03
The Committee received and considered the Licensing Officer's report, noting that this was an application for a new premises licence for Tipsy Grill and Bar – Restaurant, 138c High Street, Gorleston, Great Yarmouth. A note of nearby premises in the High Street and Lowestoft Road, giving their hours of licensed activities, was provided by the licensing team to those present.
It was advised that the premise was described as a grill, restaurant and bar. The application was for the supply of alcohol (on sales) from 10am to 2am each day, live and recorded music and late night refreshment from 11pm to 2am each day.
The Licensing Officer report that the application had received 17 representations in objection to the application. It was advised that one representation was from a local Councillor and the other representations were from local residents.
The applicant's agent here addressed the Committee. He advised that the premises was being transformed following a large investment into a restaurant and bar. There would be seating for 56 persons, and it was intended to provide formal meals. Whilst there had been objections raised the agent suggested that the Committee considered noting the number of persons living in the area seventeen objections was a particularly small number. the agent advised that the premises were not intending to run the facility like a bar the environment would be controlled and the licensing objectives would be promoted. The agent commented that the hours sought meant that persons would not all leave at the same time and that tourism would be promoted also.
The applicant mentioned that it was intended to use the structure of the premises to control the level of music noise arising, and it was not intended to play loud music. The applicant noted premises with 24 hr opening on the note of nearby premises.
The agent advised that there would be dedicated staff to manage the flow of people using the restaurant and a sign would be erected asking customers to be careful about not disturbing neighbours when leaving. It was noted that there was no outdoor space available outside the front of the premises and it was agreed that persons would not be able to take alcoholic drinks outside, noting the premises sought an on-licence only.
The agent advised that there has been concerns raised from residents regarding parking issues, but it was suggested by the agent that parking was not a relevant licensing consideration. The applicant noted that there were no representations made by responsible authorities.
Councillor Galer asked with regard to the live music and the nature and intention of positioning for this. The Applicant advised that this would be provided close to the bar and he confirmed that tables would not need to be moved to accommodate this or make a dance floor.
Councillor Newcombe asked with regard to comments that had been made regarding tourism and what research had been completed on the area to attract to this location. The applicant noted the site was in the middle of a junction close to a taxi stop, and that the site was likely to attract persons coming from nearby establishments. The applicant advised that he was aware the high street was a busy area and had therefore purchased the site. The applicant advised that he was not intending for the premise to be open until 2am every day, but had requested this for flexibility if there was to be a function. The applicant also advised that he would be employing around 15 to 20 members of staff.
Councillor Newcombe asked with regard to drink promotions, it was advised that there would be drinks promotions, but that these were not intended to provide cheap alcohol.
Councillor Newcombe asked the applicant how he would manage the premises as DBS when not currently living in the local area. The applicant advised that his intention was to move to the area.
Councillor Newcombe asked with regard to recording refusals and whether challenge 25 policies were to be put in place. The applicant's agent advised that signage would be place within the premises and that the challenge 25 policy would be included. He further advised that a record log of all refusals would be kept and maintained at the premises.
Councillor Newcombe asked with regard to training of staff members. The applicant's agent advised that a comprehensive package of company training would be given to all staff.
Councillor Newcombe asked if the bar area was designed to allow for people to sit at the bar. The applicant advised that this area was not designed to allow for a gathering although had 4 spaces available for seating.
Councillor Newcombe asked with regard to the resident living above the premises and any considerations that had been taken into account relating to noise levels. The applicant noted there were flats next door and one above. He advised that the premises would not contribute to noise nuisance, there were no outdoor activities taking place, notices were likely to be put on site saying that not more than three persons could be outside smoking at once, and the residents would not be disturbed by music from the premises as it was intended to be a restaurant rather than a bar. The applicant further advised that he did not think the premises would contribute to the anti-social behaviour mentioned by persons making representations and persons leaving the premises would be supervised.
The applicant noted that the structure of the premises had a
soundproof roof. The applicant advised that steps would be taken in the
future to further soundproof the premises.
