Agenda and draft minutes

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Noted.

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 deal with at item 8 below).

None.

None.

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003.  A copy of the procedures for a new premises licence (for the determination of item 6) and a review (for the determination of item 7) are attached.

The Chair outlined the procedure to be followed.

Note – the agenda was varied to take item 7 before item 6.  The minutes follow the order of the agenda.

To consider an application for a new premises licence.

Daliah Barrett, Licensing Officer, introduced the application for a new premises licence at Bones and Pearl.  Ms Barrett informed the Committee that the applicant had requested to submit some late evidence – the Chair refused the request.

The application was for a new premises licence, to include sale of alcohol, regulated entertainment and Late Night Refreshment.  Representations had been received from Enforcement Response, Building Control, Licensing, Police and Interested Parties.  The applicant had agreed to all of the conditions requested by authorities.

Caroline O’Donovan and Richard Clarke, Interested Parties, outlined their representation against the application.  The premises was in a predominantly commercial area, and there were concerns for public safety due to the large vehicles entering and existing the area.  The premises was directly on the road, which could potentially cause issues for people leaving the premises.  From previous experiences when Temporary Event Notices had been issued, there had been issues of crime and disorder and public nuisance – property had been broken into, people had urinated in the streets, damage to vehicles, bottles and cans left in the streets, and abuse to night security.

There was no objection to the use of the space as an arts venue, but it was appropriate to be used as a licensed venue.

Jack Latimer, Applicant, presented the application for a premises licence.  He held a personal licence, and would be the Designated Premises Supervisor.  In response to the statements made by the Interested Parties, Mr Latimer advised that there was another licensed premises in the vicinity (Cravin Coffee), and that the area as a whole was a thriving arts community with licensed establishments.  The premises would not be a nightclub, and any events would be run in a responsible way.  The premises did not open directly on to the road, but onto a private courtyard, so there would not be a risk of patrons leaving the venue directly on to the street.

Mr Latimer referred to past events held at the premises, and advised the Committee that no complaints had been received.  The premises had CCTV both inside and outside, there was an incident log book, and there had never been a refusal of any TENs requests in the past.

In response to questions from the Committee, Mr Latimer advised that he had accepted the conditions put forwards by all of the Responsible Authorities.  He advised that there were 25 private rooms at the premises which were hired out for work spaces, and for this reason, the premises would never be used as a nightclub.

Ms O’Donovan referred to an incident which had occurred 6-8 years ago when the premises had operated as a nightclub, where a shooting had occurred.  Although she accepted that the premises was not the same, she wanted to inform the Committee about incidents that had occurred.  Michelle Williams, Legal, advised that all incidents referred to must relate to the current premises licence.

All parties summed up their submissions and the Committee adjourned to consider the decision.  ...  view the full minutes text for item 14.

To consider an application for a premises licence review brought by the

Enforcement Response team as a Responsible Authority.

Daliah Barrett introduced the report for a review of the premises licence at Esplanade Club, as requested by Enforcement Response.  There had been incidents of public nuisance and the premises did not appear to be correctly managed.  Ms Barrett outlined the options available to the Committee – to modify the licence, remove the DPS, suspend the licence, or revoke the licence.

Ms Barrett provided some background information on the premises.  Enforcement response had visited the premises in July 2015 to investigate noise complaints.  The manager was not on site, and so a follow up visit was arranged for 18 July 2015, along with the Police.  The manager was spoken to in relation to the incident, and a warning letter was sent.  Further visits to the premises found that it was operating outside of the permitted hours.  During a visit it was found that the rear shutters (fire exit) had been obstructed by the neighbouring premises, and as a result, the Fire Authority had reduced the capacity of the premises to 60.

Derek Pearce, Enforcement Response Team Leader, presented the application for a review of the premises licence.  The premises was permitted to open until 0230 Friday – Sunday, and a number of complaints had been made in relation to noise from the premises.  Mr Pearce stated that it was the view of Enforcement Response that the licence holder did not take account of the licensing parameters and the effect that his premises had on local residents.  A visit had been carried out in July, and a warning letter sent to the premises licence holder outlining the breaches of the licence.  A visit in September found further breaches, and another warning letter was sent.  A further visit found the premises to still be open at 0405, and another warning letter was sent.  On 22 October 2015, the premises licence holder accepted a simple caution, and paid costs in relation to the offences which had occurred on 26 and 27 September and 11 October.  Proactive visits were carried out on 23 and 31 January 2016, and licensable activities were found to be continuing after permitted hours.  The premises licence holder was notified of the intent to prosecute and on 6 April 2016 he pleaded guilty and was instructed to pay a fine and costs.  Officers received a complaint about noise on 18 July 2016 at 0230, and on visiting the premises, it was clear that licensable activities were taking place.  While observing the premises, the officer witnessed the shutters being pulled down, and loud music still continued.  Mr Pearce concluded by stating that there was no confidence in the management of the premises.

Stephen Pickering, Premises Licence Holder’s representative, responded to the application.  The premises licence holder, Mr Justin Edongba, had purchased the lease in June 2015, and since this time he had installed a sound limiter, only allowed smokers at the rear of the premises rather than the front, and had spoken with the neighbour to keep the fire exit  ...  view the full minutes text for item 15.

None.