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 filming of meetings and this information was noted.  

Mr David Dadds, representing the applicant, stated that he felt that holding the meeting being held online was unlawful and should be held in person as he was unable to tell between who was observing or who was making a representation.

The Legal advisor to the meeting stated that holding Licensing Sub-Committee meetings online was legal and it was also legal for observers to attend and would be illegal for observers not be to allowed to attend. Those who were permitted to speak would be the only ones speaking as appropriate.

To receive any apologies for absence.

There were none.

There was no urgent business.  

There were no declarations of interest.  

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

The Chair provided a summary of the procedure for the meeting.  

To consider an application for a new premisis licence.

Upon opening the meeting, the Legal advisor stated that two representations in the agenda papers found on pages 29, 30, 31, 32 and 37 had been made outside the statutory period to submit representations and had been expanded upon on pages 1-14 in the additional papers. These must also be treated as having been submitted outside the relevant period. The Sub-Committee may not take into account these pages in their deliberations and no reference could be made to them by any speaking participants at the hearing. 

Presentation by the Licensing Officer

Ms Daliah Barrett, Licensing Team Leader, informed the Sub-Committee that:

·      This was an application for a new premises licence.

·      The application was seeking regulated entertainment Monday to Sunday 09:00 to 00:00, late night refreshment 23:00 to 00:00 and the supply of alcohol Monday to Sunday 09:00 to 00:00 on and off the premises.

·      The hours the premises would be open to the public Monday to Sunday 09:00 - 00:30.

·      The Sub-Committee had been provided with the operating schedule.

·      The premises had an existing premises licence.

·      The premises was previously subject to a hearing of the Sub-Committee on 21 August 2023.

·      Representations had been received from the Noise and Nuisance team and there were representations from residents.

·      The premises was situated along West Green Road and comprised of four shop units that had been made into one large overall venue that offered food and drink as well as shisha at the rear of the premises.

·      The orange-coloured area in the plan displayed where the shisha area was to be located.

·      The website for the business stated that the premises would serve new and unique Japanese cuisine specialising in innovative dishes, drinks, and shisha. The applicant stated that the area would have a retractable roof installed at the rear where shisha activity would take place.

·      The premises had operated under a premises licence since the 25 August 2023 and was open to the public prior to this date.

·      The new application was seeking to increase hours until midnight across the week and a later opening time for the use of the rear shisha area.

·      The application requested for the rear shisha area to operate until 00:00. On the current on the current licence, there was a condition requiring for that to stop before midnight so this would need to be a changed should the application be granted.

·      Photos and a copy of the menu could be found in the agenda papers.

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

·      Ms Jennifer Barrett would not be speaking at the meeting and Ms April Smart would speak to her representation.

·      The representation for Ms Imogen Walker could be found on page 35 of the agenda papers. 

Presentation by the applicant

Mr David Dadds, the applicant’s representative, informed the Sub-Committee that:

·      He would ask the Sub-Committee to note paragraph 2.1, 2.2 and 5.10 of the Licensing Policy.

·      This was a premises that was predominantly food led - a restaurant and lounge.  ...  view the full minutes text for item 6.