Agenda item

LSC.3/18        

                     

The Sub-Committee considered a report that sought to determine an application to vary the premises licence at The Boathouse, 28-30 Island Street, Salcombe.

 

The Licensing Specialist introduced the report and outlined the details of the application (as stated in the application form at Appendix A of the presented agenda report).  Whilst other matters had been raised during the consultation phase, the Licensing Specialist reminded the Sub-Committee that its decision had to be based upon the four licensing objectives.

 

 

1.      Address by the Applicant

 

In his address, the applicant provided some background information to the establishment of the business and proceeded to make specific reference to:-

 

-        the business employing 30 members of staff throughout the year and the consequent local economic benefits resulting from this organisation;

-        the purpose of this application being to increase opportunities (and therefore revenue) generated from the bar area;

-        the business having never received any complaints.  In addition, the applicant confirmed that the business had a very good relationship with its local neighbours and the Police;

-        the business having previously trialled the concept of tables and chairs being used in the courtyard area.  In reviewing this trial, the applicant reassured the Sub-Committee that there had been no issues or complaints raised;

-        the planning aspects.  The applicant informed that meetings were being held between the Council’s Planning Officers and his legal representatives and he would continue to take the necessary action to amend the associated planning conditions;

-        CCTV being in operation throughout the Distillery and Courtyard areas;

-        the importance of the reputation and branding of the business.  In stressing the importance, the applicant stressed that the business wished to be known as a responsible company;

-        the on-site stairs being very wide and supported by a handrail.  The applicant did not consider the stairs to be unsafe and felt that there were a number of other licensed premises in Salcombe that had similar stair arrangements;

-        any noise that was generated being kept within a contained area of the site; and

-        his willingness to pull some of the proposed seating back if that would make the application more acceptable to Members.

 

 

2.      Address by the Town Council Representative

 

At this point, the Town Council Representative was invited to make his submissions to the meeting.  In so doing, the following points were raised:-

 

-        Whilst the Town Council fully supported the business, it was of the view that this proposal was a step too far and the Town Council had a number of concerns related to noise.  In particular, the topography of the site resulted in noise travelling directly up through Church Street;

-        The Town Council had also raised a number of questions that included:

o  How the proposed 8.30pm closure would be enforced?

o  How would the business prevent glasses from being taken off-site?

o  In respect of emergency access provision, how would customers evacuate?

o  Where would the equipment be stored when it was not in use?

 

 

3.      Address by the local Ward Members

 

The local Ward Members both addressed the Sub-Committee and made reference to:-

 

-        one Member echoing the noise concerns that had been raised by the Town Council representative.  In particular, the Member felt that the noise would be funnelled directly into residential properties;

-        the safety concerns arising from the business being sited directly next to a vibrant marine workshop; and

-        the popularity and success of the business that had a reputation that went far beyond Salcombe.  The Members emphasised the economic importance of the business being able to both grow and thrive.

 

 

4.    Sub-Committee Questions

 

       Having listened to each of the representations, the Chairman requested that the Sub-Committee ask any questions of clarity.  In so doing, the following points were raised:-

 

(a)    With regard to the prevention of underage drinking, in addition to the CCTV being monitored, the applicant advised that staff would be regularly patrolling and managing the courtyard area.  As a result of the courtyard area being a confined area, the applicant was of the view that it would be easy to overcome these concerns;

 

(b)    The applicant advised that the tables and chairs would be stored away overnight underneath the stairs and in the warehouse on the ground floor.  The Sub-Committee noted that both of these areas were immediately adjacent to the courtyard area;

 

(c)    In response to the concerns raised over emergency access, the applicant confirmed that there was also an alternative access to the rear of the property.  By way of a further comfort, the applicant advised that a fire officer undertook an annual site visit to the premises;

 

(d)    It was not the intention of the business to provide a waiter service to the courtyard area;

 

(e)    The applicant informed that the proposal was for six tables (each with four chairs) to be located in the courtyard area.

 

Once all parties were content that they had no further issues or questions to raise, the Sub Committee then adjourned (at 10.50am) in the presence of Mr Debidin to consider the application and then reconvened at 11.25am.

 

6.      The Decision

 

In announcing the Sub-Committee decision, the Chairman read out the following statement:

 

“We have considered the application to vary the premises licence.

 

We have considered the Statement of Licensing Policy, the government guidance and our obligations that relate to the promotion of the licensing objectives.

 

We have read carefully the written representations from all parties and additional information provided to us today.

 

It is our decision to grant this application, subject to the following changes being incorporated into the operating schedule.  We have determined the changes to be appropriate to achieve the licensing objectives:

 

1.      The use of suitable signage in the outside area in relation to age restriction and noise nuisance;

 

(Reason: this is to address the licensing objectives under (i) Public Nuisance and (ii) the Protection of Children from Harm).

 

2.      The construction and use of a removable barrier at the point immediately behind the side door of the front building to address the concerns of there being a safe distance from the Public Highway.”

 

(Reason: this is to address the licensing objective under Public Safety).

 

In addition, the Licensing Sub-Committee took account of the representations of the Town Council and the local Ward Members and took into consideration the following matters not addressed by additional conditions:-

 

(a)    The existing use by vehicles in the area during the licensing hours;

(b)    The proposal by the Applicant to consider the placing of a suitable barrier to the side of the front building; and

(c)    The proposal by the Applicant to determine the safe number of tables and chairs in the area now allowed.

 

In addition to being appropriate, the Committee also believe the amendment(s) to be necessary.”