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Agenda item
Application for a Premises Licence: SEED, 50 George Street, Hastings
- Meeting of Licensing Sub Committee, Wednesday, 21st September, 2016 10.00 am (Item 5.)
- View the background to item 5.
Minutes:
Members of the Committee, Officers, Statutory Consultees, the applicants and their representative, introduced themselves. Councillor Street set out the procedure that the Sub-Committee would adopt (in accordance with Standard Practice).
The Licensing Manager, Mr Brown, presented the report of the Assistant Director of Environment and Place in respect of an application made to Hastings Borough Council on 27th July 2016 under Section 17 of the Licensing Act 2003 for a new Premises Licence at SEED, 50 George Street, Hastings.
An amendment to the officer’s report was noted on page 5 of the agenda, paragraph 9 ‘To have Recorded Music, Monday to Sunday, 10.00hrs to Sunday 00.00hrs’. The words 00.00hrs were corrected to read 02.00hrs.
Previously trading as Pomegranate, the premises has held a full premises licence in the company name Pomegranate Food and Drink House Limited since 2005. This company was dissolved on 26th April 2016 and SEED Hastings Ltd created.
Due to an administrative oversight, the company directors omitted to inform the Licensing Department of the change within the statutory 28 days and therefore the premises licence became lapsed. Subsequently, a new Premises Licence application was submitted on 27th July 2016 which requested the following conditions:-
To have supply of alcohol for On and Off sales, Monday to Sunday from 10.00hrs to 01.30hrs. New Year’s Eve from the end of permitted hours to the start of permitted hours on New Year’s Day.
To have Plays, Films, Live Music, performance of Dance and similar events, Monday to Sunday from 12.00hrs to 00.00hrs.
To have Recorded Music, Monday to Sunday, 10.00hrs to Sunday 02.00hrs.
Hours open to the public, Monday to Sunday, 10.00hrs to 02.00hrs.
These hours and licensable activities are the same as the ones that were licensed under the old premises licence.
Following agenda publication, the following supplementary information was received from Peter Mayhew of Beyond the Blue (representative of the applicant):-
Date received: 15 September 2016 – Email received from Peter Mayhew entitled: ‘Representation response’, stating that the applicant had considered the representations received and would be willing to offer the following changes in the times of the licensable activities from the application:-
Hours proposed by the applicant:
- Opening Hours - Sunday to Thursday 10.00 to 00.00
Friday & Saturday 10.00 to 01.00
- Sale of Alcohol - Sunday to Thursday 10.00 to 23.40
Friday & Saturday 10.00 to 00.40
· Live Music - No Change
- Recorded Music - Sunday to Thursday 10.00 to 00.00
Friday & Saturday 10.00 to 01.00
- Late Night Refreshment - Sunday to Thursday 23.00 to 00.00
Friday & Saturday 23.00 to 01.00
- Exhibition of Films - No Change
- Performance of a Play - Removed
- Performance of Dance - Removed
- Entertainment Related to Dance Live or recorded Music - Removed
- Additional Hours for New Year’s Eve - Removed
Suggested conditions
General – All Four Licensing Objectives
1. Staff Training - Appropriate induction training will be undertaken with all relevant staff to cover appropriate subjects for their role including:
a. The responsible sale of alcohol
b. The prevention of under-age sales of alcohol, the Challenge 25 policy and in checking & authenticating accepted forms of identification.
c. The responsibility to refuse the sale of alcohol to any person who is drunk.
2. Recording Practices - The premises will maintain written reports and registers. These will be kept for a minimum of 12 months and made available to the police and any authorised officer of the licensing authority on request. Records will be maintained of the following:
· Any complaint against the premises in respect of any of the licensing objectives
· Any crime reported at the premises
· Any use of seizure of offensive weapons
· Any illegal drug related incident
· Any temporary or permanent exclusion from the premises of customers
· A ‘register of refusals’ highlighting any refusal in the sale of age-restricted products; for any reason.
All written reports and registers will be regularly checked by the DPS and additional training will be given to all staff when reports highlight such a need.
The Prevention of Crime and Disorder
3. Drugs Zero Tolerance Policy - A Zero Tolerance Policy towards the use, possession and supply of illegal drugs will be adopted and enforced.
4. Self-Service of Alcohol - No self-service of alcohol will be permitted at the premises.
5. Food & Soft Drinks - Substantial food and non-intoxicating beverages including drinking water shall be available in all parts of the premises where alcohol is sold or supplied on the premises.
