Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 15, 2024

Purpose:

Content: RESOLVED:   The Decision of 15th October 2024   The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing 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; and ·  The protection of children from harm.   the application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the proposed conditions set out in paragraph 8.1 of the report, with the following amendments:   ·  The hours for licensable activities at the premises, shall be:   Sale of Alcohol (on the premises)   Standard Hours   Sunday to Tuesday    11:00 - 22:00 Wednesday to Saturday  11:00 - 22:30   Non-Standard Hours Sundays before bank holidays: 11:00 - 23:00   Opening hours of the premises    Monday to Saturday    08:00 - 23:00 Sunday      08:00 - 22:00     Non-Standard Hours Sundays before bank holidays: 08:00 - 23:00   ·  Remove remove duplicate conditions 18, 19,20 and 21   ·  Remove Late night refreshment from the Application.   ·  Amend Condition 11 to read as follows:   "The Premises Licence Holder shall ensure that a member of staff shall monitor the front of the premises and any queue to enter the premises which forms outside the premises is orderly and supervised at all times".   ·  Amend Condition 17 to read as follows:   "No refuse and/or bottles are to be placed in external receptacles or in areas outside the premises between 21:00 and 08:00 ".   ·  Amend Condition 26 to read as follows:   "Alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are taking or about to take substantial seated table meals and that the consumption of alcohol by such persons is ancillary to taking such seated table meals. The supply of alcohol shall be by waiter or waitress service only".   And the following conditions:   ·  From 22:00 the outside area of the premises shall be closed.    ·  All Windows and external doors shall be closed at 22:00.   ·  The Premises License Holder shall implement a smoking area limited to 10 smokers at any one time.   ·  The Premises Licence Holder shall submit a written Dispersal Policy to be approved by the Licensing Authority and the Police. The approved Dispersal Policy shall be implemented at the premises. All staff shall be briefed on this Dispersal Policy. A copy of the policy shall be kept on the premises and shall be produced to a Police officer or other authorised officer upon request.   ·  The Premises Licence Holder shall submit a written Crowd Management Plan to be approved by the Licensing Authority and the Police. The approved Crowd Management Plan shall be implemented at the premises. All staff shall be briefed on this Crowd Management Plan. A copy of the Crowd Management Plan shall be kept on the premises and shall be produced to a Police officer or other authorised officer upon request.   ·  The Premises Licence Holder shall maintain a dedicated contact telephone number and email address that must be available at all times to all local residents, the Environmental Health Officers, the Licensing Authority, the Police, and any responsible authority or any person wishing to make a complaint. These contact details shall be included on the website of the premises, and on display at the premises.   Reasons for the Decision    The application for a premises licence has been approved because the Licensing Sub-committee was satisfied that the licensing objectives would not be undermined.   The Sub-committee took into consideration representations from the Licensing Authority on the grounds of public nuisance. It was noted that the Environmental Enforcement Service agreed to conditions with the Applicant and withdrew their objection. The Sub-committee noted that there were no other objections from other Responsible Authorities.   The Sub-committee took into consideration that the Licensing Authority objected to the hours, which have been reduced, and the impact on local residents. It was noted that the Licensing Authority asked for a condition: for alcohol to be sold ancillary to a table meal, and for clarification that the hours have been approved by the Planning Authority 08:00 to 23:00.   The Sub-committee took into account that 32 representations had been received from and on behalf of local residents objecting to the Application on the grounds of the 4 Licensing Objectives, and it was noted that 1 local resident withdrew their representation after agreeing to the proposed conditions.   The Sub-committee took into consideration that Councillor Bramble represented over 10 local residents who are concerned about the impact that late night promises will have on the residential area. Councillor Bramble made representations that It is not a one off situation. It is a concern that residents have about the late night premises and the impact on the area particularly anti-social behaviour and noise in the street late at night.   The Sub-committee took into account Councillor Bramble’s representations that the last temporary event notice the local residents experienced a great deal of noise and they wanted the license if granted to be within core hours. Most of the premises in the area closed at 6 pm so having a late night premises would have a detrimental impact on the local residents late at night.   