The Committee and Scrutiny Support Officer confirmed that the Sub-Committee would comprise Councillors Bolton, Connal and Crout.

The Sub-Committee was asked to elect a Chair for the hearing.

RESOLVED –

that Councillor Crout be elected Chair for this hearing.

There were no disclosures of interest.

Report of the Head of Community and Customer Services.

This report asks the Sub-Committee to consider an application to vary the premises licence following the receipt of representations.

Introduction to the application

The Sub-Committee received a report of the Head of Community and Customer Services setting out details of an application to vary the premises licence at the above premises. 

There had been discussions between the Licensing Authority and the Applicant, it was agreed that the Sub-Committee would be updated on these negotiations after the application had been introduced.

The Senior Licensing Officer introduced the report outlining the key issues for the application.  These included how the premises was classified and the location of the premises.  The application was to vary the existing hours and to add late night refreshments and off-sales of alcohol.  Representations had been received from residents and the Licensing Authority.  The Crime Status Report, referred to in appendix 5A, had not been received.

The Applicant’s Agent confirmed that he had seen the additional photographs from the interested party, Mr Patel, and agreed for them to be circulated.

The premises was located in one of the Sensitive Licensing Areas where particular attention was paid to address historical issues in the area.  For clarification, the Senior Licensing Officer explained that on receipt of the application he had been in contact with the Agent as the Responsible Authority.  Due to the absence of a colleague, he took on the role of the processor of the application and Mr MacKenzie had submitted an objection on behalf of the Licensing Authority.

There were no questions for the officer. 

Representations

Mr MacKenzie was invited to update the Licensing Sub-Committee following his discussions with the Applicant.

There had been negotiations over the conditions proposed in his representation. The following conditions had been agreed:

1. Maximum terminal hour of 22:30 for all licensable activities Monday to Sunday.  The premises shall close at 23:00 Monday to Sunday. As a result of these amendments, the application for the provision of late night refreshment as a licensable activity was withdrawn.

2. That there shall be a clearly defined barrier placed around the outside area at this premises at all times that the premises are open to the public, clearly demarking this area as separate from the public highway. This boundary marking must be removed when the premises are closed to the public.

3. All windows and doors shall remain closed after 20:00, except for access and egress.

4. The outside area immediately in front of the premises shall not be used after 20:00, with the exception of persons who wish to smoke.

5. No more than four customers shall be permitted to smoke in the outside area after 20:00 on any day.

6. Customers using the outside area after 20:00 on any given day shall not be permitted to take any food or drink with them whilst doing so.

7. No customers shall be permitted to use the outside area after 22:00 on any day.

8. There will be no self-service of spirits at the premises.

9. No beers, lagers, or ciders shall be sold for consumption off of the premises which are above 5.5%  ...  view the full minutes text for item 3.