Decision Maker:

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 it within the report and at the hearing today has determined that having regard to the promotion of all 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 refused in accordance with Licensing Policies LP1, LP2, LP3, LP5 and LP12 within the Council’s Statement of Licensing Policy.   Reasons for the decision   The Licensing Sub-committee, having heard from the Licensing Authority and 3 Other Persons (local residents), believed that granting the application would result in the licensing objectives being undermined, and would have a negative impact if the premises extended their late night refreshment licence.    The Sub-Committee took into consideration the representations of the local residents who objected to this application due the impact it would have late at night.   The Sub-Committee noted that the Police withdrew their objection following discussions with the Premises Licence Holder.   The Sub-Committee considered the representations made by the Premises Licence Holder’s Agent, and the Manager of the premises that they acknowledge the concerns raised, however, there was no evidence of nuisance. The premises are in a commercial parade and close to residential properties. They have had no incidents. In mitigation, the premises have a clean record and they want to be a responsible operator.   The Sub-Committee noted that the Premises Licence Holder did not allay the concerns raised by the local residents.   The Sub-Committee took into account the Licensing Authority concerns that the hours are already beyond core hours under Policy LP3. The Licensing Authority made representations that operating until 05:00 is excessive and would cause a disturbance to local residents. The Sub-Committee noted that the premises were in the process of obtaining Planning Permission.   The Sub-Committee heard representations from the local residents that it is a densely populated residential area with flats above and across the road. It was noted that the current operators are operating their hours beyond their planning permission.   The Sub-Committee heard representations from two ward Councillors supporting local residents, and made representations that the premises should not have later hours than they already have due to the impact on the local residents in the area if they are extended.   The Sub-Committee took into consideration that there was no mitigation supporting their application, and there was an increased risk of antisocial behaviour in a substantively residential area on the edge of an estate.   The Sub-Committee took into account that the premises have been operating for some time Monday to Thursday until 1 am and Friday and Saturday until 2 am   The Sub-Committee felt there were no mitigating factors that would justify them granting the extended hours until 05:00.   The Sub-Committee cannot take into consideration financial circumstances as a reason to grant the variation.   The Sub-Committee took into consideration when refusing this application that each case is considered on its merits. The Sub-Committee believed that the licensing objectives could not be promoted by granting this variation application, and as such believed it was appropriate to refuse the application in its entirety.   Planning Informative   1.  The Premises Licence Holder is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.   2.  It also should be noted for the public record that the local planning authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.