Councillor Bramble made representations requesting that the Applicant do everything they can to mitigate the noise coming from the premises and any antisocial behaviour and public nuisance that will be caused by customers dispersing from the premises late at night being loud after drinking. The Sub-committee noted that the local residents requested that if a license is granted that the premises do not open after 10 pm, and that the premises closes 30 minutes early before closing to prevent noise and public nuisance impacting local residence on weeknights.   The Sub-committee took into consideration that the local residents would like the area to be preserved without late night public nuisance affecting their peaceful enjoyment of the area. The local residents who had lived in the area for a number of years had concerns about antisocial behaviour late at night. The local residents made representations that it is a quiet residential area and having a late night premises would increase public nuisance and public disorder. The restaurant bar will fundamentally transform the street which will have a negative impact on the area. It was noted that one local residence has lived in the area for over 20 years and their experience is that it has been a quiet residential area.   The Sub-committee took into consideration that local residents are concerned about the cumulative impact in the area. Local residents made representations that it makes the area less safe. They often get woken by rowdy behaviour, including people knocking on our doors, shouting and singing late in the evening and in the early hours of the morning.   The Sub-committee noted that local residents would like the north end of the Mentmore Terrace to be considered as a special policy area.   The Sub-committee took into consideration that local residents after hearing from the Applicant’s legal representative still had concerns about the late night hours, and the reduction in hours did not do a great deal. It was noted that the local residents maintained their objections and did not feel that public nuisance concerns have been allayed by the proposed hours and conditions The Sub-committee took into account that local residents had concerns about the entrance and exit at Martello Street. The local residents felt that the number of covers that the restaurant will provide 100 is a substantial amount on that street.   The Sub-committee took into consideration that the representative for the management company for the residential permit block of flats made representations that they object to the application in its entirety, it is a residential area with daytime economy and the hours of the operation are not appropriate for the area. They contend that a substantial meal does not prevent vertical drinking. It was noted that the management company wanted the capacity of the restaurant to be reduced and they felt that although the premises had not applied for regulated entertainment it does not prevent noise and music being played.   The Sub-committee took into consideration the Applicant’s representations that they are trying to provide a service that was not there. The Applicant’s legal representative made representations that the Applicant has agreed conditions and will operate the premises responsibly. There will be no queues as it is a small business and a small period of time. If the restaurant was full, there is a holding area to deal with that and any queueing outside of the premises will be supervised. The Applicant has management procedures that will be followed by members of staff. A member of staff will be supervising the premises from the entrance door through to the restaurant. The Applicant’s legal representative contended that the crime stats cannot be attributed to the premises.   The Sub-committee took into consideration the Applicant has an open door policy for local residents to make any representations or concerns about the operation of the premises. The Sub-committee took into account that the Applicant is an experienced operator with five restaurants and they have residents living above those premises. It was noted that the Applicant intended to run the premises as a neighbourhood restaurant.   The Sub-committee took into consideration that the residential flats overlook the premises. In particular, the flat above would be affected by customers coming and going. The Sub-committee took into consideration that the local residents made representations that they do not want a nighttime economy and the premises should operate as a small daytime venue. Having considered all the representations and concerns raised by local residents the Sub-committee felt that the conditions added to the premises licence would mitigate those concerns. The Sub-committee noted that the premises are not appropriate for SIA conditions.   The Sub-committee took into consideration that each application is considered on its own merits.   Having taken all of the above factors into consideration the Sub-committee was satisfied that by granting this premises licence the licensing objectives would not be undermined.   Public Informative   1.  The Premises Licence Holder is encouraged to work with local residents and the Responsible Authorities to prevent any public nuisance or negative impact in the area.   2.  The Premises Licence holder is encouraged to use sustainable cutlery, plates, cups, food containers, and recyclable disposable materials and to avoid using single-use plastic disposable items.