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RESOLVED:
 
The decision
 
The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing today has determined that having regard
to the promotion of all 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 refused in accordance with Licensing Policies LP1, LP2, LP3,
LP5 and LP12 within the Council’s Statement of Licensing
Policy.
 
Reasons for the decision
 
The Licensing Sub-committee, having heard from
the Licensing Authority and 3 Other Persons (local residents),
believed that granting the application would result in the
licensing objectives being undermined, and would have a negative
impact if the premises extended their late night refreshment
licence. 
 
The Sub-Committee took into consideration the
representations of the local residents who objected to this
application due the impact it would have late at night.
 
The Sub-Committee noted that the Police
withdrew their objection following discussions with the Premises
Licence Holder.
 
The Sub-Committee considered the
representations made by the Premises Licence Holder’s Agent,
and the Manager of the premises that they acknowledge the concerns
raised, however, there was no evidence of nuisance. The premises
are in a commercial parade and close to residential properties.
They have had no incidents. In mitigation, the premises have a
clean record and they want to be a responsible operator.
 
The Sub-Committee noted that the Premises
Licence Holder did not allay the concerns raised by the local
residents.
 
The Sub-Committee took into account the
Licensing Authority concerns that the hours are already beyond core
hours under Policy LP3. The Licensing Authority made
representations that operating until 05:00 is excessive and would
cause a disturbance to local residents. The Sub-Committee noted
that the premises were in the process of obtaining Planning
Permission.
 
The Sub-Committee heard representations from
the local residents that it is a densely populated residential area
with flats above and across the road. It was noted that the current
operators are operating their hours beyond their planning
permission.
 
The Sub-Committee heard representations from
two ward Councillors supporting local residents, and made
representations that the premises should not have later hours than
they already have due to the impact on the local residents in the
area if they are extended.
 
The Sub-Committee took into consideration that
there was no mitigation supporting their application, and there was
an increased risk of antisocial behaviour in a substantively
residential area on the edge of an estate.
 
The Sub-Committee took into account that the
premises have been operating for some time Monday to Thursday until
1 am and Friday and Saturday until 2 am
 
The Sub-Committee felt there were no
mitigating factors that would justify them granting the extended
hours until 05:00.
 
The Sub-Committee cannot take into
consideration financial circumstances as a reason to grant the
variation.
 
The Sub-Committee took into consideration when
refusing this application that each case is considered on its
merits. The Sub-Committee believed that the licensing objectives
could not be promoted by granting this variation application, and
as such believed it was appropriate to refuse the application in
its entirety.
 
Planning
Informative
 
1. 
The Premises Licence Holder is further reminded of the need to
operate the premises according to any current planning permission
relating to its use class, conditions and to regularise the hours
as required.
 
2. 
It also should be noted for the public record that the local
planning authority should draw no inference or be bound by this
decision with regard to any future planning application which may
be made.