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RESOLVED:
 
The Decision of 15th
October 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 Policy and the proposed conditions set out in paragraph
8.1 of the report, with the following amendments:
 
· 
The hours for licensable activities at the premises, shall be:
 
Sale of Alcohol (on
the premises)
 
Standard Hours
 
Sunday to Tuesday    11:00 -
22:00
Wednesday to Saturday  11:00 - 22:30
 
Non-Standard Hours
Sundays before bank holidays: 11:00 - 23:00
 
Opening hours of the
premises 
 
Monday to Saturday    08:00 - 23:00
Sunday  
  
08:00 - 22:00
 
 
Non-Standard Hours Sundays before bank holidays:
08:00 - 23:00
 
· 
Remove remove duplicate conditions 18,
19,20 and 21
 
· 
Remove Late night refreshment from the Application.
 
· 
Amend Condition 11 to read as follows:
 
"The Premises Licence Holder
shall ensure that a member of staff shall monitor the front of the
premises and any queue to enter the premises which forms outside
the premises is orderly and supervised at all times".
 
· 
Amend Condition 17 to read as follows:
 
"No refuse and/or bottles are
to be placed in external receptacles or in areas outside the
premises between 21:00 and 08:00 ".
 
· 
Amend Condition 26 to read as follows:
 
"Alcohol shall not be sold,
supplied, or consumed on the premises otherwise than to persons who
are taking or about to take substantial seated table meals and that
the consumption of alcohol by such persons is ancillary to taking
such seated table meals. The supply of alcohol shall be by waiter
or waitress service only".
 
And the following conditions:
 
· 
From 22:00 the outside area of the premises shall be
closed. 
 
· 
All Windows and external doors shall be closed at 22:00.
 
· 
The Premises License Holder shall implement a smoking area limited
to 10 smokers at any one time.
 
· 
The Premises Licence Holder shall submit a written Dispersal Policy
to be approved by the Licensing Authority and the Police. The
approved Dispersal Policy shall be implemented at the premises. All
staff shall be briefed on this Dispersal Policy. A copy of the
policy shall be kept on the premises and shall be produced to a
Police officer or other authorised officer upon request.
 
· 
The Premises Licence Holder shall submit a written Crowd Management
Plan to be approved by the Licensing Authority and the Police. The
approved Crowd Management Plan shall be implemented at the
premises. All staff shall be briefed on this Crowd Management Plan.
A copy of the Crowd Management Plan shall be kept on the premises
and shall be produced to a Police officer or other authorised
officer upon request.
 
· 
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.
 
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 took into consideration
representations from the Licensing Authority on the grounds of
public nuisance. It was noted that the Environmental Enforcement
Service agreed to conditions with the Applicant and withdrew their
objection. The Sub-committee noted that there were no other
objections from other Responsible Authorities.
 
The Sub-committee took into consideration that
the Licensing Authority objected to the hours, which have been
reduced, and the impact on local residents. It was noted that the
Licensing Authority asked for a condition: for alcohol to be sold
ancillary to a table meal, and for clarification that the hours
have been approved by the Planning Authority 08:00 to 23:00.
 
The Sub-committee took into account that 32
representations had been received from and on behalf of local
residents objecting to the Application on the grounds of the 4
Licensing Objectives, and it was noted that 1 local resident
withdrew their representation after agreeing to the proposed
conditions.
 
The Sub-committee took into consideration that
Councillor Bramble represented over 10 local residents who are
concerned about the impact that late night promises will have on
the residential area. Councillor Bramble made representations that
It is not a one off situation. It is a concern that residents have
about the late night premises and the impact on the area
particularly anti-social behaviour and noise in the street late at
night.
 
The Sub-committee took into account Councillor
Bramble’s representations that the last temporary event
notice the local residents experienced a great deal of noise and
they wanted the license if granted to be within core hours. Most of
the premises in the area closed at 6 pm so having a late night
premises would have a detrimental impact on the local residents
late at night.
 
