Agenda and minutes

Councillor Willingham was elected as the Chair of the committee.

Councillor Willingham declared that he had been on site visits to both the sites.

The Chair explained how the hearing would proceed, then asked the Licensing Team Leader to introduce the item.

The Licensing Team Leader ran through his report, highlighting the main points which Members must take into account.  He added the following :

-          the officer report states that there were no representations from responsible authorities, but comments were received from Environmental Protection, following conversations with the applicant in relation to their planning application.  As a result, one additional condition has been added;

-          regarding the display of the public notice, and whether one should have been placed at the back as well as the front of the building, regulations refer to the premises in its entirety, and more than one notice is only required if the site boundary is more than 50 metres;

-          a number of objectors’ comments refer to planning issues, but these are quite separate from licensing considerations and cannot be taken into account.

There were no questions from the objectors or from the applicant.

Public Speaking

The first neighbour, who lives three doors down from the premises, made the following points:

-          it is frustrating that the applicant’s acoustics report has been submitted late, giving the objectors no time to evaluate it or seek advice;

-          it wasn’t initially clear what ‘outside space’ was being referred to in the acoustics report, but now clear it relates to the platform in the front carpark, built without planning permission;

-          the applicant is therefore seeking a licence to serve food and alcohol in an active car park, from 10am until 2am in the morning.  There is a large standing area, and patrons and staff will need to cross the car park which is used constantly by residents and businesses.  There does not seem to have been any evaluation of this real safety issue;

-          the report is wrong in stating there will be no discernible noise from the activity here – the current dull, background noise in Imperial Square and the Town Hall is unobtrusive, transitory, and doesn’t interrupt sleep, compared with the noise of people talking, laughing and having fun until 2am. Voices carry and this will disturb residents’ enjoyment of their properties;

-          it appears that the criteria and standards set out in Cheltenham’s licensing policy have not been complied with, including nuisance, outdoor tables and chairs, use of external areas, and obstruction of the highway;

-          there are many questions arising from the acoustics report, including why there has been no assessment on Imperial Lane, the different impacts of live and recorded music, the omission of some rooms from the assessment, the omission of any assessment of the outdoor seating area after 11pm, and the assumption that insulation measures can be achieved in this GII* listed building;

-          there is no mention of what exactly a private members’ club is, and how this will be audited.  It is important that enforceable limitations are in place to ensure full transparency;

-          if Members are inclined to grant  ...  view the full minutes text for item 3.

The Licensing Team Leader introduced the report as published.

He explained at the Chairs request that planning and licensing issues are two different issues.  A planning issue cannot be decided at the licensing committee.

The applicant was then asked if they had questions for the officer, which they did not.

The Chair explained to the applicant that this was their opportunity to address the objections that had been received.

The applicant then spoke and made the following points:

·         If there is any anti social behaviour customers will be asked to leave the premises.

·         They have good CCTV installed that records both sound and pictures.

·         Acoustic panelling has been fitted.

·         There will be clear signage asking people to leave quietly and with respect for the neighbours.

·         They may hold quiz and board game nights but there will be no party nights.

·         Bottles will be put in the recycling during office hours only as this can be noisy and disturb the neighbours.

·         Drinks will not be allowed to be taken outside to the smoking area.

·         For times when the establishment will be particularly busy there will be door staff employed.

·         They are considering a parking scheme – ie a small discount when certain car parks are used, this will hopefully prevent a problem with local parking.

·         The applicant made it clear that the premises will be a cocktail bar and will not be an all-night drinking establishment.

·         The applicant has owned a business on the Prestbury Road for over ten years and is sensitive to the concerns of the objectors. 

·         The staff that will be employed have all got experience of working in busy town centre pubs and are confident in dealing with any issues.

·         If there is any live music at the venue it will be played in the basement which is soundproofed.

·         One of the objections addressed the amount of noise coming from the property during the renovations, the applicant stated that there is nothing that he could have done about that as it was due to the builders being noisy.

·         The applicant is happy for their telephone number to be openly available so that they can be contacted if people want to.

·         The aim of the establishment is to have a professional controlled bar where people can enjoy rums from around the world.

The responses to Member questions to the applicant are as follows:

·         The race meetings that the applicant will be extending opening hours are January, March, October and November.

·         The closing time of the establishment will be 01.00 during those times with drink up time being 00.30.

The matter then went to Member debate where the following points were raised:

·         The applicant is clearly known to the residents so is not a stranger.

·         There was a thought that perhaps the objectors had misunderstood what type of premises the application is for.

·         Parking is not a material matter that the committee can give due regard to.

·         The downstairs of the premises is far more insulated against noise.

·         The  ...  view the full minutes text for item 4.

There were none and the meeting ended at 9pm.