Content

The decision of the Committee is to grant the
application subject to the conditions agreed with Northumbria
Police and the Licensing Authority.
 
 
The Committee in reaching its decision has
taken into account:
 
· 
The evidence before it both written and oral
 
· 
The relevant parts of the Council’s Statement of Licensing
Policy especially paragraphs 4.7, 5.1, 6.1, 6.2, 6.3, 7.3.1, 7.3.2,
7.3.4, 7.4.3, 7.12.1 – 3, 7.12.5 – 7 and 7.14
 
· 
The relevant parts of the Guidance issued by the Secretary of State
in particular paragraphs 1.16, 1.17, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6,
2.7, 2.8, 2.9, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25, 2.26 and
9.12.
 
 
Committee’s reasoning and findings
are:
 
Richard Arnot on behalf of the Applicant, was
accompanied at the hearing by Brett Evans, General Manager of the
premises.
 
Mr Arnot provided an outline of the history of
the premises and its operators, who are long standing operators
both locally and nationally. He referred Committee to some
photographs he had provided to give an idea of the type of hotel
the premises is. Mr Arnot explained that the hotel has a restaurant
on the ground floor, Sohe. This premises operates with what is
referred to as a ‘restaurant condition’, whereby
alcohol is sold as ancillary to ordering food. The external area to
the premises (outlined in purple on the associated plan) also
currently operates with a ‘restaurant condition’. Mr
Arnot confirmed this application seeks to vary the existing licence
only to the extent that would enable customers in the external area
only to be able to order and consume alcohol without having to also
order food (although food will still be available should they chose
to order it). To enable that change, the Applicant was seeking to
remove the existing condition 19 and amend condition 23.
Additionally, the Applicant had proposed a new additional condition
which stated that customers would be requested to remain seated in
the external area whilst in the possession of alcoholic drinks.
 
Following discussions with Northumbria Police,
Mr Arnot confirmed the Applicant had agreed revised and additional
conditions with the Police. These conditions are set out at page 41
of the agenda pack. Based on this agreement and additional
conditions, Northumbria Police offered no objection to the
application. Discussions had remained ongoing with the Licensing
Authority, which had also resulted in agreeing a refinement of some
of the conditions agreed with the Police, along with one additional
condition regarding the management of the external area being done
so in accordance with an outside management policy. Following this
agreement, Mr Bryce attended on behalf of the Licensing Authority
to confirm the withdrawal of his earlier representation.
 
Regarding the remaining representation, this
was an objection from a local resident, Lesley Wilson. Committee
accepted Mr Arnot’s submission that the parts of her written
representation relating to the aesthetic of the external area were
irrelevant for the purpose of making their determination under the
Licensing Act 2003. However, they were reassured by Mr Arnot
confirming the aesthetic would not change and this had been
communicated to Mrs Wilson, with whom the Applicant had had some
communication. Mr Arnot confirmed this communication had been done
with a view to assuaging her concerns, but they had received no
further responses enabling that dialogue to continue. Mr Bryce
confirmed that the additional conditions agreed with the
responsible authorities had been forwarded to Mrs Wilson ahead of
the hearing. However, no response had been received. Her
representation therefore remained.
 
In relation to the relevant concerns expressed
by Mrs Wilson, Mr Arnot highlighted to Committee that people can
already drink alcohol in the external area. There had been no
complaints in the 10 years it had operated and there were no
representations from any other residents. As such, he submitted the
Applicant had therefore already demonstrated they could
successfully manage the area, including managing groups of no more
than 6. The premises has also already been operating things like
bottomless brunch, without issue or complaints. The external area
has a 9pm terminal hour and this would be unchanged. Additionally,
there is background music only in that area and Mr Arnot
highlighted the premises is not permitted to provide regulated
entertainment. Furthermore, given the primary business at the
premises was a hotel, Mr Arnot pointed out that it would not be in
the Applicant’s interest to cause any nuisance, as the first
people who would be affected would be the hotel’s customers.
He added that the premises currently had a operating policy for
management of the external area, but the Applicant was happy to
formalise this in the manner proposed by the responsible
authorities in conditions and provide copies of the same for their
approval.
 
In relation to the premises being located
within the Jesmond cumulative impact area, Mr Arnot submitted that
special policy 1 should not apply because the premises is a
restaurant, or at the least mixed use. However, even if that was
not accepted by Committee, Mr Arnot submitted the application was
such that nothing is going to significantly change because of the
application and therefore would not cause any negative impact upon
the licensing objectives.
 
