Issue - meetings

The application

The application was to vary the licence as follows:

1.Amend the terminal hour of the sale of alcohol and late night refreshment on Friday and Saturday to midnight; 2.Amend the terminal hour for opening hours to permit 30 minutes drinking up time; 3.Amend the start time of the sale alcohol and opening hours on Sunday to begin from 10:00 (currently 12:00); 4.Remove the restrictions set out in condition 9 which related to the times when alcohol may be sold, as these conflicted with the usual for the sale of alcohol. Condition 9 & 9a - f to be removed. Condition 9g to be retained. 5.Remove conditions 10 & 10a – j which contain outdated conditions and narrative from the Licensing Act 1964. 6.To add conditions as set out in the operating schedule of the application form.

(i) The case for the applicant

Members were advised that a number of TENS had been granted between August and September 2022 until midnight with 30 minutes drinking up time. No complaints had been made. A consultation meeting had been held with local residents. The applicant had a large number of licensed premises and the variation sought for Friday and Saturday evening was not unusual. The additional ten minutes drinking up time sought, accorded with more modern licensing practice and would allow a more orderly dispersal of customers. Councillor Brock was asked by the applicant to speak in favour of the proposal.

(ii) The case for the objectors

There was a sole objector, Councillor Bennett. He addressed the Sub-Committee and referred to the residential nature of the area, in particularly with a nearby elderly persons’ home in Red Lodge Road. In his opinion, the area was not suitable for extended hours. He had also visited the premises during the last two weeks and observed possible breach of licensed conditions in terms of closing hours.

Reasons for decision

Members considered the amended application, the written and oral representations, the Council’s Statement of Licensing Policy and statutory guidance. They did not feel there was sufficient evidence for them to conclude that the application would cause public nuisance. Members agreed that with the agreed condition concerning keeping the doors and windows shut, the application could be permitted without harm to the licensing objectives. Members noted that the police and the environmental health officer had not raised an objection. Nor had there been objections from members of the public. Although a concern had been raised about a possible breach of licensing closing hours, the Licensing Team had not raised an objection.

Decision

That the application for a variation of the premises licence be granted as applied for subject to the condition:

After 11pm, doors and windows at the premises shall be kept closed except for access and egress.

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