Public Safety
6. Capacity - The number of persons accommodated inside at any one time (excluding staff) shall not exceed 65 persons.
7. Noise Escape - Where Live or Recorded Music is played windows and doors will be kept shut (except for normal entry and exit) after 23:00 to avoid a public nuisance being caused.
8. Noise Prevention - Before 23:00 Live and Recorded Music should be barely audible outside the premises when the front doors are closed and should be inaudible after 23:00 outside the premises when the doors are closed.
9. Noise Prevention – The DPS shall ensure a suitably trained or experienced member of staff performs checks outside the premises on a regular basis to ensure that condition 8 (here listed) is being met at the appropriate times.
10. Noise Prevention – Bottle / Glass Bins shall only be emptied outside the premises at the following times:
· Monday to Friday 09.30 to 21.30
· Saturday 08.00 to 13.00
· Sunday & Bank Holidays – None
11. Commercial Waste Collection – Commercial Waste Collection (including glass recycling) shall only take place at the premises at the following times:
· Monday to Friday 08.00 to 18.00
· Saturdays 08.00 to 13.00
· Sunday & Bank Holidays – No Collections
12. External Tables – All external tables shall be rendered unusable after 23.00 on each day.
13. No Drinks Permitted Outside – Alcoholic Drinks will not be permitted to leave the premises after 23:00, including for those leaving for the purpose of smoking.
14.Exit Signage – A sign requesting customers to respect local residents and leave the premises quietly, will be displayed at each public exit to the premises.
The Protection of Children from Harm
15.Challenge 25 – A Challenge 25 policy will be enforced, where any person reasonably looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol; signs to this effect will be displayed at the premises. The only acceptable forms of identity will be those photographic identification documents recognised in the Home Office guidance; including passports, photo-card driving licence or proof of age card bearing a PASS hologram.
Date received: 19 September 2016 – Email received from Peter Mayhew (Agent) containing:-
· The policy & procedure documents employed at the premises
· A letter of support we received for the applicant
· Petition of local residents and businesses in support of the application.
The committee administrator confirmed the supplementary information had been circulated to all parties. The Members confirmed they had received and read the supplementary information.
The premises was located within Area 2 (George Street/High Street, Old Hastings) of the Council’s Special Saturation Policy (Cumulative Impact). During the 28 day statutory consultation period, a representation against the application had been received from Mrs Jean Irving, Head of Licensing and Public Safety, Sussex Police. A representation had also been received from Trevor Scrase, Senior Licensing Officer and Stewart Bryant, Senior Environmental Health officer both of Hastings Borough Council. One other representation from a local interested party had been received at the time the agenda was published. The representations are referred to in Appendix C of the agenda. The Special Saturation Policy (Cumulative Impact) states “Each application will be considered on its own merits. Where no representations are received any application will be granted in terms consistent with the operating schedule. Where relevant representations are received in relation to applications for the grant of a new premises licence, club premise certificate or provisional statement, there will be a presumption against the grant of such licence or certificate unless the applicant, in the operating schedule, can rebut the presumption that the granting of such licence or certificate would undermine the licensing objectives. Applicants are advised to seek legal advice if making an application for a licence in a Special Saturation Area”.
Councillor Street asked Mr Brown if the application would have been granted if the licence had not lapsed. Mr Brown stated that the applicants would have had to seek a minor variation with a new plan to show the relocation of their bar counter.
Jean Irving, Head of Licensing and Public Safety for Sussex Police Authority, made her representation on the grounds that the grant of the premises licence will not promote the licensing objectives, particularly the prevention of crime and disorder and the prevention of public nuisance. She said the application had become confusing due to the number of amendments. The Police, she said, were opposed to the granting of the licence and had raised concern that the matrix included in the Council’s Licensing Policy had recently been updated to reflect differing types of licensed premises, which the application was at variance with. She said the premises had operated as a restaurant, and if changed to a pub/bar they would expect provision for CCTV. She recommended a further condition be considered that no over the bar sales of alcohol occur and that alcohol shall not be served on the premises otherwise than to persons taking substantial meals there, by waiter / waitress service and for consumption by such persons as ancillary to a table meal. She stated that although they had not received any complaints regarding the premises, the cumulative impact does not focus on the running of premises, it is the effect the business has on the wider area.
Sergeant Vokins, Sussex Police Licensing Team, referred to the cumulative impact zone, he said the impact on police resources on Thursday, Friday and Saturday evenings were significant. Specifically, in regard to alcohol related incidents.
