Agenda and minutes

Councillor Sean Macleod proposed Councillor Liz Boorman as Chair and this was seconded by Councillor Milly Manley.

Councillor Liz Boorman was elected Chair for the duration of the meeting.

There were none.

Disclosure by councillors of personal interests in matters on the agenda, the nature of any interest and whether the councillor regards the interest as prejudicial under the terms of the Code of Conduct.

There were none.

The Chair of the Licensing Sub Committee welcomed all parties to the hearing.

The Licensing Officer presented the Report to the committee and summarised the Report as follows:

The application was for a licence to sell alcohol for consumption on the premises from 9am to 10.30pm Monday to Sunday – with a non-standard timing on New Year’s Eve from 9am to 12.30am (the following morning). Live music (indoors) on New Year’s Eve from 11pm to 11.55pm, and for recorded music (indoors) on New Year’s Eve from 11pm to 12.30am (the following morning) was also included in the application.

Item 1.7 in report explained that Live and recorded music were deregulated within on-licensed premises authorised and open for the sale of alcohol from 08:00 hours to 23:00 hours for audiences up to 500. Live unamplified music did not need a licence anywhere and with no audience limit between 08:00hours to 23:00 hours.

Item’s 1.8.1 to 1.8.18 in the report detailed the steps submitted by the applicant in support of the application to promote the four licensing objectives. These steps, if approved, would appear on the Premises Licence as conditions.

No representations against the issue of the Premises Licence were received from any of the responsible authorities, listed at item 3 in the report. 5 emails of objection from members of the public were received (appendix 4 of the report).

Following publication of the report, two of the objections had been withdrawn. The Sub Committee was advised that these should not be taken into account when making a decision. The remaining three objections had been submitted on the grounds that the application would undermine the licensing objectives of public nuisance, and crime and disorder.

When considering the application the following options were available to the sub-committee:

•         To grant the licence in the same terms as it was applied for

•         To grant the licence but modify the conditions

•         To grant the licence, but modify the hours of licensable activity, or

•         To refuse the licence.

The Licensing Officer highlighted that under Section 181, and Schedule 5 of the Act, there was a right of appeal to the Magistrates Court in respect of applications for new licences. The right of appeal was open to both the applicant and to any person who has made relevant representation. The appeal application would need to be made within 21 days of the written notification of the Sub Committee’s decision.

The Sub Committee requested that the Licensing Officer clarify the detail of the diagram on page 13 of the report and in particular whether drinks could be bought at the bar and if so, the area this referred to. It was confirmed that drinks could be bought at the bar but only in the area referred to as the ‘Bar and Kitchen area’ and that there would be a waiter/waitress service in all other areas.

The applicant’s representative, Mr Paul Hobbs, clarified that the primary focus of the restaurant was to provide a premium dining  ...  view the full minutes text for item 13.