(a)

considered report from the Office of the Director for Public Health;

(b)

heard from the applicant and the applicant’s representative (summarised as follows):

·          

the application is for the grant of a premises licence to the Ocean Grill café bar/restaurant venue, for entertainment and sale of alcohol with 2 pre-booked private functions a week closing at 02:00, the rest of the time the premises would close at Midnight as usual;

·          

the premises is to operate on three levels containing 5 rooms 2 of which were to be used to hold functions;

·          

the applicant considered the main concerns of noise would be addressed by entertainment/private functions using the function room or gallery only where noise would be contained by closed windows and the stone wall structure;

·          

the premises would be operated as a food led café bar and it was never intended to operate as a night club; the application is to extend the business and to improve the premises and provide private functions in 2 of the rooms;

·          

have agreed conditions with Environmental Health and Police Officers and have proposed conditions in the applicants’ operating schedule which is considered will address all of the concerns expressed by the residents in relation to the control of noise from the premises.

c.

considered the representations (written and presented at committee) from the Responsible Authorities and the other parties  which are summarised under the following licensing objectives:

Prevention of public nuisance

Environmental Health officer:

·          

the venue has traded as El Café since 2013 with a premises licence allowing regulated entertainment of live music up to 23:00 only indoors and recorded music outside up to Midnight.  Three incidents of noise complaints, one in 2015 and two in 2016 where no formal action was taken but monitoring continuing;

·          

two applications were originally submitted for same site and it was difficult to establish what type of premises was to operate in the extended business;

·          

the application included regulated entertainment of recorded music between 11:00 to 01:30;

·          

the plan of the licensed area includes some outside space where disturbance may be created by patrons. Environmental Health concerns the site may cause noise problems if operated 7 days a week with music until 01:30 with concern it would trade as a nightclub;

·          

the inclusion of a function room where a higher volume of patrons are likely to leave the establishment at the same time may create disturbance;

·          

there are also operational activities carried out within the open hours between 11:00 & 02:00 that may cause disturbance – therefore conditions recommended;

·          

have subsequently met with the applicant’s representative and agreed conditions to control the noise;

·          

had further discussions with the applicant and their representative at the committee to agree final set of conditions

Police officer:

·          

found the application confusing as to whether it was a café, bar or nightclub;

·          

had a meeting with the applicant and Licensing and Environmental officer to confirm use of premises and agreed conditions based upon the venue being operated as a café bar/bistro  ...  view the full minutes text for item 9.