Agenda item

To consider an application for a new premises licence.

Daliah Barrett, Licensing Officer, introduced the application for a new premises licence for the sale of alcohol and late night refreshment.  Representations had been received from local residents.  No representations had been made by any other Responsible Authorities.

John Rodger, local resident, outlined his representation against the application.  He lived above the premises, and informed the Committee that previous operations of the premises had not caused any nuisance to him or his neighbours.  The business proposed by the Applicants was drastically different to the previous grocers and fishmongers businesses, and he felt that there would be a danger to public safety and an increase in crime and disorder.  The premises had opened on 29 June, with 80 customers inside the premises, 30 customers outside, drinking and blocking the entrances to the properties above.  Mr Rodgers referred to the Socialite Bar which had previously operated in the area and raised concerns that these premises would operate in a similar manner.  He raised concerns over the capacity limits and dispersal policy.  Mr Rodgers added that he had already had to contact the noise enforcement team in relation to noise nuisance from building works, and also raised concerns that the building was not suitable for this kind of premises.

Clare Graham, local resident, echoed the comments made by Mr Rodgers, and added her concern that the use of the courtyard would impact on her day to day living.  Ms Graham advised that the courtyard was directly below her bedroom, and was concerned that any use of this area would result in noise disturbance to her.  She added that the entrances for the upstairs properties were next to the premises, which could potentially result in safety issues for residents coming in and out of the building.

Ms Barrett advised that the suitability of buildings was not a consideration under the Licensing Act 2003, and that if neighbours experienced any issues with sound travelling then they should contact the Council’s noise enforcement team.  She also advised that the Applicants had not applied for live or recorded music on the licence, however, the live music exemption meant that when a premises licence was granted, any premises could play live and recorded music between the hours of 0800 and 23.00.

Louis Cawson and Mohammed Said, Applicants, presented their application for a new premises licence.  Mr Said informed the Committee that the premises was designed to be a small, family oriented dining space.  They were confident that the premises would draw new people to the area.  Since taking over the premises, the courtyard had been cleared up and improved, however Mr Said informed the Committee and local residents that the courtyard would not be used by customers, and the door would remain locked and only be used for storage.  Mr Said informed the Committee of the test night carried out on 29 June (using Temporary Event Notices), and explained that lessons had been learned, with signage now being displayed, no drinks allowed outside (apart from on the licensed decking area) and no customers allowed outside after 22.00.  The venue was not going to be used as a live music venue, and any music played would be at a background level.

Ms Graham raised her concern over noise from the premises into her home.  She informed the Committee that she could already hear people talking, and was concerned that the noise would increase when there were 40-80 people inside the premises.  Mr Said responded by informing the Committee that he and Mr Cawson had requested access to Ms Graham’s property to check the levels, but without being able to do so, they would not be able to take any action to mitigate any potential noise disturbance.

All parties summed up, and the Chair informed them that the decision would be provided in five working days following the hearing.

RESOLVED

Friday to Saturday                           2300 to 0000 hours

Supply of Alcohol

Monday to Thursday                       1200 to 2300 hours

Friday to Saturday                           1200 to 0000 hours

Sunday                                              1200 to 2200 hours

For the consumption ON and OFF the premises

Hours open to the public

Monday to Thursday                       1200 to 2330 hours

Friday to Saturday                           1200 to 0030 hours

Sunday                                              1200 to 2230 hours

With an additional condition:

“The courtyard shall solely be used for storage by the premises, and only accessed during daytime operating hours”.

The Committee heard the representations by the local residents in opposition to the application, but felt that the Applicants had demonstrated their commitment to engaging with local residents and attempting to resolve any issues. The committee was only able to have regard to relevant representation and found the applicants proposals with respect to the premises, in particular how they planned to address the licensing objectives to be credible.

The committee approached its deliberations with an open mind and only made its decision after hearing the parties’ representations.  The committee considered its decision to appropriate and proportionate.