LSC.12/17
The Sub-Committee
considered a report that sought to determine an application for a
new premises licence at Bearz Bar,
The Kidz
& Co, 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).
In addition, the
Licensing Specialist specifically outlined the amendments that were
illustrated at Appendix B of the presented agenda report that had
been agreed between the applicant and
the Police and Members noted the restrictions that had been placed
on the capacity for both the Ground Floor and First Floor of the
premises.
Finally, the Licensing
Specialist highlighted that the application had been subject to a
number of representations that had been raised both in objection
and support to the proposals. These
representations were outlined at Appendix C of the presented agenda
report and had been circulated to Sub Committee Members in advance
of this meeting.
1.
Address by the Applicant
In
her address, the applicant made specific reference to:-
-
her intention to respond to a number of the objections raised
in her follow up submission. In
attempting to do everything possible to mitigate against the
concerns that had been raised, the applicant stated that this was
reflected in the number of amendments and additional conditions
that she had agreed following discussions with representatives from
the Council, the Police and the Fire Authority;
-
the premises were now
fully insulated and the applicant informed that it was her wish to
maximise the use of the building that
she was leasing;
-
the business plan was
modelled on the premises being a good quality restaurant that
served alcohol, with background music (on occasion live music)
being played; and
-
there being an unfortunate number of misconceptions associated
with the application.
2.
Address
by the Supporters
At this point, the
supporters were invited to make their submissions to the meeting. In so doing, the following points were
raised:-
-
The application (as
revised) clearly demonstrated that the four licensing objectives
had been met;
-
The business was not
targeting young people drinking alcohol and the supporters were of
the view that the business had the potential to be very successful;
and
-
It was noted that
Temporary Events had previously been held on site and these had
been well received and had taken place without any
trouble.
3.
Address by the
Objectors
The
objectors each addressed the Sub-Committee and raised the following
concerns:-
-
Serious reservations over the noise implications
on neighbouring properties were highlighted. In particular, the objectors questioned the
effectiveness of the sound proofing measures that had been
installed, particularly on those occasions when live music was
playing;
-
With regard to the Temporary Events that had been
raised, the representatives felt that these were outside of the
peak summer season and, such was the difference at that time of
year, that it was difficult to draw comparisons;
-
The potential for additional litter and
anti-social behaviour arising from
customers smoking on the highway outside the premises was also
identified as an area for concern;
-
In citing a recent instance when the on-site Fire
Alarm was beeping, the objectors asked that the applicants provide
them with a contact telephone number to let them know should this
occur in the future;
-
There was a general need for those businesses and
residents on Island Street to live alongside each other with mutual
respect. In addition, the Island Street
highway was particularly narrow and there were safety implications
as a consequence;
-
Whilst not part of the licensed premises, the
objectors did not feel that the ‘Kidz & Co’ soft play and crèche
(that was also on the first floor of the building) mixed
particularly well with this application.
4. Address
by the local Ward Member
The local Ward Member in attendance informed that he
had initially objected to the application. However, he had since visited the site and had
spoken to the applicants and the landlord and he was now quite
satisfied with the application (as amended). Since the amendments and additional conditions had
been agreed, the Member felt that those concerns that were linked
to the licensing objections had now been overcome. In particular, the Member felt that the waiter
service of alcohol was a welcome improvement and would prevent
customers from congregating around the entrance.
Finally, the Member also advised the objectors that, in the event
of the licence being granted and there being ongoing associated
issues, a review could be invoked into the licence by the Council
(in its capacity as the Licensing Authority).
5.
Sub-Committee Questions
Having listened to each of the representations, the Chairman
asked the Sub-Committee to ask any questions of
clarity. In so doing, the following
points were raised:-
(a)
Officers confirmed
that a review into a licence could be
instigated by a complainant or any other third party;
(b)
Members noted that it
was within the legal clause of the applicants lease that the
building could only be used as a licensed premise because the
applicant would be the holder of the licence;
(c)
During the busy summer
months, representatives confirmed that Island Street was
particularly busy and there were no pavements along the road in
this area;
(d)
To minimise the impact of any cooking smells, the
Sub-Committee was advised that a condition would be imposed in
relation to appropriate ventilation equipment being
installed;
(e)
The applicant gave an
assurance that a new Fire Alarm Maintenance contract was now in
place that should overcome the recent issue referred to by one of
the objectors;
(f)
Whilst the Council had
previously received noise complaints related to Island Street,
officers informed that there had been none received during the last
18 months;
(g)
The applicant gave an
assurance that there would be no access to the building through a
rear entrance;
(h)
A condition had been
recommended to prevent any glasses or bottles from being taken away
from the premises.
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 Mrs Nightingale to consider the application and
then reconvened at 11.05am.
6.
The
Decision
In
announcing the Sub-Committee decision, the Chairman read out the
following statement:
“We
have considered the application for a new 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, plus
additional statements from persons here today. We have also considered the additional conditions
proposed by the Police and Fire Officer and accepted by the
Applicant.
It is our
decision to grant this application, subject to the following change
also being incorporated into the operating schedule and to include
the additional conditions requested by the Police and Fire Officer.
We have determined the further change to be appropriate to achieve
the licensing objectives:
-
Management
of litter including cigarette and smoking debris outside the
premises by regular checks in order to prevent public
nuisance.”