(a)

considered the report from the Director for Community Services;

(b)

considered the representations from interested parties;

(c)

heard that Environmental Health had put forward conditions to address their concerns which had been agreed by the applicant;

(d)

heard from the applicant that:

(e)

considered representations under the licensing objectives as follows:

(i)

Prevention of Public Nuisance –

access onto a roof space/terrace and the extension of hours would potentially increase noise to residents in the area and there had been an increase in noise late at night since the premises opened;

this was not considered to be relevant as the applicant informed members that the roof terrace would not be used and did not form part of this application;

use of the outside space such as a roof terrace would be almost on a level with the windows of seven apartments in Discovery Wharf and adversely affect many other properties if used for music, customers to chatter and general comings and goings;

this was not considered to be relevant as the applicant informed members that the roof terrace would not be used and did not form part of this application;

Martins Lane and other local streets have been used as a public convenience and for vomiting and any increase in hours could only increase this nuisance;

this was considered to be relevant however members heard from the applicant that he did not believe that this was caused by his patrons and accepted he could only control his patrons while in the vicinity of the premises;

the noise level from music and customers going between premises was already a concern and negatively impacted on the family’s quality of life and an extension of the hours could only add to this problem;

this was considered to be relevant however members considered conditions agreed with Environmental Health would address these concerns and they have also added a special condition;

there was already an unacceptable level of anti-social behaviour in the area and an extension of opening hours would only serve to make this worse;

this was considered to be relevant and members accepted there was the potential in the area for a cumulative impact of anti social behaviour, however members considered conditions agreed with Environmental Health and the special condition would address these concerns;

smokers congregating on corners and pavements nearby and frequently drop litter;

this was considered to be relevant however members heard from the applicant that he had a designated smoking area and members heard no evidence to link this to these premises;

groups of intoxicated people leaving various premises in the area already clash occasionally, usually leading to scuffles and often to shouting. This would increase if late-night drinkers leave other clubs and pubs to take advantage of the extra licensing hours;

this was considered to be relevant however members heard no evidence of this from the Police and the condition agreed with Environmental Health regarding Friday and Saturday night entry to the premises would be restricted to 2.30am and no re-entry would be permitted would address these concerns;

noise created by taxi’s collecting and dropping patrons and potential noise from taxi queues;

this was considered to be relevant however members heard from the applicant that taxis were booked in advance on the premises and that patrons were advised to wait in the foyer area;

(ii)

Prevention of Crime and Disorder –

there would be an unacceptable increase in drunken disorder and an increase in criminal and anti social behaviour;  

this was considered to be relevant and members added a special condition;

(iii)

Protection of Children from Harm –

there were no representations;

(iv)

Public Safety –

bottles and glasses were wantonly discarded and became broken glass, these would eventually be used as weapons by those in a drunken state with little awareness of normal acceptable behaviour;

this was considered to be relevant however members heard from the applicant that glasses and bottles were not permitted to be taken from his premises and after midnight he used polycarbonate receptacles;

(v)

Other representations –

there were already other late night drinking establishments in the area and there was no need for another especially until 4am;

this was not considered to be relevant as it did not relate to the licensing objectives.

(1)

subject to mandatory conditions contained in the Licensing Act 2003 and conditions consistent with the applicants operating schedule;

(2)

conditions agreed with Environmental Health that refer to the conditions to be added to the operating schedule for prevention of public nuisance (subject to the removal of Thursday from condition 1);

(3)

the operating hours and licensable activities on Monday, Tuesday, Wednesday and Thursday will be restricted to their current timings.