Agenda item

Thomas O’Maoileoin, representing Thomas and Thomas Partners, submitted an amendment to the original application.  He stated that the hours for all licensable activities be reduced to midnight.  Closing time would then be 00:30 to allow half an hour drinking up time.  To respond to concerns regarding alcohol on the premises he submitted an additional condition stating that customers could not bring alcohol onto the premises.

The licensing authority agreed with this amendment and advised that the only issue remaining was the proposed condition regarding the sale of alcohol, ancillary to food, between the hours of 08:00 to 11:00 am on Mondays to Fridays.

The noise officer reported that the noise team were concerned about the sale of alcohol in the area between the hours of 08:00 and 11:00 particularly on Thursdays to Sundays as this was a very busy area.

Mr O’Maoileoin informed the Sub-Committee that the early hours for the sale of alcohol were required to allow for champagne breakfasts. Five out of the six Burger and Lobster restaurants had been granted earlier licences.  It was expected that breakfasts/brunches were more likely to be taken up by people at the weekends.

In response to questions, the applicant stated that it was expected that the premises would attract local residents. They would not want to attract clubbers.  The premises had a receptionist and clients would be shown to the table and those intoxicated would be refused entry.  The premises would be opening for breakfast in any event. He understood the concerns of the police but had not come across problems with drinkers early in the morning.  He did not consider that it was necessary to have security guards for a restaurant at that time of the day.  The applicant understood that the premises was in a cumulative impact area but, as the hours would be reduced after midnight the licensing objectives would be promoted. Alcohol would be sold in a responsible way and if problems arose the licence could be reviewed.

In summary, the applicant stated that he would be happy to restrict the type of alcohol served with breakfast if it was considered necessary.

RESOLVED

a) That the premises licence variation be granted to:-

i)       Reduce the terminal hour for the sale of alcohol on and off the premises, the playing of recorded music and live music and the provision of late night refreshment to midnight Monday to Sunday.

ii)      Bring forward the commencement of the sale of alcohol for consumption on and off the premises from 08:00 am Monday to Sunday.

iii)    For closing hours to be brought forward to 00:30 hours.

b) That the following conditions shall be applied to the licence:

i)   Conditions of the current premises licence.

ii)   No alcohol shall be brought onto the premises.

iii)  Between 08:00 and 11:00 hours, alcohol shall be ancillary to a meal.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The Sub-Committee noted the applicant’s amendment to the application to reduce the hours for the provision of late night refreshment and regulated entertainment to bring it in line with the application to reduce the sale of alcohol until midnight. A reduction to the opening hours to 00:30 was also proposed.  In support of the amended application the applicant also offered a condition that no alcohol should be brought onto the premises.

The Sub-Committee noted that the licensing authority was content with the amended application but maintained a condition be imposed to ensure that the sale of alcohol was ancillary to a meal. 

The Sub-Committee heard evidence that the application for earlier hours was to offer customers coming to the premises to be able to consume alcohol with a substantial breakfast/table meal if they required.  The business was hoping to target local residents who were more likely to use their premises on weekends. There was a company policy in place not to serve to people who appeared to be intoxicated or on drugs.

The Sub-Committee concluded that, with the reduced hours applied for the evening and the condition that alcohol be served ancillary to the consumption of food for the earlier opening hours, the licensing objectives would be upheld.

The Sub-Committee took into account licensing policies 1 and 2 regarding cumulative impact and licensing policy 7 regarding licensing hours.