Agenda and minutes

Members of the Council should declare any interests which fall under the following categories*:

a)        disclosable pecuniary interests (DPI)

b)         other significant interests (OSI)

c)         voluntary announcements of other interests

There were no declarations of interest.

Report DCL/17/40 sets out the facts for the Licensing Committee to consider when a responsible authority applies to the Licensing Authority for a review of a premise licence. The licensing committee is the Licensing Authority acting in a role previously taken by the Magistrates Court. It is, therefore, not appropriate for officers to make additional comments other than in the capacity as a Responsible Authority under the legislation of the Licensing Act 2003. Therefore there are no comments from Legal, Finance or other officers included in this report.

Report DCL/17/40 sets out the facts for the Licensing Sub-Committee to

consider when a responsible authority applies to the Licensing Authority

for a review of a premise licence. The licensing committee is the Licensing

Authority acting in a role previously taken by the Magistrates Court. It is,

therefore, not appropriate for officers to make additional comments other

than in the capacity as a Responsible Authority under the legislation of the

Licensing Act 2003. Therefore there are no comments from Legal, Finance

or other officers included in this report.

Wai Tse, Environmental Protection Officer, presented the Licensing Sub-Committee with an overview of the report, paying particular attention to the following:

·         The premises were being conducted in such a manner as to prejudice the council’s licensing objectives, with the management being below standards that are expected in respect of premises operating in the late night economy.

·         Community Safety reports and crime reports were evidence of failure to promote the Prevention of Crime and Disorder.

·         There is noise pollution, loud music, screaming from patrons, which are in complete disregard of neighbours under the Prevention of Public Nuisance licensing objective.

·         A recommendation to include properly staffed door supervisors who adhere to public safety and who should all be SIA accredited. Currently the Door Supervisors do not manage the external areas adequately.

·         There are 13 active complaints in place, which mainly relate to the opening hours, noise and patrons being abusive towards neighbours and each other.

·         Mr Tse listed the Emergency Response Officers’ reports and detailed some of the breaches of the mediation terms.

·         Mr Tse detailed the ongoing complaints received from residents and how the reduction in the opening hours would help minimise these complaints.

·         Mr Tse provided a number of suggested recommendations which he thought should be agreed by the Sub-Committee and these are listed as part of the final recommendations below.

Beth Lennon (the Planning Officer) confirmed that the Council had received a large number of calls in respect of noise nuisance, which are in breach of planning conditions and the prevention of public nuisance. It is clear that the early hours enhance this noise and therefore do not promote the licensing objectives.

The premises are operating outside of the hours for which they have planning permission, which are 9am until 11pm and these hours are in place so as to protect residential amenities.  The evidence presented at the hearing, including that of Mr Lim, suggests the premises have been operating as a night club, which would need independent planning permission.

The Sub-Committee heard a number of representations:

Philip Carter, spoke as a resident and on behalf of the Leas Residents Association, stated that he and the Association did not object to the evening economy but did object to the amount of noise, abuse and anti-social behaviour that is related to the Bank Bar which, in a residential area is unacceptable. The Bar receives patrons migrating from the old town as it is still open. Residents are unable to sleep, enjoy  ...  view the full minutes text for item 47.