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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; 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 Policy and the proposed conditions set out
in paragraph 8.1 of the report, with the following additional
conditions:
 
· 
The Sub-committee approved the application seeking to authorise the
supply of alcohol for consumption on the premises, late night
refreshment and regulated entertainment comprising plays, films,
live music, recorded music, performance of dance and anything of
similar description on Monday to Sunday as applied for regulated
entertainment, and conditions as set out in the report. The hours
of licensable activity applied for were approved without
amendment.
 
The following conditions to be added
to the Premises Licence:
 
· 
The Premises Licence holder shall maintain a dedicated contact
telephone number and email address that must be available at all
times to all local residents, the Environmental Health Officers,
the Licensing Authority, the Police, and any responsible authority
or any person wishing to make a complaint. These contact details
shall be included on the website of the premises and on display at
the premises.
· 
The Premises Licence holder shall hold and publicise 2 liaison
meetings each year (at least every 6 months) with local residents
to address any concerns or complaints about the premises from local
residents to prevent public nuisance.
 
Reasons for the
decision
 
The application for a premises
licence has been approved because the Licensing Sub-committee was
satisfied that the licensing objectives would not be
undermined.
 
The Sub-committee approved the
application as applied for regulated entertainment, late night
refreshment and supply of alcohol for consumption on the premises
Monday to Sunday and conditions as set out in the report with the
above additional conditions agreed by the Applicant to be added to
the premises licence. The hours of licensable activity applied for
were approved without amendment.
 
The Sub-committee took into
consideration that there were no objections from Responsible
Authorities. 
 
The Sub-committee took into
consideration that there were representations made by 7 Other
Persons (local residents of Cosmopolitan House). The Sub-committee
noted that the local residents maintained their objections to the
club part of the premises only, and the local residents were not
persuaded by the Applicant’s representations. The
Sub-committee noted that the local residents had no objections to
the application made by the hotel (Item 7 on the agenda).
 
The Sub-committee took into account
that local residents made representations that there was no
consultation on this application and that they had tried to contact
the Environmental Protection Team, however, they were unable to get
hold of them to check the noise limit. The local residents felt
that there was no support provided for them when there were issues
of noise nuisance. The Sub-committee noted that one resident
complained of noise nuisance on the 29th of September 2023. The
Applicant made representations that they were not aware of noise
complaints in September 2023. It was noted that the rooftop is now
run by a different operator.
 
The local resident made
representations that they were objecting on the grounds of noise
nuisance. The previous owner had agreed to ambient sound so that
they could have a conversation in their homes and not be disturbed
by loud music or noise late at night. The local residents felt
there was a lack of transparency on the change of use of the club
premises.
 
The local residents made
representations about the impact of the noise on them and they felt
the Applicant had not taken into consideration such impact. Some of
the local residents had lived in the area for a number of years and
were aware about the noise, pollution and antisocial behaviour that
has occurred in the area which has worsened over time and has
affected children and families that live in the area. The local
residents felt the Applicant had not taken into consideration the
impact of noise on them.
 
The Sub-committee took into
consideration the Applicant’s representations made by their
legal representative that the applications for agenda items 6 and 7
were for the premises that is split into two parts: (1) a private
members club, (2) a hotel. There will be no change of use and that
there would be two tenants in the premises. Each of the two
separate parts will be operated by two different operators and they
each will require a separate premises licence. Since mid December
2023 the premises has been operating using the existing premises
licence and Temporary Event Notices. There were no issues
arising.
 
The Sub-committee noted the
Applicants legal representative contended that this application was
intended to make the operation of the premises more transparent for
each part of the premises to have its own licence, and to make it
more easy to enforce should there be any breach of the premises
licence.
 
The Sub-committee took into account
the Applicant’s made representations that they were clear
that they were applying for a nightclub. It was previously a
nightclub, and it was being licensed again for use as a nightclub
by the new tenant. The nightclub will be situated in the basement
of the premises and the rooftop area was used as a restaurant
previously. There is no change of use or change of conditions for
each area that they are applying for a licence.
 
The Sub-committee noted the purpose
of the rooftop has changed. The rooftop has a swimming pool and a
restaurant and they serve alcohol after 18:00. The Applicant
confirmed that the existing licence does not permit music late at
night and that they have been operating under the existing licence
conditions since December 2023.
 
The Applicant contended that there
was no consultation with local residents beyond statutory
requirements. There was nothing new about the premises that
required consultation. The Sub-committee took into consideration
that the Applicants wrote to local residents, however, only one
wrote back to them. The Applicant received no complaints. The
Applicant agreed to a condition to meet with the local residents to
deal with any issues arising at the premises.
 
After hearing from the
Applicant’s legal representative, the Applicant and local
residents, the Sub-committee was satisfied with the conditions on
the licence and that the premises would not add to the cumulative
impact in the area. The Sub-committee took into consideration that
the applicant was an experienced operator. 
 
The Sub-committee were also concerned
about the lack of engagement with local residents and hope that the
Applicant will work with local residents in the future. The
Sub-committee took into consideration that there were strict
conditions 30, 31 and 32 on the use of the rooftop and that there
was no use of the rooftop after 22:00 which would prevent noise
nuisance. The Sub-committee hopes that the meetings every six
months with local residents may help resolve any issues arising at
the premises.
 
The Sub-committee was mindful of the
Applicant being able to use their existing licence and decided to
grant the two new licences.
 
The Sub-committee took into
consideration that the Applicant needed to comply with acoustic
noise conditions to prevent public nuisance.
 
The Sub-committee took into
consideration that the premises had used their existing licence
since December 2023, and used Temporary Event Notices which had
been used without incident.
 
The Sub-committee took into account
that the Applicant made representations that they cannot move the
smoking area for health and safety reasons.
 
The Sub-committee took into account
that should there be any breach of the conditions of the premises
licence that local residents can apply for a review of the
licence. 
 
Having taken all of the above factors
into consideration, the Licensing Sub committee was satisfied, when
granting the application for a premises licence, that the licensing
objectives would not be undermined.
 
Public Informatives:
1. The Premises licence holder is
advised to obtain an Acoustic report and work with the
Environmental Protection Team to resolve noise nuisance issues
affecting local residents.
2. The Premises Licence holder is
encouraged to work with local residents and the Responsible
Authorities to reduce noise nuisance, and prevent any negative
impact in the area.
3. The Premises licence holder is
reminded about staff smoking outside of the premises, and to
prevent any nuisance caused by the smoke to local residents.