attached

The Chair explained the procedure for Licensing hearings under the Licensing Act 2003 to the applicant and the objectors.

To consider an application to provide licensable activity in the form of the sale of alcohol, late night refreshment and regulated entertainment.

The Licensing Officer (Ms Barrett) introduced the report relating to the application for a new premises licence to serve late night refreshment until 5am lodged on behalf of the Salonica Café. There would not be being alcohol served at the premises.

The applicant submitted late evidence to the hearing, in the form of a letter from J & H Licensing Consultants. The evidence was accepted by the Chair and tabled.

The objectors addressed the meeting. They were concerned about noise being emitted from the lightwell near the café’s outside toilets. Those living in the flats above the café and above the jewellers’ next door were disturbed by noise at night-time.

Mr Sygrave, on behalf of the Ladder Community Safety Partnership, informed those present that there had also been objections voiced by the 3 ward councillors and by the local MP. He also mentioned that, previous meetings of Licensing Sub-Committees, had refused late licenses on several occassions for areas between the railway bridge and Turnpike Lane.

The applicant mentioned that his clients tend to be older men. Many were over 50. As such, he stated they were unlikely to cause disturbances. He said that noise pollution in the area was often caused by others who were standing in the street and milling around, not by his customers. He also stated that he would not be playing music. In his opinion, the noise generated by the café would thus not be great.

Cllr Patel enquired as to whether the premises was currently open late. The applicant stated that, as the premises did not serve alcohol, until the 2003 Act came into effect there were no licensing rules restricting his opening hours and so he sometimes kept the premises open until late.

Concern was expressed about the outdoor toilet area and the fact the back door of the café was kept open to allow access to this. This was thought to be a major reason why noise was being transmitted. The officer from Noise Team present at the meeting concurred.

RESOLVED:

Having considered the representations made, the Sub-Committee resolved to grant the application subject to the closing time being 2 am on every night.

As an informative, the Sub-Committee urges the applicant to take measures to enclose the way to the toilet area to prevent the transmission of noise. Up until the toilet area is enclosed, then the door must be kept closed except for access purposes.

In addition, there is a condition that the applicant complies with the provisions of the operating schedule.