Mr Scrase, Senior Licensing Officer, referred to his representation, he explained that since the licence had lapsed, the applicants had applied for several temporary event notices (TENS), however with limited TENS available it was necessary for them to apply for a new premises licence application. He said he made the owners aware that they would need to navigate the Licensing Act 2003 and the new matrix policy implemented in January 2016 which states that the terminal hour is 00.00hrs (midnight) for a restaurant in the cumulative impact zone. He explained that the applicants had applied to vary the operation of their business from a restaurant to a tapas bar including the supply of alcohol beyond the terminal hour in the Matrix, therefore they need to rebut the presumption that the granting of such a licence would undermine the licensing objectives.
Mr Scrase referred to his comments on the application, Appendix C of the agenda:
1. The hours applied for in the new application mirror the hours authorised on the lapsed premises licence.
2. Pomegranate has been successfully operating since initial grant of a Justices Restaurant Licence and then since November 2005 under a premises licence.
3. The grant of the premises licence was not subject of a Licensing Sub Committee decision, there being no representations.
4. I did have conversation with Joanna at some stage in the past two years, the exact date(s) of which I cannot confirm, regarding their intention to alter the type of operation from restaurant to more tapas style. It was confirmed that the premises licence would still be held by their limited company Pomegranate Food and Drink House Limited.
5. Although the hours of some licensable activities on this application now go beyond the matrix, if the previous premises licence had not lapsed, the only course of action which would have been required from Joanna and Jamie would have been a minor variation with a new plan to show the relocation of their bar counter.
Mr Brown, read the representations received to the Sub Committee from Simon de Lunge, resident, on page 51 of the agenda and the representation received from Mr Bryant, Senior Environmental Health Officer, on page 49 of the agenda, Appendix C. Neither party were able to attend the meeting.
Councillor Street, sought clarification from Mr Brown on Condition 4 of the conditions referred to in Mr Bryant’s list of proposed conditions on page 50 of the agenda. The definition should be ‘responsible’ not ‘mature’ member of staff.
Mr Mayhew said Simon de Lunge, resident, who had made a representation had approached the applicant and was going to withdraw his objection. Mr Brown said that although not officially withdrawn, the representation will be taken into account.
Mr Mayhew, representative of the applicant, explained that the application had arisen due to an administrative error. He said the applicants were seeking to re-apply for the premises licence and to change the operation from a sit down restaurant to tapas/restaurant/bar. He said he did not believe the premises/proposal would drain police resources; there were no reports of crime or complaints during the 11 years the applicants had been trading, the noise complaint referred to in the police representation was not serious and the member of staff who was seen taking shots at the bar was no longer employed at the premises. When comparing the core hours in the matrix with the original application, he said the premises was previously running with an excess of 14 hours per week beyond the matrix requirement. The new hours proposed will extend beyond the matrix by two hours in total per week, one hour on Friday and one hour on Saturday, thereby reducing the cumulative impact by 12 hours per week. The applicants have also applied for planning consent to vary the opening hours. Referring to the police condition (alcohol subsidiary to food), the premises has operated without this condition. He said they felt that the police had used this as an opportunity to review the licence.
In summary, Mr Brown said they had taken advice to see if there was any other way forward in dealing with the lapsed licence, the resolution was for the applicants to submit a fresh application.
To summarise, Jean Irving said the premises did not have planning permission for A3 use and that their objection related to the change of use of the premises from a restaurant to a bar. She said they had presumed the premises would be operating as a restaurant until 12pm or less. Furthermore, the Cumulative Impact Policy does not target specific premises. She reminded the Sub Committee that the application conflicted with the matrix voted in by Full Council in January 2016.
Mr Scrase said the premises had been running since 2005 with no problems. The Council had instigated the process for the applicants to submit a new application.
Mr Brown explained that the previous licence had no conditions relating to the service of alcohol with food.
Mr Mayhew said there had been a great deal of support for the premises from residents. He said CCTV had never been required previously and that it would be a financial burden, but it would be accepted if the Sub Committee asked. He stated that the premises were not changing into a bar. As such, he recommended a number of conditions which reflected the core activities of the premises.