The Legal Advisor, Nplaw, raised questions
regarding the wording of matters in the operating schedule and sought to ensure
clarity regarding offered conditions. These matters are set out below :-
Amendments to the operating schedule agreed by the applicant at committee.
- Condition 2 is amended to add that CCTV recordings will be provided to officers of any responsible authority upon request.
- Condition 3 is amended to remove “reasonable”.
- Condition 4 is amended to add that the refusals record will be provided to officers of any responsible authority upon request.
- Condition 6 is amended to remove “reasonable”.
- A condition is added that a dedicated member of staff will look after persons leaving the premises, on duty from 9pm until close.
- A condition is added that there will be no seating provided outside the premises.
- A condition is added that children (persons under 16 years of age) will not be allowed on the premises after 8pm unless they are accompanied by an adult.
- A condition is added that the premises will not have a dancefloor.
- A condition is added that a sign will be placed on the exit door requiring persons to respect the neighbours when leaving the premises and keep noise to a minimum.
The Legal Advisor, Nplaw reminded the applicant and his agent that any agreed offered conditions could not be appealed.
The applicant's agent and applicant made a closing submission, noting the lack
of representations from the responsible authorities, advising that the police had raised no
concerns regarding the risk of crime and disorder, they advised that the front of the premises
was protected from noise and the proposed conditions they felt would satisfy the concerns of the residents. The applicant here also noted the existing hours of licences in the area.
At 11.07am the Committee entered into a confidential debating session.
At 11:45am the Committee entered back into public debate for the decision to be given.
A summary of the reasons for the committee decision were given as follows :-
It was advised that the committee note the location of the premises in a high
street, with other entertainment premises nearby. The Committee are aware that there are residents in the
locality who may be disturbed if excessive noise arises from the premises. Anti-social behaviour from the public is a
source of concern to many residents in the representations, but committee focused upon the premises and matters that were within the control and
responsibility of the licence holder.
The Committee recognised that soundproofing works were yet to be completed and that there were no measurements
provided to the committee regarding the assertion that the structure
is suitable for the intended use and would prevent noise nuisance. It was also noted that the plan of the intended layout did not show a lobby.
Residents are concerned regarding the risk of noise and
disturbance from the premises. The
premises licence holder cannot be held responsible for the behaviour of persons
outside his control, for example beyond the immediate area of the premises, but
it is appropriate and proportionate to ensure that conditions are imposed which
will control noise arising from regulated entertainment at the premises, seeking
to ensure that this does not cause a nuisance to persons in the locality.
Noise is still likely to escape, for example via the front
door which lacks a lobby, and there will be some inevitable disturbance from
customers despite the best efforts of the premises licence holder and staff.
The committee feels that the hours sought of activities to 2am on all days are
inappropriate for this location, due to the presence of residents, and permits
a much-reduced provision of licensable activities for the times and days
mentioned above. Noting the condition
offered by the applicant regarding a member of staff being in control of
persons leaving the premises, this control should reduce noise disturbance and
thus the sale of alcohol and provision of late-night refreshment is permitted
for longer periods than the provision of live and recorded music.
RESOLVED :
That Committee approve the application in part :-
The opening hours sought are noted, and no
change is made.
Alcohol sales (on sales only) are permitted from 10am to 1am
the following morning, on seven days per week, with late night refreshments
approved from 23:00 to 01:00 the following morning.
Live and recorded music (indoors) are permitted on Friday
and Saturday nights only, from 23:00 hours with a closing time of midnight. The Live Music Act provisions are noted.
The remaining parts of the application are refused.
There are three imposed conditions:
- All external windows and doors must be kept shut
at all times when regulated entertainment is being provided. Doors may be
opened for normal entrance and egress of people but must be shut immediately.
- No noise shall emanate from the premises nor
vibration be transmitted through the structure of the premises that gives rise
to a nuisance at the nearest noise sensitive premises.
- There shall be no noise or odours caused by the
kitchen extraction equipment that gives rise to a nuisance.