Agenda item

The report of the Director – Neighbourhoods is attached.

The Sub-Committee considered an application for a Premise’s Licence for the Parlour Summer Garden, 68 Bridgford Road, West Bridgford as a result of objections to the application having been made.

Mr W Rathore the applicants solicitor and Mr A Fuge addressed the sub-committee to present the applicants case.

Written representations objecting to the application were read out to the sub-committee by the Licensing Officer.

Ms A Symes and Ms P Hunt addressed the sub-committee to present their objections.

DECISION

The following was the unanimous decision of the sub-committee and was read out by the Chairman (Cllr Bushman) at the conclusion of the hearing.

The Sub-Committee considered the application in accordance with the Licensing Act 2003 (Hearings) and Regulations 2005 (as amended). The Sub Committee also took into consideration the Crime and Disorder Act 1998 and the Human Rights Act 1998.

The Sub-Committee also had due regard for the Equality Act 2010. The Council’s statement of Licensing Policy and statutory guidance was taken into account. In reaching its decision the Sub Committee was mindful of Procedure Rules as set out in Part 4 of the Constitution, so far as they apply.

There has been a full hearing during which the Sub-Committee has considered very carefully the application.

The Sub-Committee has had regard to the four prescribed licensing objectives, in particular the prevention of nuisance and crime and disorder.

The Sub-Committee has taken into account the written report presented by Peter Harris, and the written representations from responsible authorities to the Sub-Committee from Nottinghamshire Constabulary and Environmental Health. The panel also received representations from the applicants and their representatives and objectors.

The Sub-Committee particularly considered the character of the area and the close proximity of residential premises and the impact a premises licence might have upon the area.  The committee further considered the proposals to prepare, heat and serve hot food.

The Sub-Committee has considered and is pleased to note the proposals at set out by the applicant in the management plan and the amendment proposed to the regulated activity to cease at 23:00. The committee would ask the applicant to consider, given the height of the perimeter stone wall to the erection of additional noise prevention measures as may be available.

In light of all of the above the Sub-Committee:

RESOLVED

We are satisfied, on the balance of probabilities, that in all the circumstances a premises licence may be granted to include the conditions proposed by the responsible authorities, and subject to additional conditions.

REASONS

The Sub-Committee considered very carefully the application for the Parlour Summer Garden. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.

The Sub-Committee considered the representations, both written and given orally today, by all parties. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998, Section 17 have been considered whilst making the decision.

The Sub-Committee also considered the options set out in Section 18 Licensing Act 2003.

The Sub Committee is satisfied on balance that the premises will not create an unreasonable disturbance to local residents.

The conditions which we feel are necessary to prevent public nuisance, and crime and disorder having regard to the character of the area, are:-

1. The hours of opening be reduced by 30 minutes, Monday – Thursday 12:00 - 00:00, Friday – Saturday 12.00 - 01.00 and Sunday 12:00 - 00.00.

2. The applied time for the sale of alcohol be similarly reduced.

3. The licence holder shall ensure that adequate measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of their premises. In particular, where necessary the premises licence holder shall ensure that adequate measures are in place to provide customers with sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter, etc. Bottle bins not to be emptied after 22:00 and before 07:00 into the main ENVA waste bin or any other waste bin.

4. There shall be a minimum of 2 SIA door supervisors on duty Friday and Saturday and bank holiday’s from 20:00- 00:00.The premises licence holder shall ensure that all door supervisors on duty at the premises wear a current identification badge, issued by the Security Industry Authority or under any accreditation scheme recognised by the Security Industry Authority, in a conspicuous position to the front of their upper body.

5. The premises licence holder shall ensure that adequate measures are in place to prevent the escape of odours from the premises. This includes odour from food preparation and refuse storage.

6. A sign shall be erected at the outside seating area requesting patrons to respect the privacy and amenity of neighbours.

7. These are in addition to the mandatory conditions relating to the supply of alcohol required by s.19 of the Licensing Act 2003.