Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: June 17, 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 with the following amendments and additional conditions to the premises licence:   Approved Variation conditions as stated on the report:    (1) Any off sales of alcohol are to be in sealed containers, except for off sales to a maximum of 12 seated customers in the designated seating area outside the premises up to 20:00 hrs on Sundays and 21:00 hrs on Mondays to Saturdays and Sundays before Bank Holiday Mondays.   (2).There shall be no open containers or drinks taken outside the premises at any time except for off sales to a maximum of 12 seated customers in the designated seating area outside the premises up to 20:00 hrs on Sundays and 21:00 hrs on Mondays to Saturdays and Sundays before Bank Holiday Mondays.   (3).Customers shall not be permitted to smoke outside the premises on the northern side of the premises entrance door.   Amendments to premises licence:   ·  Remove conditions 28, 29, 30 (duplicate conditions)   ·  Condition 33 shall be amended to read as follows:   " The Premises Licence Holder shall organise and publicise a meeting (online and/or in person) for local residents to discuss the operation of the premises at least every 3 months and the premises email address shall be on display in the shop window for anyone with concerns to contact the premises”.        And the following conditions to be added to the premises licence:   ·  A member of staff shall regularly monitor the external area.   ·  Smokers shall not be permitted at any time to take drinks or glass outside of the premises except if they are seated customers in the designated area outside of the premises having a substantial table meal.      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 Sub-Committee decided to grant the variation of the premises license and the conditions proposed to use the outside area for 12 seated customers having a substantial table meal. The Sub-Committee noted that the premises has a small capacity indoors of 25 covers to seated customers and three staff, and is operating as a restaurant.   The Sub-Committee took into consideration the representations from one local resident. The Sub-Committee noted that the Licensing Authority withdrew their representation following the submission of a revised site plan.   The Sub-Committee noted that the premises is next to an active railway line and there is regular noise from the passing trains. The Sub-Committee took into consideration the Premises License Holder’s representations made by their legal representative that sound proofing was required for the flats above the premises to prevent noise from the trains having an impact on the local residents.   The Sub-Committee took into consideration the Premises License Holder’s representations made by their  legal representative that the Premises License Holder contacted the local residents in 2024 about the trial use of the outdoor area. The Premises License Holder contacted the local residents again in early 2025 regarding the trial period and 12 local residents confirmed that they supported the use of the outside area.   The Sub-Committee took into account the representations that the Premises License Holder has been complying with the condition to hold regular meetings with local residents. In December 2024, the Premises Licence Holder met 10 local residents. In the last two meetings only two people attended. The Premises License Holder contended that they are committed to working with the local residents and they have been proactive in communicating on a regular basis. The Sub-Committee noted that the local residents have been notified of further meetings and of this variation application.   The Sub-Committee took into consideration that a small number of people will be seated in the outdoor area. The Sub-Committee took into consideration that the premises had a number of temporary events without any known incident. The Sub-Committee took into account that the proposed variation is within Policy LP6 for the outdoor area.   The Sub-Committee felt customers should not be outside smoking and drinking unless they were using the designated outdoor area and having a meal with their alcohol.   The Sub-Committee took into account that the outdoor area would not block the entrance to the residential block next to the premises.   The Sub-Committee felt that the Premises License Holder and their legal representative had addressed the concerns about the residents' meetings. The Premises License Holder agreed to amend conditions and was willing to work with local residents to prevent noise nuisance. The Sub-Committee took into account that the Premises License Holder was an experienced operator with a diverse offering, and was a food led premises where food was served with alcohol.   The Sub-Committee was satisfied that the concerns of the local resident were addressed. The Sub-Committee was satisfied that the premises is operating as a restaurant and they are complying with their substantial table meal condition.   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   1.  The Premises Licence Holder is encouraged to continue working with the local residents to deal with any issues arising at the premises and to prevent noise nuisance.   2.  The Premises Licence Holder is advised that music should be played at background level at all times to prevent public nuisance and any disturbance to local residence.   3.  The Premises Licence Holder is advised to maintain a dedicated email address that must be available at all times. These contact details shall be included on any website of the premises and on display at the premises.   4.  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.