Agenda and draft minutes

Members appointed Councillor Kira Gabbert as Chairman.

There were no declarations of interest.

Applicant’s case:

Mr Elford announced that the application was amended so that the hours for sale of alcohol, recorded music, live music, late night refreshment and performance of dance were as follows:

Mondays to Wednesdays – 11:00 to 23:00

Thursdays – 11:00 to 00:00

Fridays and Saturdays – 11:00 to 01:00

Sundays – 11:00 to 00:00 (but the Sunday before a bank holiday – 11:00 to 01:00)

The hours of opening were from 11:00 to 30 minutes after the end of the licensable activities on the relevant day. 

Mr Elford commented on the objections from Cllr Owen and residents of Broomhill Road by saying parking was not relevant and there was a lack of substantive evidence of any problems.  It was not clear where all of the objectors lived.  The applicant was prepared to have door staff and a dispersal policy, which demonstrated a commitment to the licensing objectives. 

In relation to the objection from the Public Health Nuisance Team, this should be ignored as it was not specific and frivolous.  It was acknowledged that the planning permission was not consistent.  There was no intention of breaching planning control and the situation would be remedied. 

Questions to the applicant:

Cllr Gabbert asked about the use and the applicant stated it would be a restaurant serving Mediterranean style food.  Condition 10 would therefore no longer be appropriate, as it specified Italian food. Habits were changing and restaurants were becoming busier on Thursdays and Fridays and also later.

Cllr Michael queried the need for such late opening hours for a restaurant.  The applicant replied condition 11 ensured the premises were used as a restaurant.  Customer demand was changing towards eating and staying out later.  In relation to paragraph 29 of the planning appeal decision, the applicant pointed out it had been made 20 years ago and reiterated the change in patterns.  He added planning was a different regime, which went beyond the licensing objectives.  The nearest residents to the patio were above one of the shops down the street.

In response to Cllr Jeal, the applicant confirmed the layout of the premises on page 35 was correct. The patio was an external smoking area and drinks weren’t allowed. The operation would be an upmarket restaurant with entertainment during busier times, such as a belly dancer, pianist and recorded music.  It would not be so loud that people couldn’t hear each other.  There shouldn’t be a problem with people moving on to these premises after closing time elsewhere, as the last entry time would be 1 hour before the end of the licensable activities.  The applicant had owned the premises since 2021 and was not aware of any noise complaints in that period.  Cllr Jeal queried having door supervisors. The applicant stated this had been offered to address concerns over nuisance. It was acknowledged their presence could give the premises an appearance of more of a nightclub than a restaurant.

Mrs Richardson asked what steps would be taken to prevent a public nuisance.  ...  view the full minutes text for item 3.