(i)

considered the report from the Director for Community Services;

(ii)

considered the written representations and heard from interested parties;

(iii)

heard from the applicant that:

·        

they wanted to be involved in the community; they have a community board in the premises at the moment;

·        

they would have 18 covers in the premises and wanted to have the option to provide take away food and drink although their main aim was to provide sit down breakfasts;

·        

they were asking to open until 5am 7 days a week but may not be open for that length of time as it would depend upon the level of custom;

·        

they had their own residents in the same block as the premises so were also concerned with disturbances and would do all they could to make sure their premises did not add to existing problems. They felt that providing a meal may reduce problems in the area;

·        

there was a problem with rubbish in the area but this mainly came from a new residential building in the area which did not have suitable provision for rubbish. The applicants were regularly clearing the area themselves;

·        

they did not consider they would bring additional people into the area as it would be passing trade they would attract;

·        

they would have CCTV installed and would work with the police;

·        

they were experienced licensees;

·        

the applicants had installed extra lighting in Gibbon Lane to improve the area and prevent problems;

(vi)

considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

·        

granting a food licence until 5am would have a detrimental impact on the local community as the premises was very near a school and residential housing. It would draw a large number of intoxicated individuals into the area with resulting noise, disturbance and anti social behaviour. They already suffer with pavements being littered with vomit, broken glass and urine after weekend evenings; this was considered to be relevant but there was no evidence to support this bearing in mind the size of the premises;

·        

there was a paved area with seating around the corner from the café and interested parties were concerned that this would become even more of a focus for loitering and disruptive behaviour; this was considered to be relevant and members felt that this would be addressed by the imposition of a special condition;

·        

the local community already suffered from broken glass on pavements and interested parties feared that the granting of the licence would aggravate this and add to litter and mess which was already a problem in the area; this was considered to be relevant and members considered that this problem would be addressed by the imposition of a special condition;

b)

Prevention of Crime and Disorder –

·        

residents feared an increase in antisocial behaviour, damage to vehicles and other petty crime due to the drawing in of larger numbers of inebriated individuals and groups in the area if the licence was  ...  view the full minutes text for item 10.

(i)

considered the report from the Director for Community Services;

(ii)

considered the written representation from interested parties and noted that in response to the notice of hearing the interested parties indicated that the application to extend opening hours indoors was not an issue; they only wanted to object to the applications relating to the outdoor elements of the application; a petition was received signed by 18 people. This was treated as one representation;

(iii)

heard that Environmental Health had withdrawn their representations following agreement of conditions with the applicant;

(v)

heard from the applicant that:

·        

he had received various complaints from one particular resident in relation to noise from bins, doors slamming and he had taken action to address those concerns;

·        

the premises, under its previous name, had allegedly caused problems for residents;

·        

none of the residents had ever come into the restaurant to complain;

·        

the applicant considered himself to be a very good restaurateur with many years experience. He considered he had good clientele. He mainly served wine with food to stop drinkers just coming in, it is tables only;

·        

the application had been made so that he can get into the wedding reception market and also for occasions such as Christmas;

·        

he does a lot of charity events for the community without any complaints with the few late licences he has had;

·        

the application to vary to licence  had received no objections from the Police;

·        

he had a set of house rules which were presented to the committee;

·        

he had a petition signed by approximately 48 people; the  Committee noted that there were no addresses on the petition (which was headed up as a music petition) and so were unable to put any weight on it as they were not able to say whether these people came within the vicinity of the premises;

·        

he had signed and agreed to the conditions put forward by Environmental Health detailed below being included within his operating schedule:

1

Where regulated entertainment is held inside the premises, doors and windows will be kept shut at all times

2

Live and recorded music outdoors will only  be permitted when a function has been pre booked and a substantial meal is provided as part of that function

3

All regulated entertainment will last no more that three hours duration, inclusive of any breaks

4

No more that 12 performances of regulated entertainment outdoors shall be permitted in any calendar month

5

A member of staff will be nominated to deal with noise complaints and will respond to local residents concerns if issues are raised, as well as any reasonable request made by an Officer of a Responsible Authority.

6

Music noise should not be excessive/unreasonable at any time, responsible member of staff should take action to control music noise if found to be excessive/unreasonable.

7

A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of  ...  view the full minutes text for item 11.