Decision

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 amended as follows:

Late Night Refreshment 

Mon  23:00-00:00

Tue  23:00-00:00

Wed  23:00-00:00

Thu  23:00-01:00

Fri  23:00-01:00

Sat  23:00-01:00

Sun  23:00-00:00

Supply of Alcohol (On and Off Sales)

Mon  12:00-23:30

Tue  12:00-23:30

Wed  12:00-23:30

Thu  1200- 00:30

Fri  12:00-00:30

Sat  12:00-00:30

Sun  12:00-23:30

Opening hours

Mon  08:00-00:00

Tue  08:00-00:00

Wed  08:00-00:00

Thu  08:00-01:00

Fri  08:00-01:00

Sat  08:00-01:00

Sun  08:00-00:00

And the following conditions to be added to the licence:

·  Any alcohol sold for consumption off the premises shall be in a sealed container. 

·  All windows will be closed from 22:00 hours.

·  The Premises Licence Holder shall display in a prominent external location the telephone number and email address of the Designated Premises Supervisor for use by any Responsible Authority or any person who may wish to make a complaint about the operation of the premises.

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 the representations made by the Licensing Authority on the grounds of the prevention of public nuisance and the Police made representations on the grounds of the prevention of crime and disorder and public safety. It was noted that there were no other Responsible Authorities that made presentations. It was noted that the local resident had withdrawn their objection.

The Sub-Committee heard representations from the Applicant’s legal representative that it is a small business and they have offered a number of conditions to promote the licensing objectives. There is no evidence of crime and disorder. There are no local residents objecting to the application. The only Responsible Authority objecting to the application is the Licensing Authority. The premises are not in a cumulative impact area.

The Sub-Committee took into account that the terrace is closed from 23:00 and that the Applicant is seeking an extra hour on top of core hours. The Sub-Committee noted that the premises are intended to be a restaurant. However, the applicant has only sought to limit alcohol sales to table service.

The Sub-Committee heard representations from the Licensing Authority that

there is a potential for public nuisance with local residents nearby, and the licensing objectives could be undermined if sufficient mitigations are not put in place. Therefore they are seeking core hours under Policy LP3.

The Sub-Committee took into account that there will be no deliveries or takeaway. The Licensing Authority accepted the amended application and their main concerns are due to proposed hours having regard to Policies LP6 and LP3.

The Sub-Committee took into consideration that the premises has a capacity of 40 and they have been operating temporary event notices until 02:00. The Sub-Committee heard that the premises have been using barriers to prevent disturbance to the local residents across the canal. Also it was agreed that no dispersal policy would be required.

The Sub-Committee noted the security at the premises, and the premises have a pavement licence until midnight. The Applicant also agreed to having a condition about providing contact details in case there are any issues.

After considering all the representations presented to them the Sub-Committee felt that by reducing the proposed hours agreed with the Applicant and by adding the above conditions that the licensing objectives would not be undermined.