Agenda and minutes

There were no apologies for absence.

It being a special meeting of the Sub Committee, under Part Four, Section B, Paragraph 17, of the Council’s Constitution, no other business shall be considered at the meeting.

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 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, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

None received.

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

Noted.

To consider an application by local residents for a review of Bar Apogee.  The applicants are seeking a review with reference to the licensing objective of the prevention of public nuisance.

Under Part Four,  Section B, Paragraph 17, of the council’s Constitution, no other business shall be considered at the meeting.

Ms Dale Barrett, the Lead Licensing Officer, clarified at the start of the meeting whether Ms Anastasia Pieris, premises owner had received the letters from the applicants dated 9 and 10 November 2008.  In response the Ms Pieris confirmed she had received copies of the letters.

The Licensing Officer presented the statement in support of the review application and outlined that noise was the major problem throughout the history of the premises.  The Noise Team had provided a history of the premises since 15 April 2007.  The team had visited on several occasions which had resulted in the issue of warning letters and abatement Notices under the Environmental Protection Act 1990.   Representations had been received from the previous owner of the premises Mr John Macdougall, who lived on Park Road and had never heard any noise that could definitely be attributed to Bar Apogee.

Mr Danny Bull, applicant for the review, informed the meeting that he had attended the Committee previously in 2007 to make representations against the noise and object to the application for licensed entertainment and later opening hours.  A sound limiter had been fitted, however as he lived quite close to the bar, he could still hear noise and felt that the limiter was not doing its job.  Mr Bull further stated that on many occasions the bar had remained open well past its licensable hours, playing music and admitting patrons after hours.  Mr Bull also requested whether it was possible to impose some restrictions on the number of temporary event licenses granted.

Mr Tim Newcombe, applicant for the review, advised that the grounds for the review were set out in the application.  The applicants who had applied for this review had all attended the hearing in February 2008, as well as a number of local residents who had been disturbed by noise nuisance since Bar Apogee had started trading.  Mr Newcombe informed the Committee that the situation had not improved as they were still being disturbed, therefore they had no other option but to submit the review application.

Mr Slater, a local resident, addressed the Committee and agreed with his neighbours.  He had hoped that the recommendations of the Committee at  the last hearing in February 2008, would have been implemented so that residents could have some peace on a week day night.

Mr Goldie, another local resident, advised the Committee that at the last hearing in February, attempts had been made to blame the street noise on the Princess Alexandra Public House.  The Committee was informed that this public house had been closed for four months undergoing refurbishments and there had been no change to the noise in the street.

In response to questions from the Committee, the applicants and local residents stated that they wanted a review of the Bar Apogee building,  sound proofing and a reduction in the noise from music, by a decrease in operating hours.

Ms Barrett, at this point clarified that the licensee had applied to vary  ...  view the full minutes text for item 5.