Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: April 8, 2025

Purpose:

Content: RESOLVED:   The decision   The Licensing Sub-Committee, in considering this decision from the information presented to them within the report and at the hearing and having regard to the promotion of the licensing objectives:   ·  The prevention of crime and disorder ·  Public safety ·  Prevention of public nuisance ·  The protection of children from harm   The application to vary 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 Licensing Sub-committee granted the hours applied for on the Licensing report to vary the premises licence for licensable activity on Friday and Saturday.   ·  Remove live music and recorded music from the application.   And the additional conditions to be added to the premises licence:    ·  No vertical drinking permitted.   ·  A minimum of 1 SIA door supervisor to be employed from 20:00 until close on Friday and Saturday. All SIA staff shall be easily identifiable. They shall enter their name, address, SIA number and times they begin and finish their shift in a daily register.   ·  The capacity of the premises shall be 50 persons at any one time.    ·  The Premises Licence Holder shall not use the basement for licensable activity.     Reasons for the decision   The application to vary this premises licence has been approved, as members of the Licensing Sub-Committee were satisfied that the licensing objectives would not be undermined.   The Licensing Sub-Committee took into consideration when making their decision that the variation related to on sales only and not off sales, and that the Premises Licence Holder will not use the basement for licensable activity.    The Sub-Committee took into consideration the Environmental Protection Service and the Police made representations on the grounds of the prevention of public nuisance. The Sub-Committee noted that the Environmental Enforcement Service withdrew their representation after agreeing conditions with the Premises Licence Holder in advance of the hearing.   The Sub-Committee heard the Premises Licence Holder’s representations from their representative that the premises is a Peruvian restaurant. The premises have table service for a maximum 50 customers. The litter is managed in the area, and the area outside is closed at 22:00. They have no vertical drinking.   The Sub-Committee heard from the representative for the Premises Licence Holder that for the last three years there were 15 complaints of statutory noise nuisance. The current operator has been operating for the last 15 months. Live music is occasionally acoustic guitar and pan flute with no other instruments or DJ’s. The Premises Licence Holder has made arrangements to comply with the required noise installation works and they are happy to work with Responsible Authorities.   The Sub-Committee took into consideration the Premises Licence Holder’s representative made representations that a noise limiter has been installed and they have good communication with the local residents living above the premises.   The Sub-Committee took into consideration that the Premises Licence Holder agreed to train staff; they will have SIA security on Friday and Saturday from 20:00 until the premises close. The Sub-Committee noted the Premises has a tables and chairs licence.   The Sub-Committee took into consideration the representations from the Environmental Protection Service about the history of noise complaints. The Sub-Committee noted from 2023 to date there were 15 complaints loud enough to cause a nuisance to local residents.   The Sub-Committee took into consideration that the Environmental Protection Service was not satisfied that the premises should extend live and recorded music until 02:00 due to loud music allegations. The Sub-Committee noted that the premises needed high installation to prevent noise breakout, and the premises needed to be certified by an acoustic company to deal with the noise issues that were difficult to control.   The Sub-Committee noted the Environmental Protection Service was not satisfied with the Premises Licence Holder’s representations. However, the Environmental Protection Service was now satisfied that a noise limiter had been installed.   The Sub-Committee decided after hearing from the representative for the Premises Licence Holder, the Premises Licence Holder, and the Environmental Protection Service to grant the hours applied for on Friday and Saturday closing at 02:00. The Sub-Committee felt that the above conditions addressed their concerns about the premises.   The Sub-Committee also took into consideration that the Premises Licence Holder agreed to remove live and recorded music from the application, and agreed to insulate the premises to prevent noise nuisance. The Premises Licence Holder agreed to play music at background level.   The Sub-Committee noted that no Other Persons or local residents made representations. The Sub-Committee took into account that the Environmental Protection Service was content with live and recorded music being withdrawn from the application, and they were reassured with the number of customers.   Having taken all of the above factors into consideration the Sub-Committee  was satisfied that by granting this variation of the premises licence, the licensing objectives would continue to be promoted.   Public Informative   The Premises Licence Holder is encouraged to continue working with the Environmental Protection Service to deal with any issues arising at the premises and to prevent noise nuisance.   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.