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 to vary a premises licence under section 34 of the Licensing Act 2003. Consideration was also given to the information included in the Supplementary Agenda.

The Licensing Officer summarised the report and stated that one representation had been received opposing the application from the Highgate Society.

The applicant’s representative confirmed that there were no amendments to the application.

Francis Wilkinson, representing the Highgate Society summarised their objections to the application, as outlined in their written submission.

Responding to a question, Francis Wilkinson stated that the applicant had proposed to have a condition on the lease specifying that the Greenroom could only be used by theatre patrons during performances. However, this lease could subsequently be changed, and therefore, it was preferable if this condition was imposed on the premises licence instead. 

In response to points raised by the interested party, the Legal Adviser to the Panel clarified that the theatre’s status as an Asset of Community Value was not a consideration under the licensing regime and that the theatre was entirely separate to the premises licence that was being considered.

Representing the applicant, Alun Thomas summarised the application and responded to questions as follows:

·       Controlling the use of the proposed Greenroom bar was a management issue. The premises was currently well managed and did not experience problems with customers causing a disturbance.

·       It would be disproportionate to have a condition controlling who could have access to the bar because if a patron wanted to meet a friend in the Greenroom bar after a show this would be a breach of a licence condition, which is a criminal offence.

·       Security would not be required to manage access to the upstairs bar, the applicant deemed this entirely unnecessary.

·       The licensing objectives could continue to be upheld through robust management. Customers at the pub did not currently disturb performances at the theatre and this was not expected to change if an upstairs bar was in operation.

·       The upstairs bar would be more convenient for theatre patrons who currently had to go to the downstairs bar to purchase a drink.

·       Furthermore, the proposed Greenroom bar was part of the pub, not the theatre, so the pub would be prevented from using an area included in their lease if the condition was applied.

·       A letter had been sent to the Highgate Society outlining the position, but it was not included with the agenda pack.

·       It was not appropriate to discuss the lease during this Panel meeting, such discussions should take place between the proprietor and the tenants.

The interested party and the applicant’s representative then made some 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.

In deliberation, the Panel considered the comments from the interested party and the information provided by the applicant’s representative.

Panel Members considered the issues raised and agreed that they could be sufficiently dealt with by robust management of the premises, and it would be in the interest of the applicant to ensure that users of the Greenroom bar did not disturb the performances in the theatre. It was, therefore, deemed unnecessary by the Panel to impose additional conditions.

Therefore, it was

RESOLVED –

THAT the variation to the licence be granted as applied for, to include the Green Room bar situated on the first floor of the premises as shown the in revised premises floor plan (reference number HG/UB/340/03, dated May 2023).