The Director of Law, HR and Asset Management reported upon an application that had been received from Home Oxton Limited for the grant of a Premises Licence in respect of Home, 62 Christchurch Road, Oxton, under the provisions of the Licensing Act 2003.

These premises did not currently hold a Premises Licence and were currently trading as a café.  The application was for the following hours:

Supply of Alcohol

Monday to Saturday  09:00 to 00:00

Sunday  10:00 to 00:00

Hours Open to the Public

Monday to Saturday  09:00 to 00:00

Sunday  10:00 to 00:00

A copy of the full application detailing the steps proposed by the applicant was available.

In respect of this application, eight representations had been received from local residents.  The representations related to noise nuisance from the premises late at night.  Copies of the representation were available.

Mr Ben Harrison, Director of Home and Ann Atkins, Designated Premises Supervisor attended the meeting.

Also in attendance were Mr and Mrs Lennon, local residents.

The Licensing Officer confirmed that all documentation had been sent and received and that two late representations had also been received.  The applicant had no objection to the late representations being submitted and these were therefore taken into consideration by the Sub-Committee.  Mr Lennon further submitted photographic evidence to which the applicant also had no objections.

Mr Lennon clarified that he was also representing Mr and Mrs Alig and Mr and Mrs Hinchcliffe.

Mr Harrison explained that he did not intend to open the premises beyond 5 pm as the business was a day time operation however he wanted the option for customers to have a glass of wine with their meal and also the option to open the premises for occasional functions during the evening.  Mr Harrison had owned the premises for three and a half years and also had another outlet at Woodside Ferry Terminal.  He informed Members that he worked well with the Oxton Society and had a good relationship with residents.

Mr Harrison responded to questions from Members of the Sub-Committee and Mr and Mrs Lennon.

Further discussions took place regarding hiring out the premises as a function suite.  Mr Harrison confirmed that the maximum occupancy would be about 60 people and that he would be happy to have a limit put on the number of times he may be permitted to hire the premises out.  He was also content to amend the application to reduce the hours for the supply of alcohol by half an hour from those originally applied for namely 9.00 am to 11.30 pm.

Mr Lennon addressed the Sub-Committee and expressed the concerns of residents within the immediate vicinity regarding the extension of opening hours at the premises.  He felt that this would lead to intrusive noise disruption and an influx of evening visitors to the area which would also have an impact on the already existing restricted parking facilities.  Mr Lennon informed Members that the relationship between the owners of Home and local residents was extremely good and would not object if alcohol was served within the existing trading hours and that a limitation be set on the number of evening functions which could take place.

In determining the application, Members gave consideration to the representations made by local residents relating to concerns of public nuisance by members of the public at a late hour within the vicinity of their properties.

Members welcomed the amendment to the application put forward by the applicant following an explanation that any extended use of the premises would be for a limited number of functions throughout the year.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Department of Culture, Media and Sport Guidance issued under section 182 of the Licensing Act 2003.  Members considered that the hours granted and the conditions applied were a proportionate response to the application presented and were necessary for the promotion of the Licensing Objectives.

Resolved -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That the application for a Premises Licence under the provisions of the Licensing Act 2003 be granted with the following hours:

Supply of Alcohol

Monday to Saturday  09:00 to 17:00

Sunday  10:00 to 17:00

Hours Open to the Public

Monday to Saturday  09:00 to 17:00

Sunday  10:00 to 17:00

(3)  That the premises may operate the following hours on no more than 40 occasions each year and must give the Licensing Authority 7 days notice of each occasion:

Supply of Alcohol

Sunday to Saturday  17:00 to 23:30

Hours Open to the Public

Sunday to Saturday  17:00 to 00:00

(4)  That that in addition to the appropriate conditions proposed in the operating schedule the following conditions be applied to the licence:

·  There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly when the premises operates beyond 17:00.

·  All reasonable steps must be taken to ensure that no glasses or bottles are taken out of the premises.