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RESOLVED that a Premises Licence be granted, subject to the amended hours and conditions as set out below – LICENSABLE ACTIVITY DAYS APPLICABLE TIME FROM TIME TO Provision of Live Music (Indoors only) Monday – Sunday 09:00 23:30 Provision of Recorded Music (Indoors only) Monday – Sunday 09:00 23.30 Provision of Late Night Refreshment (Indoors) Sunday – Friday Saturday 23.00 23.00 23.30 00.30 Supply of Alcohol (for consumption on and off the premises) Sunday – Friday Saturday 09:00 09:00 23:30 00:30 *Hours that the premises will be open to the public Sunday – Friday Saturday 09.00 09.00 00.00 01.00 CONDITIONS As put forward by the Applicant and set out in Appendix C to the report – · all external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff · the external outdoor area shall only be used by customers until 23.00, with no customer use permitted after that time · no new customers shall be admitted to the premises after 23.00 ADDITIONAL CONDITION · the Premises Licence Holder shall maintain an open channel of communication with local residents and shall provide a direct means of contact for residents to report any issues arising from the operation of the premises. The contact details shall be made available to Licensing Officers upon request. The Chair conveyed the Sub Committee’s decision to all parties present, and the Legal Adviser reported on the reasons for the decision as follows – Members had carefully considered the application and representations submitted in this case and were satisfied that the licensing objectives were engaged. The Sub Committee had to adopt a realistic view on the proposed use of the premises and members were minded to grant the application as set out in the operating schedule subject to the amendments set out in Appendix C to the report which include the following conditions for the following reasons. Members welcomed the measures proposed by the Applicant during the mediation process. The Sub Committee, having regard to the representations, found that the Licensing Objective of ‘prevention of public nuisance’ was engaged by the application. Although the Sub Committee considered it was engaged, they found the reasons given by the objectors were warranted and the risk of a public nuisance arising out of noise nuisance did exist. However, members were satisfied that this could be mitigated with the additional condition of ‘All external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff.’ and by refusing the part of the application that requested live and recorded music Monday – Sunday from 23:30 – 01.00. In terms of the supply of alcohol, members sought to balance the requirements of the business, the concerns of neighbours and more generally the licensing objectives. Accordingly, members determined that it would be reasonable and proportionate to amend the hours to provide for the sale of alcohol between 9.00 – 23.30 Sunday to Friday and at 00.30 on a Saturday and late night refreshment between 23.00 – 23.30 Sunday to Friday and 00.30 on a Saturday, with the premises closing half an hour later. The Sub Committee considered it appropriate to accept the condition preventing the use of the external outdoor area beyond 23.00 as this would assist in promoting the licensing objectives as this would give the greatest risk of noise nuisance given the proximity to neighbouring residences. The Sub Committee also agreed that the condition to restrict the entry of any new customers beyond 23.00 was appropriate. The Sub Committee considered it was not appropriate to go any further than this. Members were satisfied that the representations regarding parking provision were matters that could be regulated through separate statutory regimes. Due to the concerns raised in representations and the link to the Public Safety and Prevention of Public Nuisance, members requested that the Applicant maintained an open channel of communication with residents and provided a means to which residents could communicate directly with the Applicant to report any issues, to be confirmed with Licensing Officers. In the circumstances the Sub Committee was satisfied that the licensing objectives, in particular the ‘prevention of public nuisance’ would be upheld in granting the application subject to the additional conditions described above. All parties had a right to appeal against the Licensing Sub Committee’s decision to the Magistrates’ court within twenty-one days. Members expressed concern regarding the current licensable activity ongoing on site and wished for the Applicant to note this. The meeting concluded at 3.50 pm.