Content

RESOLVED:
 
The decision
 
The Licensing Sub-Committee, in considering
this decision from the information presented to them within the
report and at the hearing and having regard to the promotion of the
licensing objectives:
 
· 
The prevention of crime and disorder
· 
Public safety
· 
Prevention of public nuisance
· 
The protection of children from harm
 
The application to vary a premises licence has
been approved in accordance with the Council’s Statement of
Licensing and the proposed conditions set out in paragraph 8.1 of
the report.
 
· 
The Licensing Sub-committee granted the hours applied for on the
Licensing report to vary the premises licence for licensable
activity on Friday and Saturday.
 
· 
Remove live music and recorded music from the application.
 
And the additional conditions to be added to
the premises licence: 
 
· 
No vertical drinking permitted.
 
· 
A minimum of 1 SIA door supervisor to be employed from 20:00 until
close on Friday and Saturday. All SIA staff shall be easily
identifiable. They shall enter their name, address, SIA number and
times they begin and finish their shift in a daily register.
 
· 
The capacity of the premises shall be 50 persons at any one
time. 
 
· 
The Premises Licence Holder shall not use the basement for
licensable activity.
 
 
Reasons for the
decision
 
The application to vary this premises licence
has been approved, as members of the Licensing Sub-Committee were
satisfied that the licensing objectives would not be
undermined.
 
The Licensing Sub-Committee took into
consideration when making their decision that the variation related
to on sales only and not off sales, and that
the Premises Licence Holder will not use the
basement for licensable activity. 
 
The Sub-Committee took into consideration the
Environmental Protection Service and the Police made
representations on the grounds of the prevention of public
nuisance. The Sub-Committee noted that the Environmental
Enforcement Service withdrew their representation after agreeing
conditions with the Premises Licence Holder in advance of the
hearing.
 
The Sub-Committee heard the Premises Licence
Holder’s representations from their representative that the
premises is a Peruvian restaurant. The premises have table service
for a maximum 50 customers. The litter is managed in the area, and
the area outside is closed at 22:00. They have no vertical
drinking.
 
The Sub-Committee heard from the
representative for the Premises Licence Holder that for the last
three years there were 15 complaints of statutory noise nuisance.
The current operator has been operating for the last 15 months.
Live music is occasionally acoustic guitar and pan flute with no
other instruments or DJ’s. The Premises Licence Holder has
made arrangements to comply with the required noise installation
works and they are happy to work with Responsible Authorities.
 
The Sub-Committee took into consideration the
Premises Licence Holder’s representative made representations
that a noise limiter has been installed and they have good
communication with the local residents living above the
premises.
 
The Sub-Committee took into consideration that
the Premises Licence Holder agreed to train staff; they will have
SIA security on Friday and Saturday from 20:00 until the premises
close. The Sub-Committee noted the Premises has a tables and chairs
licence.
 
The Sub-Committee took into consideration the
representations from the Environmental Protection Service about the
history of noise complaints. The Sub-Committee noted from 2023 to
date there were 15 complaints loud enough to cause a nuisance to
local residents.
 
The Sub-Committee took into consideration that
the Environmental Protection Service was not satisfied that the
premises should extend live and recorded music until 02:00 due to
loud music allegations. The Sub-Committee noted that the premises
needed high installation to prevent noise breakout, and the
premises needed to be certified by an acoustic company to deal with
the noise issues that were difficult to control.
 
The Sub-Committee noted the Environmental
Protection Service was not satisfied with the Premises Licence
Holder’s representations. However, the Environmental
Protection Service was now satisfied that a noise limiter had been
installed.
 
The Sub-Committee decided after hearing from
the representative for the Premises Licence Holder, the Premises
Licence Holder, and the Environmental Protection Service to grant
the hours applied for on Friday and Saturday closing at 02:00. The
Sub-Committee felt that the above conditions addressed their
concerns about the premises.
 
The Sub-Committee also took into consideration
that the Premises Licence Holder agreed to remove live and recorded
music from the application, and agreed to insulate the premises to
prevent noise nuisance. The Premises Licence Holder agreed to play
music at background level.
 
The Sub-Committee noted that no Other Persons
or local residents made representations. The Sub-Committee took
into account that the Environmental Protection Service was content
with live and recorded music being withdrawn from the application,
and they were reassured with the number of customers.
 
Having taken all of the above factors into
consideration the Sub-Committee  was
satisfied that by granting this variation of the premises licence,
the licensing objectives would continue to be promoted.
 
Public
Informative
 
The Premises Licence Holder is encouraged to
continue working with the Environmental Protection Service to deal
with any issues arising at the premises and to prevent noise
nuisance.
 
The Premises Licence Holder is strongly
encouraged to use sustainable cutlery, plates, cups, food
containers, and recyclable disposable materials to avoid using
single-use plastic disposable items.