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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 with the following amendments and additional conditions
to the premises licence:
 
Approved Variation
conditions as stated on the report: 
 
(1) Any off sales of alcohol are to be in
sealed containers, except for off sales to a maximum of 12 seated
customers in the designated seating area outside the premises up to
20:00 hrs on Sundays and 21:00 hrs on Mondays to Saturdays and
Sundays before Bank Holiday Mondays.
 
(2).There shall be
no open containers or drinks taken outside the premises at any time
except for off sales to a maximum of 12 seated customers in the
designated seating area outside the premises up to 20:00 hrs on
Sundays and 21:00 hrs on Mondays to Saturdays and Sundays before
Bank Holiday Mondays.
 
(3).Customers shall
not be permitted to smoke outside the premises on the northern side
of the premises entrance door.
 
Amendments to
premises licence:
 
· 
Remove conditions 28, 29, 30 (duplicate conditions)
 
· 
Condition 33 shall be amended to read as follows:
 
" The Premises Licence Holder shall organise
and publicise a meeting (online and/or in person) for local
residents to discuss the operation of the premises at least every 3
months and the premises email address shall be on display in the
shop window for anyone with concerns to contact the
premises”.
 
 
 
 And the following conditions to be added to the
premises licence:
 
· 
A member of staff shall regularly monitor the external area.
 
· 
Smokers shall not be permitted at any time to take drinks or glass
outside of the premises except if they are seated customers in the
designated area outside of the premises having a substantial table
meal. 
 
 
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 Sub-Committee decided to grant the
variation of the premises license and the conditions proposed to
use the outside area for 12 seated customers having a substantial
table meal. The Sub-Committee noted that the premises has a small capacity indoors of 25 covers to seated
customers and three staff, and is operating as a restaurant.
 
The Sub-Committee took into consideration the
representations from one local resident. The Sub-Committee noted
that the Licensing Authority withdrew their representation
following the submission of a revised site plan.
 
The Sub-Committee noted that the premises
is next to an active railway line and
there is regular noise from the passing trains. The Sub-Committee
took into consideration the Premises License Holder’s
representations made by their legal representative that sound
proofing was required for the flats above the premises to prevent
noise from the trains having an impact on the local residents.
 
The Sub-Committee took into consideration the
Premises License Holder’s representations made by
their  legal
representative that the Premises License Holder contacted the local
residents in 2024 about the trial use of the outdoor area. The
Premises License Holder contacted the local residents again in
early 2025 regarding the trial period and 12 local residents
confirmed that they supported the use of the outside area.
 
The Sub-Committee took into account the
representations that the Premises License Holder has been complying
with the condition to hold regular meetings with local residents.
In December 2024, the Premises Licence Holder met 10 local
residents. In the last two meetings only two people attended. The
Premises License Holder contended that they are committed to
working with the local residents and they have been proactive in
communicating on a regular basis. The Sub-Committee noted that the
local residents have been notified of further meetings and of this
variation application.
 
The Sub-Committee took into consideration that
a small number of people will be seated in the outdoor area. The
Sub-Committee took into consideration that the premises had a
number of temporary events without any known incident. The
Sub-Committee took into account that the proposed variation is
within Policy LP6 for the outdoor area.
 
The Sub-Committee felt customers should not be
outside smoking and drinking unless they were using the designated
outdoor area and having a meal with their alcohol.
 
The Sub-Committee took into account that the
outdoor area would not block the entrance to the residential block
next to the premises.
 
The Sub-Committee felt that the Premises
License Holder and their legal representative had addressed the
concerns about the residents' meetings. The Premises License Holder
agreed to amend conditions and was willing to work with local
residents to prevent noise nuisance. The Sub-Committee took into
account that the Premises License Holder was an experienced
operator with a diverse offering, and was a food led premises where
food was served with alcohol.
 
The Sub-Committee was satisfied that the
concerns of the local resident were addressed. The Sub-Committee
was satisfied that the premises is
operating as a restaurant and they are complying with their
substantial table meal condition.
 
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
 
1. 
The Premises Licence Holder is encouraged to continue working with
the local residents to deal with any issues arising at the premises
and to prevent noise nuisance.
 
2. 
The Premises Licence Holder is advised that music should be played
at background level at all times to prevent public nuisance and any
disturbance to local residence.
 
3. 
The Premises Licence Holder is advised to maintain a dedicated
email address that must be available at all times. These contact
details shall be included on any website of the premises and on
display at the premises.
 
4. 
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.