Report attached
Minutes:
The work carried out within 299 Hollins Lane had included the installation of a new ceiling, the change of location of a refrigeration unit and the addition of tiles. The sound system that had been installed was a domestic system with the volume set so that it could not be increased. The music was played at an ambient level to allow conversation and decibel testing had been undertaken by the owner which showed that the noise levels were equivalent to levels of normal conversation.
Mr Greenwood reported that the opening hours had been reduced over the previous 12 months to allow the owners more family time and that in 2019 there had only been 18 occasions when the restaurant had been open up to 11.00pm.
The Panel asked questions of the Applicant and the objectors present also asked questions.
The objectors present were given the opportunity to submit their objections to the Panel. The following concerns were raised:
The Panel asked questions and the Applicant was given an opportunity to ask questions.
Those present were given the opportunity to sum up.
The Panel then duly retired to consider the application and all of the information provided.
The Members of the Panel were advised by the Legal Officer as to their duties under Section 4 of the Licensing Act 2003 to at all times consider the promotion of the Licensing Objectives, these being:
1) the prevention of crime and disorder
2) public safety
3) the prevention of public nuisance
4) the protection of children from harm
The Members were also advised of their duties in carrying out those functions in relation to:
1) the Council’s published Statement of Licensing Policy
2) the Guidance issued by the Secretary of State as contained in section 182 of the Licensing Act 2003, which was updated in April 2018.
In addition Members were advised to give appropriate weight to the steps that are appropriate to promote the licensing objectives and the representations presented by all parties.
The Panel also had regard to the European Convention on Human Rights and in particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life, his home and his correspondence. A fair balance between competing interests must be considered.
Findings:
The following facts were found:
10.There have been concerns regarding waste disposal associated with the premises, but the contract with the waste company has been terminated and a new company engaged.
11. There is no evidence that varying the premises licence to incorporate 297 will have or potentially have an adverse impact on the promotion of licensing objectives.
Delegated decision:
The evidence was considered with care and following hearing from all parties, having understood the application and equally understanding the representations made and objections raised, in accordance with its duties and in light of the relevant policy and guidance the Panel considered it reasonable, balanced, appropriate and proportionate, To Allow the Application for the Variation of the Premises Licence as set out in the report, there being no concerns as to promotion of the licensing objectives set out in the Licensing Act 2003.
Supporting documents: