Agenda item

Report of the Executive Director, Supporting Communities.

This is an application to vary a premises licence under Section 34 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a variation to a premises licence under section 34 of the Licensing Act 2003.

The Licensing Officer took the Panel through the report and stated that one relevant representation had been received from a residents’ association opposing the application.

The Licensing Officer informed the panel that the application to vary sought additional hours for licensable activity:

Supply of Alcohol (For consumption on the premises)

Monday - Friday       12:00 – 22:00
Saturday                 11:30 - 23:00
Sunday                    11:30 - 22.00

The licensing objectives engaged by the application were the prevention of public nuisance, and the premises was not situated within the cumulative impact policy area. The hours policy was not engaged by the application. The premises policy engaged by the application were restaurants, cafes and coffee houses.

In response to questions of clarification from a Panel member the Legal Officer advised that:

• The role of the Panel was to concern itself only with the licensing objectives, planning matters would be dealt with by the Planning Authority.

In response to a question of clarification from the interested party (Mr Linus Rees on behalf of Charlottee Streets Residents Association) the Licensing officer advised that:

·       They would check if the current licence included women safety protocols; if indeed this had been included in the current licence, it would be added to the variation application if granted.

The applicants legal representative Mr Jeremy Phillips clarified that the only variation that was being applied for was for Sunday evenings 5pm to 10pm.

The Panel heard from the Interested Party (Linus Rees on behalf of Charlotte Street Residents’ Association).

They summarised their representations contained in appendix 4 pages 220 to 223 of the main agenda.

The Interested Parties made the following points in their submissions:

·       The restaurant had an existing premises licence to allow 6 evenings a week to trade. There was the need for a balance between allowing a business to go ahead with increased commercial activity and also the right of residents to have the enjoyment of their homes and some peaceful downtime during an otherwise busy week.

·       It was reasonable to ask the Panel to refuse the application to extend the licensable activity hours beyond 5pm on Sunday as the area was quiet on the weekends.

·       There were more than 60 households immediately next to the premises, the intention was to maintain the area as attractive for residents.

There were no questions to the interested parties.

The applicant’s legal representative, Mr Jeremy Phillips accompanied by Caroline Abbot outlined their application and responded to questions providing the following information:

• It was a very modest change to permit this restaurant to serve alcohol on Sunday evenings between 5pm and 10pm.
• The reason the 5pm terminal hours had previously been opposed was because of a restriction on the existing planning permission. A meeting had taken place between the applicant and residents in March 2022 before the original application was made that the applicant would not apply for it on that occasion. It was not pursued at that stage with an agreement to close at 5pm. The premises had now been open for a year.
• It had been extremely popular and successful with no complaints from anybody on any issue. Indeed the residents that had previously objected to the application and had no further complaints and had not objected to the variation application.
• Were the application to be granted, the applicant would go back to the Planning Committee to apply for a variation of the permission so that the premises could be open between 5pm and 10pm and until such time as that was determined and granted the premises would remain closed for that period.
• The premises was extremely contained, controlled limited operation with the current financial constraints and rising costs making it difficult for all licensed premises, closing on a Sunday evening did impose an extra financial constraint on the business.
• The cost of resources particularly as it was an Italian restaurant importing all its ingredients from Italy was expensive reducing the profit margin which was once 20 to 25% down to 8%.
• There were also 2 other pubs in the near vicinity of this premises which opened to 11pm every day.
• The under-croft area was not currently being used. Temporary planning permission had recently been granted, there was ongoing discussion with the landlord about having the area added. With regards to a prohibition on smoking for the area instructions would need to be taken from the client.

The interested party made closing remarks.

The applicant’s representative made closing remarks.

Decision and reasons

Panel Members confirmed that they had been able to follow and understand the submissions and discussion in relation to this application.

The Panel considered the comments from the interested party and the information provided by the applicant’s legal representative.

In their deliberations, the Panel members stated that they were minded to approve the variation application which they felt was quite reasonable subject to the prohibition of smoking at any time in the under-croft area.

The Panel also noted that there had been no objection from the responsible authorities and it had been useful that the applicant’s legal representative had clarified that the variation was only for the supply of alcohol on the premises on Sunday evening from 5pm to 10pm which was within the Council’s framework hours.

The Panel felt that with the added no smoking condition and all the other measures in place, approved the variation application.

Therefore, it was,

RESOLVED –

THAT the application for a variation to the premises licence be granted.

The premises are licensed for:

Supply of Alcohol (On Premises)

a)    Monday - Friday       12:00 – 22:00
Saturday                 11:30 - 23:00
Sunday                    11:30 - 22.00

• There should be no smoking allowed in the under-croft area at any time.

ACTION BY: Executive Director, Supporting Communities