(e)

considered representations under the licensing objectives as follows:

(1)

Prevention of Public Nuisance –

(i)

there may be noise disturbance to residents from the use of the outside patio area;

this was considered to be relevant however the conditions agreed with Environmental Health would address any potential problems;

(ii)

there was a concern from residents that to grant the licence would exacerbate existing problems they experienced from other premises and Union Street such as excessive noise from parties, noise of shouting swearing and people urinating in the vicinity;

this was considered to be relevant however the committee accepted that the type of premises the applicant was seeking to run was not one that would add to existing problems which were outlined by the interested parties;

(iii)

there may be noise from the dispersal of late night customers. Noise was more apparent in the early hours of the morning and it was suggested that people who had been drinking tended to behave more noisily than they would otherwise do;

this was not considered to be relevant as this was speculative and there was no evidence to support that this was likely to be a problem;

(iv)

there would be noise from people returning to their cars in Gooseberry Lane which was next to the residential block and would disturb the sleep of residents;

this was considered to be relevant however the slamming of car doors and noise emitted from that action could not be attributed exclusively to the patrons of the applicant as the parking area was accessible to the general public;

(v)

there was a potential for an increase of loud unruly people passing and also congregating outside the premises and using the local doorways as toilets and general unsociable behaviour. In addition there would be increased noise from cars and taxi cabs setting down and picking up passengers;

this was not considered to be relevant as there were already existing premises in the area and the applicant had explained to committee that it was not her intention to increase footfall in the area as she hoped to benefit from patrons already in the vicinity;

(vi)

concern that noise from live music would affect residents of Wesley Court.

this was considered to be relevant however committee were of the opinion that the conditions agreed with Environmental Health would address any potential problems that may arise;

(vii)

there was concern that the noise from the playing of music would disturb the residents sleep. One interested party stated this was a concern due to his experience of the applicant’s premises at Royal William Yard, where he found the noise to be excessive;

this was considered to be relevant but members disregarded any reference to Royal William Yard as it was not relevant to this application. Members took account of the information given by the applicant regarding the sound test carried out and also considered that the conditions agreed with Environmental Health would address any potential problems;

(viii)

there was a concern that allowing drinking into the early hours of the morning near to a residential block for the elderly and disabled would cause stress and anxiety with the fear of harm to persons and property due to drunken behaviour;

this was not considered to be relevant as the committee had not been made aware of any actual reports of crime and therefore this was considered to be speculation with no evidence to support it;

(ix)

reference was made to existing noise problems experienced with other licensed premises in the area;

this was not considered to be relevant as there were separate powers available to deal with problems from individual premises and was therefore not relevant to this application;

(2)

Prevention of Crime and Disorder –

(i)

no representations;

(3)

Protection of Children from Harm –

(i)

no representations;

(4)

Public Safety –

(i)

no representations;

(5)

Other representations –

(i)

there was no need for this licence as there were plenty of venues nearby in Union Street;

this was not relevant as it does not relate to one of the four licensing objectives.