Considering the above and giving appropriate
weight to all representations and submissions, both written and
oral, Committee determined to grant the application to remove
current condition 19 and add the additional conditions proposed and
agreed with Northumbria Police and the Licensing Authority. In
reaching their decision, Committee noted the premises was within
the Jesmond CIA and as such subject to special policy 1. However,
Committee were satisfied that the Applicant had demonstrated the
variation, with the conditions agreed, would not add to any
negative cumulative impact upon the licensing objectives and as
such discharged the burden in special policy 1. Committee made no
finding in respect of the submission that the premises was a
restaurant or mixed use so special policy 1 would therefore not
apply. Committee noted the external area had operated for 10 years
without complaint or issue, which was confirmed by Mr Bryce on
behalf of the Licensing Authority. Whilst the variation sought to
remove the necessity for customers in the external area to order
food whilst ordering alcohol, it noted that food would still be
available to order. This was further ensured through the additional
conditions agreed with the Police. Furthermore, the area would
retain its 9pm terminal hour and would effectively be operated in
the same way it had been for the previous 10 years. Committee
concluded that the additional conditions agreed with the Police and
Licensing Authority would offset any change in the use of the
external area and would ensure its operation would continue to
promote all licensing objectives.
 
 
Conditions
 
Remove current condition 19 -  “in the area marked purple on the attached
plan, alcohol shall only be served to those taking a table meal and
as ancillary to those meals.”
 
Amend current condition 23 to –
“There shall be a maximum of 42 patrons in the external area
edged purple on the plan at any time the area is in
operation”
 
Add the following additional conditions to the
premises licence:
 
1. A substantial food offering shall be made
available and advertised from opening to close of business.
 
2. An operating policy approved by Newcastle
City Council Licensing Authority, Environmental Health Northumbria
Police and Northumbria Police shall be implemented in respect of
the external seating areas to include staffing, monitoring and
general management of the areas on a daily basis
 
3. A ‘Challenge 25’ policy shall
be adopted, implemented and maintained ensuring that all members of
staff are trained to refuse supply to anyone who appears to be
under the age of 25 and who is seeking to obtain any age restricted
product unless that person provides credible photographic proof of
age evidence. Such credible evidence shall include a photograph of
the customer and acceptable form of ID. Acceptable ID shall include
a photo card driving licence, passports, military identification or
proof of age cards bearing the 'PASS' hologram or any other form of
ID approved by the Secretary of State.
 
4. There shall be displayed suitably worded
signage of sufficient size and clarity at the point of entry to the
premises and in a suitable location at any points of display and
sale advising customers that underage supplies of alcohol are
illegal and that they may be asked to produce evidence of age.
 
5. An incident and refusals log shall be
maintained on the premises (in writing or digitally) to record
incidents and refusals and shall be made available to officers of
the Licensing Authority or Northumbria Police upon request. Details
of the following shall be recorded:-
a. Drugs or other illegal items recovered
b. All crimes reported to the venue or by the
venue to the police
c. All ejection of patrons
d. Any incidents of disorder
e. Any faults in the CCTV system
 
6. The Premises Licence Holder shall ensure
that all relevant members of staff receive initial training in
their responsibilities under the Licensing Act 2003. Refresher and
supplementary training shall take place on a 3 monthly basis. Such
training shall be documented and records made available upon
request from the Police or an authorised officer of the Licensing
Authority.
 
7. SIA registered door staff shall be used if
deemed necessary following a risk assessment which will be
conducted and documented by management prior to any event taking
place.
 
8. A record shall be kept detailing, the name
of the person left in charge of the premises and at times and dates
when the authority to cover the function of Designated Premises
Supervisor exists. The record must be produced and made available
at the time of the visit for inspection upon request by any
responsible authority.
 
9. The Premises Licence holder shall ensure
that at all times when the premises are open for any licensable
activity, there is sufficient, competent staff on duty at the
premises for the purpose of fulfilling the terms and conditions of
the licence and for preventing crime and disorder.
 
10. Patrons using the area edged in purple on
the plan will be requested to remain seated whilst in the
possession of alcoholic drinks and this will be managed in
accordance with the outside management policy.
 
 
Right of Appeal
 
There is a right of appeal against this
decision to Newcastle Magistrates Court.  An appeal must be commenced within 21 days
beginning with the day on which you receive written notification of
the decision.