Agenda and minutes

Councillor Phil Graham welcomed everyone to the meeting and officers and members introduced themselves.  The procedure for the conduct of the meeting was outlined.

Apologies for absence were received from Councillors Nick Wayne and Councillor Dave Poyser.

Councillor Phil Graham substituted for Councillor Nick Wayne and Councillor Marian Spall substituted for Councillor Dave Poyser.

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

*(a) Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

This applies to all members present at the meeting.

There were no declarations of interest.

The order of business would be as the agenda.

RESOLVED:

That the minutes of the meeting held on 9 September 2021 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

The Chair stated that the Sub-Committee had received a lot of late material during the day regarding this application.  The Sub-Committee had not had the opportunity to go through all of this information and he made the suggestion that it may be in the best interests for all concerned to adjourn this item.  The licensing officer stated that it had only become apparent during the day that the premises were expecting to make deliveries and the applicant had accepted delivery conditions from the noise team. The hours had been reduced but had not been agreed with the responsible authorities. The applicant stated that he would be happy to proceed. The police raised concerns about the hearing proceeding but the Licensing Authority stated that ultimately it was the decision of the applicant.

The licensing officer introduced all parties. She reported that there was an outstanding condition regarding vertical drinking that was yet to be agreed. Hours had been reduced from the application to Sunday to Thursday from 10am to midnight and Friday and Saturday from 10am to half past midnight.  Three interested parties had withdrawn their representations after agenda publication.

The Licensing Authority stated that there had been a history of noise complaints with loud music emanating from the ground floor and the basement. This was a very quiet location and she therefore considered that core hours should be applied to the licence.  She had proposed conditions 1-7 although she stated that the Sub-Committee consider condition 1 regarding 6-8 customers waiting for a table in the basement area. Conditions 3-7 had been accepted by the applicant. She objected to a late night delivery service and understood that the noise team had drafted conditions for deliveries which had been sent to members of the Sub-Committee.

The police stated that the last minute material had been confusing.  He stated that he would not want vertical drinking anywhere in the premises although he did not object customers waiting for a table. The applicant had engaged regarding the TENs notices.  He considered that there needed to be a good reason for this licence to be granted outside framework hours and he did not think that in this case the licence was an exception.

The noise officer stated that there should be no regulated entertainment until a full acoustic report had been carried out and checked by the noise team in order to prevent nuisance.  Delivery conditions had been accepted.

A local resident asked for clarification regarding the hours, raised concerns about the delivery service which she had been unaware of and the applicant’s proposals for people congregating on the pavement.

The applicant stated that as soon as they were aware about the noise complaints about the previous licensee they had installed soundproofing in the floor and ceiling.  This was a tapas restaurant offering good food and wine.  He understood the concern about the hours due to the previous operator but this was not a cocktail bar and he encouraged neighbours to visit the premises.  He  ...  view the full minutes text for item 158.