Decision Maker: Licensing Sub Committee B

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 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 for 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 hours of licensable activity   Films   Friday - Saturday   11:00 - 00:00   Live Music   Friday - Saturday   23:00 - 00:00   Recorded Music   Friday - Saturday   23:00 - 00:00   Supply of Alcohol (On the Premises)   Monday - Thursday 11:00 - 23:00 Friday - Saturday  11:00 - 00:00 Sunday  11:00 - 22:30   Supply of Alcohol (Off the Premises)   Monday - Sunday   11:00 - 23:00   Late Night Refreshment   Friday - Saturday   23:00 - 00:00   Opening hours   Monday - Thursday 07:30 - 23:30 Friday - Saturday  07:30 - 00:30 Sunday  11:00 - 23:00     Reasons for the decision   The application for a premises licence (described as a “shadow” 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 took into consideration that there were no representations from the Responsible Authorities, and there were 2 representations from Other Persons (1 local resident and Ward Councillors on behalf of local residents).   The Sub-Committee took into consideration representations made by the Applicant’s representative that the shadow licence is to protect the freehold owner not the licensee. The future licence is not relevant to this application. The Sub-Committee noted that parking is not relevant to this application. Any concerns about the premises should be taken up with the landlord. The freeholder will not be using the licence and it is held in reserve if needed should the premises licence held by the tenant lapse or be revoked. The Applicant’s representative contended that there is no evidence to support the objections, and that the representation from B2 be dismissed because there are no other complaints from local residents and Responsible Authorities.   The Sub-Committee took into account representations from both Ward Councillor Kennedy and Councillor Webb that the hours should be no more than core hours which protects the licensing objectives, particularly if the landlord will not use the licence. Otherwise they have no objection to the shadow licence.   The Sub-Committee took into consideration the representation from a local resident that only core hours should be granted and the revised site plan should be attached to the premises licence. The local resident made representations that they want the premises to operate responsibly. The Sub-Committee heard the premises attract people who live far away, and the area could suddenly have up to 40 cars causing a nuisance, and a disturbance in the residential area late at night with no public transport available for the customers.   The Sub-Committee noted that the premises had four operators in the last five years. The Sub-Committee took into consideration that the local resident made representations that they had no issues with the current operator. The Sub-Committee noted there was occasional disturbance relating to the temporary events that have been held.   The Sub-Committee considered this application on its merits. When making their decision the Sub-Committee took into consideration that a shadow licence application made by the freeholder is to protect their interest in the premises. The Sub-Committee took into consideration that shadow licences are lawful under legislation and it can be reviewed.   Having taken all of the above factors into consideration the Sub-Committee was satisfied that by granting the shadow premises licence the licensing objectives would not be undermined.