Decision

The decision of 13th August 2024

The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing 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; and

• The protection of children from harm,

The application for 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 hours of licensable activity to be modified as follows:

Supply of Alcohol (On the Premises)

Mon 09:00-22:30

Tue  09:00-22:30

Wed 09:00-22:30

Thu  09:00-22:30

Fri  09:00-23:00

Sat  09:00-23:00

Sun  10:00-22:00

Non-Standard Hours: 23:00 on Sundays immediately before Bank Holiday Mondays

Opening hours

Mon  09:00-23:00

Tue  09:00-23:00

Wed  09:00-23:00

Thu  09:00-23:00

Fri  09:00-23:30

Sat  09:00-23:30

Sun  10:00-22:30

Non-Standard Hours: 23:00 on Sundays immediately before Bank Holiday Mondays

Amended conditions in the Licensing Report:

·  Amend condition 18 to read as follows:

"No deliveries to the premises shall take place between 19.00 and 08.00 on the following day".

·  Amend condition 32 to read as follows:

"There shall be no events held at the premises where alcohol is sold and persons have paid an admission fee for the primary purpose of visiting the premises for a live music performance".

·  Amend condition 40 to read as follows:

"There shall be no more than: 8 Events per calendar month for the months of January to November and 10 Events for the month of December".

·  Amend condition 41 to read as follows:

"Substantial hot food shall be available at all times and shall be provided as a condition of all Large Event bookings".

And the following condition shall be added to the premises licence:

There shall be no DJ led entertainment at the premises nor any music played by DJs.

Reasons for the decision

The application for a 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 took into consideration that there were 92 representations from local residents of which 44 representations were made objecting to the application and 48 representations were made in support of the application.

The Sub-Committee also noted that the Environmental Protection Service withdrew their objections following agreed conditions with the Applicant. The Sub-Committee noted that there were no objections from the other Responsible Authorities including the Police and the Licensing Authority.

The Sub-Committee heard representations from the Applicant’s legal representative that they had robust conditions, that customers will have substantial meals, there will be no DJ led events and they have Class E Planning Permission. The Applicant felt the premises will improve the area and they want to work with local residents.

The Sub-Committee heard representations from the Applicant that an event on the 5th of July 2024 should have been a dry hire event. The event was until 22:00 hours and the premises closed by 22:30. The premises have had no incidents since that event, and they have a Dispersal Policy. The Applicant takes full responsibility. They have new management to ensure the problems do not occur again. The Designated Premises Supervisor will be on site with the team.

The Sub-Committee heard the representations and concerns of the local residents objecting to the application on the grounds of the four licensing objectives. This included the impact of noise nuisance on residents who live close to the premises.

The Sub-Committee when making their decision took into consideration the number of events each month, the operating hours, how the night time economy would be affected, and that substantial food should be served. They noted the problems that occurred with the event in July 2024. The Sub-Committee were concerned about the noise breakout, and the impact on local residents in close proximity to the premises. The Sub-Committee felt reassured that there would be no DJ-led events or deliveries after 19:00. Although it is noted that due to deregulation conditions related to live music and recorded music may be suspended between the hours of 08:00 and 23:00.

The Sub-Committee took into consideration that the local residents were not persuaded by the representations made by the Applicant and their legal representative. The Sub-Committee noted that the local residents felt the premises were not a suitable location and did not have confidence in the premises. The Sub-Committee noted concerns from local residents about noise nuisance late at night.

The Sub-Committee took into consideration representations in support of the Application that the church, a Grade II listed repurposed building, can be put to good use. The Sub-Committee noted that the Applicant has offered a free event space and supported the children in the community and community groups. to create partnerships in the area. The Sub-Committee noted that there was significant support for the premises.

The Sub-Committee considers each application on its own merits.

The Sub-Committee was satisfied with the agreed conditions, the reduced hours that would help the premises operate safely and responsibly, and would mitigate the impact on the area and on the local residents.

Having taken all of the above factors into consideration the Licensing Sub-Committee was satisfied that this application could be approved without the licensing objectives being undermined.

Public Informative

1. The Premises Licence Holder is advised to provide an up to date Fire Risk Assessment to the Licensing Authority. 
2. The Premises Licence Holder is advised to monitor the noise and public nuisance from the operation of the premises and how it impacts local residents living in close proximity to the premises.
3. 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 and conditions.
4. 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.
5. 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.