RESOLVED (unanimously) to GRANT the licence for the hours proposed by the applicant as follows
· Opening Hours – Sunday to Thursday 10.00 to 00.00
Friday & Saturday 10.00 to 01.00
· Sale of Alcohol – Sunday to Thursday 10.00 to 23.40
Friday & Saturday 10.00 to 00.40
· Live Music - No Change
· Recorded Music - Sunday to Thursday 10.00 to 00.00
Friday & Saturday 10.00 to 01.00
· Late Night Refreshment - Sunday to Thursday 23.00 to 00.00
Friday & Saturday 23.00 to 01.00
· Exhibition of Films - No Change
· Performance of a Play - Removed
· Performance of Dance - Removed
· Entertainment Related to Dance Live or recorded Music - Removed
· Additional Hours for New Year’s Eve - Removed
Subject to the following conditions:
1. Staff Training - Appropriate induction training will be undertaken with all relevant staff to cover appropriate subjects for their role including:
a. The responsible sale of alcohol
b. The prevention of under-age sales of alcohol, the Challenge 25 policy and in checking & authenticating accepted forms of identification.
c. The responsibility to refuse the sale of alcohol to any person who is drunk.
2. Recording Practices - The premises will maintain written reports and registers. These will be kept for a minimum of 12 months and made available to the police and any authorised officer of the licensing authority on request. Records will be maintained of the following:
· Any complaint against the premises in respect of any of the licensing objectives
· Any crime reported at the premises
· Any use of seizure of offensive weapons
· Any illegal drug related incident
· Any temporary or permanent exclusion from the premises of customers
· A ‘register of refusals’ highlighting any refusal in the sale of age-restricted products; for any reason.
All written reports and registers will be regularly checked by the DPS and additional training will be given to all staff when reports highlight such a need.
3. Drugs Zero Tolerance Policy - A Zero Tolerance Policy towards the use, possession and supply of illegal drugs will be adopted and enforced.
4. Self-Service of Alcohol - No self-service of alcohol will be permitted at the premises.
5. Food & Soft Drinks - Substantial food and non-intoxicating beverages including drinking water shall be available in all parts of the premises where alcohol is sold or supplied on the premises.
6. Capacity - The number of persons accommodated inside at any one time (excluding staff) shall not exceed 65 persons.
7. Noise Escape - Where Live or Recorded Music is played windows and doors will be kept shut (except for normal entry and exit) after 23:00 to avoid a public nuisance being caused.
8. Noise Prevention - Before 23:00 Live and Recorded Music should be barely audible outside the premises when the front doors are closed and should be inaudible after 23:00 outside the premises when the doors are closed. For the avoidance of doubt, noise shall include that arising from all mechanical or electrical equipment used by the premises and that noise arising from customers on the premises.
9. Noise Prevention - The DPS shall ensure a suitably trained or experienced member of staff performs checks outside the premises on a regular basis to ensure that condition 8 (here listed) is being met at the appropriate times.
10. Noise Prevention – Bottle / Glass Bins shall only be emptied outside the premises at the following times:
· Monday to Friday 09.30 to 21.30
· Saturday 08.00 to 13.00
· Sunday & Bank Holidays – None
11. Commercial Waste Collection – Commercial Waste Collection (including glass recycling) shall only take place at the premises at the following times:
· Monday to Friday 08.00 to 18.00
· Saturdays 08.00 to 13.00
· Sunday & Bank Holidays – No Collections
12. External Tables – All external tables shall be rendered unusable after 23.00 on each day.
13. No Drinks Permitted Outside – Drinks will not be permitted to leave the premises after 23:00, including for those leaving for the purpose of smoking.
14. Exit Signage – A sign requesting customers to respect local residents and leave the premises quietly, will be displayed at each public exit to the premises.
15. Challenge 25 – A Challenge 25 policy will be enforced, where any person reasonably looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol; signs to this effect will be displayed at the premises. The only acceptable forms of identity will be those photographic identification documents recognised in the Home Office guidance; including passports, photo-card driving licence or proof of age card bearing a PASS hologram.
The reason for this decision was:
The Committee has listened to all evidence and representations and is satisfied, based on the evidence presented, that the applicant has demonstrated that there will be no negative impact on the licensing objectives. The Committee has had regard to the Secretary of State’s guidance dated 15th March 2015 and the Council’s own Licensing Policy and objectives including the Special Saturation Policy (Cumulative Impact) and matrix.
Supporting documents:
- Application for a Premises Licence with representations., item 5. PDF 119 KB
- Enc. 1 for Application for a Premises Licence with representations., item 5. PDF 842 KB
- Enc. 2 for Application for a Premises Licence with representations., item 5. PDF 607 KB
- Enc. 3 for Application for a Premises Licence with representations., item 5. PDF 935 KB
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