Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 22, 2025

Purpose:

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.