Agenda and minutes

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 at item 7 below).

None received.

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 he commencement of that consideration, or when the interest becomes apparent.

A member 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 and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, license, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interest.

To approve the minutes of the previous meetings of the Licensing Sub Committee C held on 14 November 2006, 19 March 2008 and 10 April 2008.

The minutes of the Licensing Sub Committee C meetings held on 14 November 2006, 19 March 2008 and 10 April 2008 were agreed.

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Gambling Act 2005 or the Licensing Act 2003.  A copy of the procedure is attached.

Noted.

To consider an application by Rose Café to allow Regulated Entertainment, Provision of Late Night Refreshment and Supply of Alcohol at the above premises.

The Licensing Officer, Ms Barrett reported on the application in respect of Rose Café.  The Licensing Sub Committee C (the Committee) was asked to consider an application for a new premises licence for the provision of regulated entertainment, provision of late night refreshment and the supply of alcohol.

The Committee was informed that during the consultation the licensing authority had received representations from the Noise Team, Planning Officer and interested parties (residents) in respect of this application.

The Noise Officer addressed the Committee and advised that concerns about application premises open until 1:30 to 2:00am had lead to an increase in the receipt of noise reports.  It was considered that Licensees should take responsible action for their patrons.  Complaints were received from residents around the application premises about people gathering outside.  There was concern about noise insulation and that if live music was to be played at the premises adequate sound insulation needed to be provided. The Officer further informed the Committee that he had listed a number of recommended conditions within his representation.

The Committee enquired of the Officer, what sound insulation was required and what should be recommended.  In response the Committee was advised that it was likely that there was no sound insulation in the premises and this should be determined by an acoustic engineer.

The applicant’s representative requested a five minute adjournment in order to advise the licensing officer of proposed amendments to the application.

The meeting was adjourned at 7:25pm and reconvened at 7:30pm.

The licensing officer advised the Committee that the applicant had withdrawn his application for the provision of live music, performances of dance and the provision for making music and dancing.  The hours of operation had also been amended as follows:

Opening hours:                            Sunday – Thursday         07:00 ~ 23:00hrs

                                                      Friday – Saturday           07:00 ~ 01:00hrs

Sale of Alcohol:                           Sunday – Thursday         10:00 ~ 22:30hrs

                                                      Friday – Saturday           10:00 ~ 00:30hrs

Late night refreshment:               Friday – Saturday           23:00 ~ 01:00hrs

Provision for recorded music:   Sunday – Thursday         10:00 ~ 23:00hrs

                                                      Friday – Saturday           10:00 ~ 01:00hrs

The Committee advised the objectors there would be a further five minute adjournment in order for that they could consider the amended application.

The meeting adjourned at 7:35pm and reconvened at 7:40pm.

The Committee was informed that the objectors would continue to make representations.

The Noise officer advised that in light of the amended application, this addressed some of the previous concerns raised however, there would be no difference in the potential noise levels dependent upon what the premises would be used for as background music was permitted without a licence.  The licensing officer clarified the position in respect of background music and advised that it should not interrupt a conversation between two people.  If the level of music was above this, then the licensee would be in breach of their licence.

The Objectors addressed the Committee and were informed that the proximity of the flats in relation to the restaurant was very close.  People leaving the  ...  view the full minutes text for item 11.