Councillor Bramble made representations
requesting that the Applicant do everything they can to mitigate
the noise coming from the premises and any antisocial behaviour and
public nuisance that will be caused by customers dispersing from
the premises late at night being loud after drinking. The
Sub-committee noted that the local residents requested that if a
license is granted that the premises do not open after 10 pm, and
that the premises closes 30 minutes early before closing to prevent
noise and public nuisance impacting local residence on
weeknights.
 
The Sub-committee took into consideration that
the local residents would like the area to be preserved without
late night public nuisance affecting their peaceful enjoyment of
the area. The local residents who had lived in the area for a
number of years had concerns about antisocial behaviour late at
night. The local residents made representations that it is a quiet
residential area and having a late night premises would increase
public nuisance and public disorder. The restaurant bar will
fundamentally transform the street which will have a negative
impact on the area. It was noted that one local residence has lived
in the area for over 20 years and their experience is that it has
been a quiet residential area.
 
The Sub-committee took into consideration that
local residents are concerned about the cumulative impact in the
area. Local residents made representations that it makes the area
less safe. They often get woken by rowdy behaviour, including
people knocking on our doors, shouting and singing late in the
evening and in the early hours of the morning.
 
The Sub-committee noted that local residents
would like the north end of the Mentmore Terrace to be considered as a special
policy area.
 
The Sub-committee took into consideration that
local residents after hearing from the Applicant’s legal
representative still had concerns about the late night hours, and
the reduction in hours did not do a great deal. It was noted that
the local residents maintained their objections and did not feel
that public nuisance concerns have been allayed by the proposed
hours and conditions The Sub-committee took into account that local
residents had concerns about the entrance and exit at Martello
Street. The local residents felt that the number of covers that the
restaurant will provide 100 is a substantial amount on that
street.
 
The Sub-committee took into consideration that
the representative for the management company for the residential
permit block of flats made representations that they object to the
application in its entirety, it is a residential area with daytime
economy and the hours of the operation are not appropriate for the
area. They contend that a substantial meal does not prevent
vertical drinking. It was noted that the management company wanted
the capacity of the restaurant to be reduced and they felt that
although the premises had not applied for regulated entertainment
it does not prevent noise and music being played.
 
The Sub-committee took into consideration the
Applicant’s representations that they are trying to provide a
service that was not there. The Applicant’s legal
representative made representations that the Applicant has agreed
conditions and will operate the premises responsibly. There will be
no queues as it is a small business and a small period of time. If
the restaurant was full, there is a holding area to deal with that
and any queueing outside of the premises will be supervised. The
Applicant has management procedures that will be followed by
members of staff. A member of staff will be supervising the
premises from the entrance door through to the restaurant. The
Applicant’s legal representative contended that the crime
stats cannot be attributed to the premises.
 
The Sub-committee took into consideration the
Applicant has an open door policy for local residents to make any
representations or concerns about the operation of the premises.
The Sub-committee took into account that the Applicant is an
experienced operator with five restaurants and they have residents
living above those premises. It was noted that the Applicant
intended to run the premises as a neighbourhood restaurant.
 
The Sub-committee took into consideration that
the residential flats overlook the premises. In particular, the
flat above would be affected by customers coming and going. The
Sub-committee took into consideration that the local residents made
representations that they do not want a nighttime economy and the premises should operate
as a small daytime venue. Having considered all the representations
and concerns raised by local residents the Sub-committee felt that
the conditions added to the premises licence would mitigate those
concerns. The Sub-committee noted that the premises are not
appropriate for SIA conditions.
 
The Sub-committee took into consideration that
each application is considered on its own merits.
 
Having taken all of the above factors into
consideration the Sub-committee was satisfied that by granting this
premises licence the licensing objectives would not be
undermined.
 
Public
Informative
 
1. 
The Premises Licence Holder is encouraged to work with local
residents and the Responsible Authorities to prevent any public
nuisance or negative impact in the area.
 
2. 
The Premises Licence holder is encouraged to use sustainable
cutlery, plates, cups, food containers, and recyclable disposable
materials and to avoid using single-use plastic disposable
items.