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.  Although we ask members of the public recording, filming or reporting on the meeting not to include the public seating areas, members of the public attending the meeting should be aware that we cannot guarantee that they will not be filmed or recorded by others attending the meeting. 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 and using the public seating area, 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.

RESOLVED

·         That the Chair’s announcement regarding the filming of the meeting for live or subsequent broadcast be 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.

RESOLVED             

·         That the procedures be noted.

To consider an application for a new premises licence.

The Committee carefully considered the application for a new premises licence, the representations of the Enforcement Response team and Licensing Authority as responsible authorities, the applicant, Cllr B Blake and a local resident who objected to the application and the Council’s Statement of Licensing Policy and the s182 guidance.

The Committee resolved to grant the application as follows:

Live music

Monday to Sunday  1000 to 0000

Recorded music and facilities for making music

Monday to Sunday  1000 to 0130

No amplified music at any time

Late night refreshment

Monday to Sunday  2300 to 0200

Supply of alcohol

Monday to Sunday  1000 to 0130

For consumption on the premises

Opening hours

Monday to Sunday 0700 to 0200

And subject to the following conditions:

·         Live music is to be restricted to no more than two artists performing at any one time and the performance of music shall be located in the front part of the premises not beyond the stairs to the mezzanine floor. No amplified music at any time or live music after midnight.

·         The provision of alcohol to be solely as an ancillary to the service of meals.

·         The doors to the conservatory area to the rear of premises to be closed at 2300 each day with no customers permitted to enter/exit from this area except as required as an emergency exit route.

The Committee considered that the licensable hours were in keeping with those of similar establishments in the locality and that the concerns raised by residents regarding the potential impact that longer opening hours would have on them were valid. In particular, the licensing objective relating to the prevention of public nuisance would be less likely to be upheld since noise emanating from the premises so late at night would disturb residents living nearby and have a detrimental impact on their quality of life.

The Committee approached its enquiries with an open mind and only made its decision after having heard from all parties and considered the licence conditions to be imposed above to be an appropriate and proportionate response to those representations that were put before it.

To consider an application for a premises licence review brought by a local resident.

The Committee carefully considered the application for a premises licence review, the representations of the Enforcement Response team, the applicant, representatives for the premises licence holder, the Council’s Statement of Licensing Policy and the s182 guidance.

The Committee resolved to modify the premises licence as follows:

Supply of alcohol

Sunday to Wednesday       1000 to 0000

Thursday                               1000 to 0100

Friday and Saturday            1000 to 0200

Films, indoor sporting events

Sunday to Wednesday       1000 to 0000

Thursday                               1000 to 0100

Friday and Saturday            1000 to 0200

Live music

Friday and Saturday only   1000 to 2300

No further restrictions imposed on the hours for the playing of recorded music for background. For the avoidance of doubt, the levels should not be above normal conversation levels.

Provision of late night refreshment

Sunday to Wednesday       2300 to 0000

Thursday                               2300 to 0100

Friday and Saturday            2300 to 0200

The opening hours of the premises:

Sunday to Wednesday       0700 to 0030

Thursday                               0700 to 0130

Friday and Saturday            0700 to 0230

New Years Eve opening hours from the start of permitted hours on 31 December until the start of permitted hours on 1 January.

Additional hours on the days listed below only:

1 January – 1hr, 14 February (Valentines Night) – 1 hr, Burns Night – 1 hr, 1 March (St David’s Day) – 1hr, 17 March (St Patrick’s Day) - 2hrs, Easter Sunday - 1 hr, Easter Monday – 1 hr, May Bank Holiday (1^st) Sunday prior – 2 hrs, Bank Holiday Monday – 1hr, May Bank Holiday (2^nd) Sunday prior – 2 hrs, Bank Holiday Monday – 1 hr, August Bank Holiday Sunday prior – 1 hr, Bank Holiday Monday – 1 hr, Halloween – 2hrs, Christmas Eve – 2 hrs, Boxing Day – 2 hrs, 27 December – 2 hrs, 28 December – 2 hrs, 30 December – 2 hrs. Opening times for additional hours listed not to exceed those permitted by planning conditions.  

Subject to the following conditions:

·         All doors and windows will remain closed during the licensed regulated entertainment activities or in any event after 11pm. The entrance door will be fitted with a self-closing device and staff required to ensure that it is not propped open. A member of staff shall be made responsible to ensure the door is opened for as brief a period as possible. Where necessary, adequate and suitable mechanical ventilation should be provided to public areas.

·         Regulated entertainment activities other than live music shall conclude 30 minutes before the premises is due to close to prevent excessive noise breakout as the premises empties.

·         All speakers to be mounted on anti-vibration mountings to prevent vibration transmission of sound energy to adjoining properties.

·         The licensee shall ensure that no music played in the licensed premises after 2300 is audible at or within the site boundary of any residential property.

·         All regulated entertainment amplified activity will utilise the in-house amplification system, the maximum output of which is controlled by the duty manager.

·         The level  ...  view the full minutes text for item 11.

None.