Agenda item

The meeting commenced at 10.25 am due to the delayed arrival of one of the parties.

 

Following introductions the procedure for the hearing was outlined. The Chair confirmed that all parties had received a copy of the relevant paperwork.

 

At the commencement of the hearing, the Applicant’s Legal Representative requested that a written submission prepared by the Applicant be circulated.  With the agreement of the Chair, the document was distributed to all parties present together with a number of photographs of the location of the premises.

 

Introduction by the Council’s Licensing Officer

 

The Senior Licensing Officer referred the Sub-Committee to the report set out in the agenda papers.

 

It was confirmed that an application was received from Ms Aslam and the matter was referred to the Sub-Committee for decision as representations were received from Responsible Authorities, i.e. the Neighbourhood Enforcement Team and Thames Valley Police.

 

The Sub-Committee was reminded that in reaching its decision Members were obliged to have regard to the following Licensing objectives:

 

• The Prevention of Crime and Disorder
• Public Safety
• The Prevention of Public Nuisance
• The Protection of Children from Harm

 

The Applicant had submitted an application for a Licence in which the following activities were requested:

 

• Sale by retail of alcohol for consumption on the premises
• Performance of live music
• Playing of recorded music
• Performance of dance
• Anything of a similar description to that falling within Appendices (e), (f) or (g) of the report
• Late night refreshment

 

The activities were requested for the following hours:

 

Monday to Thursday: 10:00 – 02:00

Friday: 10:00 – 03:30

Saturday: 10:00 – 04:30

Sunday: 10:00 – 02:00

 

In addition to the above a number of seasonal variations were requested by the Applicant as set out in the Officer’s report.  The Sub-Committee was advised that the Applicant had agreed verbally to a number of conditions requested by Thames Valley Police but this had not been confirmed in writing.

 

The Senior Licensing Officer discussed the options available to the Sub-Committee, which were in summary; to grant the application submitted; grant the application subject to further reasonable conditions; or refuse the application.

 

The parties submitted representations and questions as follows:

 

Representations made by Trading Standards

 

The Environmental Health Officer advised that the premises was situated on the ground floor only (unoccupied offices above), and there was residential accommodation to the sides. He was concerned if the premises was licensed there would be noise disturbances in the locality of Wexham Road, High Street and Sussex Place.  He also raised the following specific concerns:

 

-  Nuisances from noise, people arriving and smoking outside the premises.

-  Limited street parking and lack of parking available after midnight.

-  The proposal to use a guest list would result in disturbances on the High Street while customers waited to enter the premises.

-  Noise emanating from within the premises when the doors opened.

-  There had been previous noise issues relating to other premises in the locality and the same issues could arise.

-  The proximity of the premises to residential homes.

 

Representations made by Thames Valley Police (TVP)

 

Ms Pearmain,  Licensing Officer, advised that TVP was concerned that the premises was not merely a restaurant. The Applicant had indicated there would also be a dance floor and seating over half of the floor area and a DJ and music for dancing would be available.  She also discussed the following concerns:

 

-  Historic issues in the locality with noise and disorder.

-  Key workers lived nearby and a noise abatement order had been served.

-  There had been problems related to drinking in High Street East. Another venue would add to the existing problems.

 

The Officer advised that a mediation meeting had been held with the Applicant to discuss a review of the opening hours set out in the report but the conditions had not been accepted.  There was a particular concern that the premises would in fact be similar to a nightclub and it was important to ensure that the objectives of crime and disorder and public safety were not undermined.

 

 

 

Questions to the Licensing Officer

 

Had any objections about the application been received? It was confirmed that the application had been advertised in the usual manner and none had been received.

 

Question to the Environmental Health Officer

 

What provision was there for public car parking? The Officer advised that Hatfield Car Park closed at 9 pm but this was disputed by the Applicant.

