(a)

considered the report from Director for Public Health;

(b)

heard from the applicant and considered the response to Notice of Hearing as follows:

·        

the bar itself had a capacity of 40 people. The hotel had a capacity of around 30 people which would mean that with a full hotel the most the bar could accommodate would be 10 non-members;

·        

the premises is primarily a hotel and is it that which the variation to the premises licence seeks to build upon rather than be a detriment to it. Their best room is right above the bar and so it would not be wise for them to have events that affected that room. It was envisaged that it would be Friday and Saturday evenings when the hotel would be open to non-residents. They have no ambition to be a nightclub or pub as the hotel is their primary focus. They have no wish to throw people out or create rowdy bar. They are trying to achieve a venue where people can have a quiet drink. The owners live on site themselves;

·        

the applicant believed that the application was relevant to the Council's corporate plan in that it would help unlick the City's potential by attracting visitors, utilising social and cultural offers and creating opportunities for increased levels of employment. They would achieve this by offering a relaxed adult social hub for local residents, businesses and visitors alike to enjoy a drink in the bar but also to participate in planned craft workshops run by local makers and creators with the opportunity for a social drink during or after the workshop;

·        

they opened at the end of September 2021 and feel they have already started to make a strong case for being a favoured hotel destination within the city. As a result they are already looking for additional staff members;

·        

they are applying for earlier licensing hours, the ability to serve non-residents and for off-sales to both residents and non-residents because their aim is to promote local businesses by either selling their products in the bar (wine, beers, spirits) whether through on or off sales or by running craft workshops, such as ticketed painting and making workshops which will be available to both staying guests and non-guests. Therefore, by having a venue which can allow for social drink to be consumed either on the premises or for takeaway, they will be able to promote the small business and creators more effectively;

·        

earlier licensing hours are for guests of a local event e.g. wedding day, graduation day who may want to consume a drink slightly earlier in the day;

·        

in direct response to the objections:

·        

no suitable smoking area - there is a segregated, gated outside area on their premises to the side of their entrance accessed through a small gate - it contains tables and chairs and a cigarette bin. Guests are told that this is the area and are encouraged to use it. It is also published on their business terms and conditions on their website as well as being on the guest registration form. Smoking is not promoted on the premises and they don't sell tobacco products or any accessories. As they are an existing hotel they cannot control which of their guests are smokers. However, their experience at present is that most of their guests are non-smokers. They do not envisage that their customers will be consuming copious amounts of alcohol and then going into the smoking area and being noisy but if that happened the management would be asking patrons to keep the noise down;

·        

off sales mean entering and leaving more frequently causing noise, and litter: The inclusion of off sales is aimed primarily but not limited to the desire to sell gift hampers. It was hoped it would allow guests and non-staying visitors to drink more sensibly knowing that they can leave and take a drink home with them. They do not intend to become known as the local pub or the local off licence. The aim is to create a calm and mature social venue. Drinks are primarily bought from small/micro-breweries or distillers and as such their prices will be no match for pubs or supermarkets in the vicinity of Elliot Street. In their discussions with the Police, they report that the police felt that their prices were not something that would work for party goers or street drinkers and so there is no need for a no single can sales condition;

·        

selling to non-residents is again to allow people to sample the local products on sale, at home. They would be able to take home unfinished wine or to purchase hampers on sale that may contain alcohol;

·        

in relation to the concern about litter, they keep the immediate area clear of rubbish and actively checking the exterior of the premises for litter and disposing of it correctly;

·        

concerns about the impact from late night events, and no adverse noise from loud music or singing: They have not applied for late night entertainment and would not do so unless through a temporary event notice. The area has only recently had more residential properties and this is because of the properties deregistering as businesses. There are two other aparthotels/hotels in Elliot Street. The main revenue for the Craft House is through room sales and therefore it would be counter to their own interests to pursue extra bar sales to the detriment of the room sales;

·        

they live in the hotel themselves (at the front of the premises) and have not been disturbed by noise from people leaving the Hoe;

(c)

disregarded the three letters in support of the application as these were effectively a representation submitted outside of the timescales laid out within Licensing Act 2003 and as such could not be considered as a relevant representations;

(d)

considered the following written relevant representations:

·        

there was concern around potential for noise during the night and early hours of the day regarding permission for off sales until 1am. Additionally, off sales could mean people are entering and leaving more frequently causing more noise and litter in the area.

This was considered to be relevant to licensing objective of Prevention of Public Nuisance. The committee did not consider that the problems envisaged would occur given the business model to be operated by the applicant and therefore it was not considered appropriate to take any action to promote the licensing objectives in respect of this representation;

·        

there is no suitable smoking area at the premises and patrons congregate outside the front of the premises opposite flats which would create noise problems. Patrons should not be allowed to take drinks outside.

This was considered to be relevant to the licensing objective of Prevention of Public Nuisance. However, it was noted that the smoking area is to the side of the premises. Additionally, the premises already operates as a hotel and given that the main variation is the addition of hours in the morning and the addition of off sales, the committee did not consider that the problems envisaged in the representation would occur. The management had also been clear that if any problems did occur they would address them. Taking all of this into account the committee considered that it was not appropriate to take any action to promote the licensing objectives in respect of this representation;

·        

there was a concern about the impact from late night events and that there is no loud music or singing etc.

This was considered to be relevant to the licensing objective of Prevention of Public Nuisance however, the premises were not licensed for late night events and so the committee considered that it was not appropriate to take any action in respect of this representation;

(e)

noted that conditions had been agreed with the Police but that there had been no other representations from Responsible Authorities on any issue.