The Committee will appoint a Chair and Vice-Chair for this particular meeting.

The Committee agreed to appoint Councillor Hendy as Chair and Councillor Lugger as Vice-Chair for this meeting.

Members will be asked to make any declarations of interest in respect of items on this agenda.

There were no declarations of interest.

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

There were no items of Chairs urgent business.

The Committee having heard from the applicant’s representative as follows:

a)    The history of the premises and the license attached to it.

b)    That the Applicant agreed to all the conditions proposed by the Environmental Health Department, at pages 15 and 16 of the Report, except Condition 1 and Condition 4 (relating to the requirement of a noise-limiting device);

c)    Play Area:

                      i.        The premises had CCTV that covered the outside area as well as inside and included sound which allowed active supervision and remote monitoring of the premises;

                     ii.        The play area was constructed in Germany and complied with all safety requirements.  Its use would only be during good weather and in daylight;

                    iii.        The children would be supervised.  Its use will be di minimis.  The Applicant would agree to it closing at 9pm.  There was little evidence of “significant” issues during sensitive times;

                    iv.        The applicant provided a complaint telephone number so if there were any issues regarding the play area, it could be reported to management and dealt with.

d)    Noise Limiting Device:

                     v.        The Applicant had not put on any regulated entertainment.  The music had been “background” music which was not a licensable activity;

                    vi.        The Premises’ target audience was families and diners.  The Applicant did not intend it to be a live music venue;

                  vii.        There were financial implications for putting in noise limiting equipment.  It was disproportionate and expensive to install. Mr Semper read paragraphs 2.23 and 9.44 of S182 Statutory Guidance to the Committee;

                 viii.        There were three complaints since the Applicant took over, but he had not been aware of the details, and they were not served prior to the hearing.  As soon as the Applicant was aware, he turned the music down or off;

e)    The concern of the Environmental Health (EH) Department that the Applicant would not comply with the conditions (page 14 of the Report) was unfounded.  He had accepted 11 of the 13 conditions proposed by the EH Department.  If he was not trusted, why propose the conditions? The Applicant gave assurances that he would comply;

f)     The Applicant did not work full time on the Premises.  He could be elsewhere provided what was in place was sufficient to promote the Licensing Objectives;

g)    There were four undated videos.  The use of the garden had been dealt with as part of the conditions relating to the outside area which was already agreed;

h)    This was an application for a variation, not a premises review.  The Applicant was asking for a relaxation of what was in place before.  There was legal provision if there were issues through a review under s.51 Licensing Act 2003.  Case referred to: Taylor v Manchester City Council [2012] EWHC 3467 (Admin);

i)     Children playing in the play area was not a licensable activity.  Noise nuisance would fall under the statutory nuisance regime;

j)     As noted at paragraph 1.3 of the Report, live and recorded music between 8:00am and 11:00pm was not licensable and “The  ...  view the full minutes text for item 92.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) (1,2,3,4,5,6,7) of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

There were no items of exempt business.