Stockton-on-Tees Borough Council

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Licensing Sub Committee (ceased to operate 10/04/2017) Minutes

Date:
Monday, 19th August, 2013
Time:
10.00 a.m.
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Michael Clark, Cllr Miss Tina Large and Cllr Bill Woodhead.
Officers:
Mr. Mills (DNS), Mr. Nertney (LD).
In Attendance:
Mr. S. Emadi (Applicant),Ms Hewitt (Assistant Manager at the Premise), Mrs. Bunce (Local Resident).
Apologies for absence:
None.
Item Description Decision
Public
LSC
22/13
APPOINTMENT OF CHAIR
 
LSC
23/13
DECLARATIONS OF INTEREST
 
LSC
24/13
LICENSING ACT 2003
APPLICATION FOR VARIATION OF A LICENCE
DA VINCI'S, 48A HIGH STREET, YARM

RESOLVED that the application for a variation to the premises licence be granted for the following hours:-

Hours premises are open to the public:-

Monday to Sunday: 11:00- 01:00 hours
New Years Eve: 11:00 to 03:00 hours

Supply of alcohol for consumption off the premises: Monday to Sunday: 11:00 to 01:00 hours
New Years Eve: 11:00 to 03:00 hours

Late Night Refreshment:
Monday to Sunday: 23:00 to 01:00 hours

Provision of recorded music: Monday to Sunday: 11:00 to 01:00 hours
New Years Eve: 11:00 to 03:00 hours

10.00 am - 12.00 NOON

Preamble

ItemPreamble
LSC
22/13
RESOLVED that Councillor Woodhead be appointed Chair for this meeting only.
LSC
23/13
There were no declarations of interest.
LSC
24/13
Members gave consideration to the report, the application and the representations which had been received.

Mr Emadi stated that he believed his business had a good relationship with his neighbours and he was surprised to read the comments of Mrs Bunce. The intention of the application was to allow customers who were waiting for tables a nicer environment to enjoy a drink as the waiting area at the premises would be extended in accordance with the plan provided. The extension of hours would also allow customers who had enjoyed a meal to enjoy a later drink.

Ms Hewitt confirmed that the business invested heavily in their staff and they were all being put through their personal licence application process. The business is happy to respond to complaints that any neighbours may have had about the operation of the premise. The complaints that Mrs Bunce has detailed in her representation had not previously being brought to the attention of the premise. All staff were instructed that if there was any mess in the area of the bins then that should be cleaned up.

As there was no representative for Yarm Town Council in attendance Members had regard to their written representation.

Mrs Bunce stated that the photographs she had attached of the premises bins had been taken in September 2012 and she did accept that there had been an improvement. Mrs Bunce remained of the view that the bins were unsightly and should not be left in the location where they currently were. Mrs Bunce stated that she had brought this issue to the attention of the Council.

Mrs Landles from Environmental Health was asked to provide clarification and she stated that Environmental health had not received any complaints about the bins at the premise.

Members noted that the application before them was an application to extend the waiting area at the premises and vary the opening hours and hours for supply of alcohol, late night refreshment and provision of recorded music.

There were no representations from any of the responsible authorities. Two representations had been received, a general objection from Yarm Town Council and a specific complaint from Mrs Bunce, a local resident.

Members were mindful that this application was not a review of the premises licence but a specific application for a variation. As such any evidence to persuade Members to refuse or vary the application had to be linked to the licensing objectives and the variation that was sought. It was noted that Mrs Bunce had not brought her complaint about the bins to the attention of Environmental Health. Members were of the view that Mrs Bunce's representation was not relevant to the application before them and was something that would have to be investigated and actioned, if appropriate, outside the Committee.

After giving consideration to all of the evidence and representations made both in writing and orally Members were satisfied that the licensing objectives would not be undermined and the application for the variation to the premises licence was approved.

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