The Licensing Officer introduced the matter for determination and informed the Sub-Committee that the application sought the grant of the following:
? a variation to the existing premises licence to permit the provision of late night refreshment, Monday to Sunday, from 23:00 to 03:30 the following morning, with the premises continuing to close to the public at 23:00 Monday to Thursday, and at 02:00 on Friday, Saturday and Sunday. After 23:00 Monday to Thursday and after 02:00 Friday to Sunday, late night refreshment will be provided through a delivery service only.
The Licensing Officer informed the Sub-Committee that the current hours of licensable activities and operation were laid out in Annex 3 of the licensing report and that no amendment to the hours the premises are open to the public was being sought.
The Licensing Officer explained that the applicant had advertised the application, as required, by way of a poster at the premises and by advertisement in a local newspaper and that the application had also been advertised on the Council’s website for the full consultation period. In addition, some 311 addresses were consulted in writing and informed that an application had been received. 1 valid representation was received from Other Persons. The representations made reference to matters that relate to the Prevention of Public Nuisance licensing objective. It was confirmed that all Responsible Authorities received a copy of the application and no representations were received from those Responsible Authorities.
The Sub-Committee first heard from the applicant who explained that the application was to extend the ability to carry out deliveries from the premises until 03:30. There would be no change to the current licence permitting customers at the premises as they were not seeking any change to the opening hours. The applicant explained that, should the application be granted, a number of conditions will be added to the licence, and as a result the licence will become strengthened and more robust for any potential future concerns. It was also pointed out by the applicant that out of 311 notices sent out to neighbouring addresses, only one representation was made.
The Sub-Committee queried the applicant in relation to the written representation from the Other Person with regards to the potential of excess noise caused by motor vehicle drivers carrying out the deliveries from the premises. The applicant clarified that the vehicles used to carry out the deliveries would be motor cars only and they would only be controlled by employees of the premises. There would be no deliveries made by mopeds/motorcycles or third party services. The employees would park their vehicles to the rear of the premises and would be waiting inside until a delivery would be due to be carried out, this would ensure that there would be minimal noise disturbance to local neighbours. The applicant was happy for the wording of the condition to be amended to clarify that the vehicle deliveries would be made by motor car only and for a condition to be imposed that delivery drivers will be instructed not to slam their car doors. The applicant pointed out that the delivery drivers will be employees of the business and not external drivers. The drivers would be carrying out other tasks inside the premises before making deliveries and not waiting outside in their vehicles. As confirmed with the legal advisor, an amendment to permit external/third party delivery drivers would require a further application to the licensing authority to vary the premises licence.
Reasoning and decision
In making their decision, the Sub-Committee considered the merits of the application and had regard to the Council’s Statement of Licensing Policy and guidance issued by the Secretary of State under section 182 of the Licensing Act 2003. The Sub-Committee considered the steps which were appropriate and proportionate to promote the licensing objectives, and after taking account of all relevant issues that had been raised in the application and by the written and verbal representations, decided to GRANT the application to VARY the premises licence subject to conditions as set out below.
The Sub-Committee decided to grant the application to VARY the PREMISES LICENCE, subject to conditions, as follows:
Monday to Sunday from 23:00 to 03:30 the following morning;
Monday to Thursday from 11:00 to 23:00
Friday to Sunday from 11:00 to 02:00 the following morning
b) Conditions arising from applicant’s Operating Schedule:
The prevention of crime & disorder
1. The premises shall install and maintain a comprehensive closed-circuit television system (CCTV).
a) All entry and exit points must be covered, enabling frontal identification of every person entering in any light condition.
b) The CCTV system shall continually record whilst the premises are open.
c) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
d) Viewing of recordings shall be made available immediately upon request by the Police or authorised officer of the Council.
e) A staff member who is conversant with the operation of the CCTV system shall be in the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested and within a maximum of 24 hours from the initial request.
f) Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV system, and will be able to download selected footage onto a disk/USB stick for the Police or authorised officers of the Local Authority or UK Border Agency without difficulty, delay or charge.
g) Any CCTV breakdown or system failure will be notified to the Police and Local Authority immediately and remedied as soon as practicable. Repair records / invoices shall be kept on site for at least 12 months and be readily available to be viewed by all authorised persons upon request.
h) Notices shall be prominently displayed within the premises stating that CCTV is in operation.
2. An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police. It must be completed within 24 hours of the incident and will record the following:
a) all crimes reported to the venue;
b) all ejections of patrons;
c) any complaints received concerning crime and disorder;
d) any incidents of disorder;
e) all seizures of drugs or offensive weapons;
f) any faults in the CCTV system, searching equipment or scanning equipment;
g) any visit by a relevant authority or emergency service.
3. All staff will be fully trained on induction in their responsibilities.
4. Refresh training will be provided every 6 months.
5. Training records will be kept and made available for inspection to an authorised officer of the Council or the Police.
Staffing, staff records
6. All documents for members of staff shall be checked to ensure they have the right to work in the UK. These records shall be made available upon requests to all responsible authorities. All associated ‘entitlement to work’ documents:
a) must be logged and kept on the premises for the duration of the employment; and
b) must be retained for a minimum of 12 months after employment has ceased.
7. All deliveries of food must be made to a bona fide address, either commercial or residential.