 

Questions to Thames Valley Police

 

Was there any evidence/ statistics relating to incidents of crime and disorder? The Sub- Committee was advised that this was not available but advised that a premises known as Rubz had lost its licence following incidents.

 

Submission by the Applicant

 

The Applicant’s Legal Representative argued that no facts had been submitted to support the representations made. concerns lodged by the Authorities. He advised that the locality of the premises was not highly populated and it was clear that the concerns about the car park were not substantiated. The concern relating to noise pollution was speculative and it was disputed that some of the residential property referred to was actually occupied as such. There was no evidence that the extended hours would impact on noise levels and the Applicant’s application was not unreasonable. The representative contended that if the licence was granted and complaints subsequently materialised, then the licence could be reviewed by the Sub-Committee. The Applicant’s husband stated that the premises had been empty for 8 yrs and he would be investing in the area. The restaurant clientele would be respectable and would not cause antisocial behaviour problems in the street. There would be strict codes of dress and behaviour in place. 

 

Questions to the Applicant’s Representative

 

-  Would people be able to walk in to the restaurant off the street? Members were advised that customers would book in advance so the Applicant would know how many clients would be expected (it was confirmed that capacity was 300).

-  The Licensing Officer questioned the description of the premises as the Applicant had indicated there would be hen parties, DJs, music, and Karaoke. It was confirmed that the premises would open for breakfast, lunch and dinner, weekdays but at weekends there would be functions and dinner and dance.

-  Why was the time of closing crucial to the Applicant? The Sub-Committee was advised that in the Asian community people worked late hours and would eat and socialise late into the evening.

 

Summing Up

 

The Environmental Health Officer repeated his concerns relating to the residential properties in the area and noise from customers walking to and from cars and entering the premises. He felt that reducing opening hours would alleviate this problem.

 

The Licensing Officer, Thames Valley Police, reiterated her concerns and argued that to grant the licence would undermine the licensing objectives.

 

The Senior Licensing Officer, SBC, reminded the Sub-Committee of its responsibilities and options available.

 

The Applicant’s Representative confirmed his case as previously submitted. 

 

At the end of the hearing, in response to a query relating to the location of residential properties, a TV Police Officer tabled a map showing the respective locations.

 

Following the summing up, the parties left the meeting at 11.40 am in order for the Sub-Committee to deliberate.

 

Decision

 

The Sub-Committee re-convened at 12.50 pm and all parties were asked to re-join the meeting when the decision was announced.

 

The Sub-Committee carefully considered all of the evidence submitted by the Applicant and her representative, the Licensing Officer, the Environmental Health Officer and the Thames Valley Police Licensing Officer. In reaching its decision the Sub-Committee had regard in particular to the following Licensing objectives:

 

• The Prevention of Crime and Disorder
• Public Safety
• The Prevention of Public Nuisance
• The Protection of Children from Harm

 

The Sub-Committee took account of inter alia, the capacity of the premises, the proposed restaurant/ dancing and sale of alcohol use, the residential properties in the neighbourhood, and the potential disturbances from customers entering and leaving the premises. At the same time Members were mindful of the need to have regard to the regeneration and economic development of the area. The Sub-Committee had concerns relating to the requested closing times submitted by the Applicant and after careful deliberation decided to grant a Premises Licence subject to revised closing times, seasonal adjustments and conditions as set out within the Addendum to these minutes.

Members considered that the hours granted would be more reasonable in view of the representations made.  The Sub Committee considered the decision reached to be appropriate, reasonable and proportionate to promote the Licensing Objectives.

The Sub-Committee reminded the Applicant of her right to notify the Licensing Authority of her intention to hold a ‘Temporary Event’ at the premises. 

 

The Sub-Committee also reminded the Applicant of her responsibilities as the Licensee and the importance of fully adhering to all of the conditions set out in the premises licence.

 

Resolved-  That the premises be issued with a licence as set out within the  addendum to these minutes, subject to the conditions imposed.