Agenda item

PREMISES: The 32 Borough Street, Castle Donington, Derby, DE74 2LA

APPLICANT: Mr Stephen Doig

To determine an application for a new premises licence in respect of the above. Representations have been received from various parties. A notice of hearing inviting them to attend has been sent to each of them. If they fail to attend, the hearing can be held in their absence or adjourned.

The following documents are attached:-

a)    Report of the Licensing Enforcement Officer.

At the beginning of the Hearing, the authority shall explain to the parties the procedure it is proposed to follow. The Hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless it is required to consider the representations.

The Chair introduced the parties in attendance and outlined the procedure to be followed. It was agreed that the maximum presentation time would be 10 minutes.

The Licensing Enforcement Officer presented their report.

The Applicants presented their application. They set out plans to attract a different type of clientele in a refurbished venue, and they noted that they had agreed with the Environmental Health Team at the Council that no music would be played. The applicants were aware of historical issues at the venue under the previous ownership and were sympathetic to the representation received. They had met with the neighbour twice to discuss the problems and conflicts with the previous landlord, and how these could be mitigated under their new ownership. They also advised that they had met with Licensing Officers and the Environmental Health Team, accepted their proposed conditions, and thus no representation had been received from either the Licensing Team or the Environmental Health Team.

A discussion was had about the previous owners and the issues associated with their tenure. It was established that the Applicants did know them, but not closely or in a professional capacity. The Applicants then advised that stopping customers congregating outside the premises would be a key staff priority and it was a condition of the license that drinks could not be taken outside, that the licensed hours would be rigorously followed, and that acoustic panelling in the ceiling would be utilised. Close contact with neighbours would also be maintained. These efforts would prevent a recurrence of the historic issues.

A discussion was had about the Applicants previous experiences in the hospitality industry and also their plans for the premises should the application be granted. The Applicants advised that they both had previous experience in the industry, and their vision for the premises entailed an expansion in the sale of wine and a contraction in the sale of beers and ales at the venue. They had no plans for any further expansion in the future.

The Licensing Enforcement Officer queried the suggestion that taking drinks off the premises would be a breach of the license. The Legal Advisor said that this depended on whether there was an off-carry license in place; Members could clarify this in the final license, should they grant one.

The Licensing Enforcement Officer declined a closing speech.

In their closing the speech, the applicants reiterated their efforts to liaise with the Licensing Team and other statutory authorities, that they were keen to placate the concerns received in the representations from the residents, which had been engendered by historic bad management which their ownership would be a clean break from.

The Legal Advisor set out the statutory considerations which should frame Members decision and the specific issues pertaining to this application which Members should consider. The discussion had indicated that something to mitigate the issue of off-sales was a particular condition Members might wish to add. Members should also consider the volume of representations and whether these qualified as a public nuisance, and not merely a private one. Any conditions Members wished to impose must be clear and enforceable.

The meeting adjourned at 11:19

The meeting reconvened at 11:43

The Legal Advisor read out the decision. The Applicants had outlined the controls in place on the premises and Members were satisfied that taken together with the additional conditions the Sub Committee was of the view that these controls would assist in ensuring the promotion of the licensing objectives.

RESOLVED THAT:

The application be granted, with the below conditions added to the licence:

1. The premises licence holder shall ensure that no customers shall take glasses or open bottles from the premises; and

2. There shall be no recorded music, live music, amplified music, speaker or television usage in or outside the premises.

Further reasons would be detailed in the written decision notice which the Applicant would receive within 5 working days.