Agenda item

Daliah Barrett, Licensing Officer, introduced the application for a Provisional Statement, and drew the Committee’s attention to the additional late documents.

Mr Duncan Craig, Applicant Representative, presented the application for a Provisional Statement.  He informed the Committee that the hours applied for had been amended and now reflected the hours on the existing premises licence.  He added that the Applicant had also accepted the conditions put forward by Enforcement Response as set out at page 133 of the agenda pack.  The application was for a provisional statement, and the Applicant was in the process of extending his existing premises into the neighbouring property. 

Mr Craig referred to the objections made by local residents in relation to noise nuisance from the existing premises, and informed the Committee that an acoustic assessment had been produced, which was available in the additional documents.  He explained to the Committee that the proposals in the report should deal with the concerns raised by local residents in relation to noise. 

Mr James Hart, Acoustic Consultant for the Applicant, explained to the Committee that he had carried out sound tests for the current and proposed conditions and had concluded that the current construction was inadequate.  He had recommended a design to the Applicants to mitigate sound transfer between the premises and neighbouring properties. 

Mr Craig referred to the hours applied for and explained that a closing time of 0100 was appropriate and proportionate given the nature of the premises.  He accepted that it was not fair on local residents to be disturbed by noise but pointed out to the Committee that the steps proposed by the Acoustic Consultant would mitigate this.

Robert Burrell, Interested Party, addressed the Committee in relation to his objection to the application.  He lived above the premises and experienced noise nuisance on a daily basis from the premises.  He had raised the issue with the Applicant on numerous occasions and the noise had not been reduced.  Mr Burrell stated that he was not against the application completely, but felt that until the suggested works had been carried out and proved to work against noise transmission, then no extension to the hours should be granted.

Mark Eastwood, Enforcement Response Officer, outlined his representation on behalf of the Noise Team.  He stated that it would not be appropriate to extend the opening hours beyond the current hours, and that if there were any further issues following the installation of sound insulation then it may be appropriate to install sound limiters.

Following questions from the Committee, Mr Burrell explained that he could hear noise from people talking in the restaurant into the early hours of the morning, and that any sound insulation work should be carried out regardless of the restaurant extension.

Mr Craig summed up by stating that there was a comprehensive and significant proposal to address the noise issues, and that granting a provisional statement meant that there would be another opportunity for the Licensing Authority to consider the application if any objections were made when it came to granting a full licence.

The Committee adjourned to consider the application, and informed all present that the decision would be provided in writing.

RESOLVED

The Committee carefully considered the application for a Provisional Statement, the representations made by Environmental Health, the Licensing Authority, and local residents, the representations made by the Applicant and his representative, the Council’s Statement of Licensing Policy and the Licensing Act 2003 s182 guidance.

Having heard the parties’ evidence, the Committee resolved to grant the application as follows:

Hours open to the public

Monday to Sunday                          0900 to 0030

Late Night Refreshment

Monday to Sunday                          2300 to 0000

Supply of alcohol

Monday to Sunday                          1100 to 0000

Supply of alcohol ON the premises only

The Committee resolved to add the following conditions:

-       Signage shall be placed outside the premises to remind patrons not to cause disturbance to local residents

-       Ashtrays shall be placed outside the premises for patrons smoking.

The Committee noted that the conditions as requested by Environmental Health had been accepted.

The Committee resolved not to allow the premises to sell alcohol OFF the premises.

With regard to the works to be completed at the premises in relation to sound insulation, the Committee requested that the completed works be checked by an acoustic engineer to ensure that there was a satisfactory reduction in the sound emitted from the premises.

The Committee requested that an inspection of the premises be carried out by a Fire Officer, and the report be provided to the Licensing Authority.

Informative

The Committee wished to remind the Applicant that it was their responsibility to comply with the conditions of their licence, and that any breaches in compliance could lead to a review being sought.

The committee only made its decision after having heard all the parties’ evidence and considered the decision to be appropriate and proportionate.

The Provisional Statement procedure enables the applicant to have an assessment made as to the feasibility of the proposed development being granted a premises licence for licensable activities upon completion of the building or works.

If a provisional statement is granted, applicants will still need to apply for a premises licence in the normal way before the premises can be used for any licensable activities.