(i)

considered the report from the Director for Community Services;

(ii)

heard that following agreement of conditions with the applicant as per (iii) below Environmental Health had withdrawn their representation;

(iii)

considered the written representations and heard from interested parties present;

(iii)

heard from the applicant that:

following receipt of the representation from Interested Parties amendments had been made and conditions agreed with Environmental Health as detailed below:

1.      The Licence Holder or nominated person will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment and periodically throughout the activity/entertainment and take action to reduce noise levels if they are found to be excessive/distinguishable above background levels at the nearest residential property.

2.      The performance of live entertainment will be limited to a maximum duration of  two hours inclusive of any breaks

3.      Waiter/Waitress service will be available throughout the premises at all times.

4.      Substantial Food will be available at all times. (Subject to a permitted wind-down period before the terminal hour of service.)

5.      Consumption of alcohol at the bar area is subject to patrons waiting for tables or sitting at stools provided.

6.      Numbers of patrons drinking in the bar area (not awaiting tables) shall not  exceed 10 persons

7.      Management will control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate.  Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

8.      A telephone number will be made available and displayed in prominent locations in the Brewhouse and Clarence buildings for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons associated with the premises.  The telephone number will be a direct number to the management who are in control during opening hours.  A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call.  Records will be made available for inspection either by authorised officers or Police throughout the trading hours of the premises.

9.      A designated, de-lineated and bordered smoking area will be allocated outside the premises.

10.  Suitable receptacles will be provided for cigarette litter within the designated smoking area.

11.  A specific taxi operator has been nominated for staff and customers use.  The company’s telephone number is advertised to customers.  The operator and all drivers are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.  In addition, staff will leave as quietly as possible, particularly at night and early in the morning.

12.  The handling of beer kegs, bottles and other similar items will not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

13.  Provision of mechanical ventilation and air conditioning systems will not allow noise breakout from the premises or cause a nuisance by its operation.

14.  There will be kitchen extract systems taking smells and grease away from habitable areas.

15.  Ventilation equipment will be regularly cleaned and maintained to control the levels of odour generated by the premises.

16.  The predominant use of the premises shall be as a restaurant.

The applicant also wished to address further concerns of the interested parties by putting forward voluntary additional conditions:

A. That the application would be amended so that there would be no non standard timings for off sales on New Years Eve and that the non standard timing for New Years Eve and on sales would be to extend opening until 2am.

B. There would be pneumatic tyres fitted to their trolleys to limit noise nuisance

C. That the disposal of rubbish would not take place outside between 9pm and 8 am.

D. The outside seating area would be limited to a maximum of 200 people at any one time

The applicant also confirmed that all conditions put forward on the application were to be attached to the licence.

The applicant has also added voluntary conditions in respect of the age verification to its operating schedule:

• A formal age verification policy document will be in place
• A challenge 21 or 25 scheme will be in place
• Age restriction signage will be displayed at the premises
• Training will be in place to ensure all staff are aware of the age restriction policy and full training records will be kept on the premises
• Records will be kept of all incidents, concerns, refusals etc.

(vi)

considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

having tables outside on the dock would cause problems with noise and smoke inhalation to nearby residents. This was considered to be relevant. The committee felt this potential problem would be addressed by the conditions agreed with Environmental Health and the conditions put forward by the applicant. 

there is no adequate extraction/ventilation system and therefore the late night refreshment aspect of the application may cause a nuisance to residents. This was considered to be relevant.  The committee considered that the conditions agreed with Environmental Health would address these potential problems.

the noise generated beneath the homes from the premises will lower the quality of life of the residents. This was considered to be relevant. The committee considered that the conditions agreed with Environmental Health and those contained within the applicants operating would address these concerns.

the application for extension of time in relation to New Years Eve would cause disturbance to residents sleep due to the playing of recorded music, live music, late night refreshment and sale of alcohol. This was considered to be relevant and had been addressed by the applicant amending his application in this respect as per A above.

live and recorded music at the premises would cause a nuisance and interrupt the lives of residents. This was considered to be relevant. The committee considered that the conditions agreed with Environmental Health would address this concern.

there were concerns that there would be disturbance to residents as a result of the premises clearing up and removing waste. This was considered to be relevant however the conditions volunteered by the applicant at B and C above would address the concerns in addition to those put forward by Environmental Health;

the sale of alcohol without food would turn the premises into a late night drinking and music venue and this could lead to disturbance as has happened with other venues in the area. This was considered to be relevant however the committee was satisfied that this was addressed taking into account the conditions agreed and volunteered and the assurances given by the applicant that this was a food based business;

that there would be disturbance to residents as a result of deliveries and staff and customers entering the premises. This was considered to be relevant however it was considered that this was addressed by the conditions agreed with Environmental Health and those volunteered by the applicant;

there would be a significant increase in taxi traffic accessing the area which would cause a nuisance. This was considered to be relevant however this would addressed by the conditions agreed with Environmental Health;

inadequate parking will cause a nuisance for residents. This was not considered to be relevant under this licensing objective;

b)

Prevention of Crime and Disorder –

The sale of alcohol off the premises during non standard timings on New Years Eve could impact on this licensing objective. This was considered to be relevant however it was addressed by the amendment to the application put forward by the applicant detailed at A above.

d)

Public Safety –

Concern that the outside seating area could become overcrowded and inhibit the access of the emergency services. This was considered to be relevant but was addressed by the voluntary condition at D above.

e)

Other representations –

There are two other cafes in different parts of the area and so there is no need for another. This was not considered to be relevant as need was not a relevant consideration under the Licensing Act 2003.