Agenda and draft minutes

Councillor Boyes was elected to chair the meeting.

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The Head of Public Protection introduced the report.

In response to Members’ questions, he confirmed that:

-       neither the police nor any local residents have objected to the application.  The only relevant objection comes from the council’s environmental health team;

-       if the committee is minded to grant the licence, the licensing objectives set out on Page 21 of the report will be reviewed and rephrased to ensure that they are all enforceable.

The applicant’s solicitor said his primary question was what aspects of the building did environmental health officers consider to be inappropriate for the granting of a licence; the Head of Public Protection said this would be explained in their representation.

Comments from Environmental Health Officer

The Chair invited environmental health officers to present their objections to the application.  The following concerns were highlighted:

-       officers propose that licensable activities should cease at midnight, in pursuance of the licensing objective to prevent public nuisance;

-       the premises are situated in a mixed-use, town centre area, with two residential blocks to the rear and further flats adjacent on Imperial Square. Residents will have direct sight lines into the premises, specifically the proposed conservatory.  With single-glazed windows and minimal insulation, any late-night noise in the area is likely to cause disturbance;

-       the existing licence of Pizza Express, transferred to the new owners, permits alcohol sales until midnight Monday-Saturday, and until 23.30 on Sunday; Settebello is seeking longer and later hours for supply of alcohol and live and recorded music, including in the conservatory which will provide very little noise attenuation; 

-       environmental health officers consider permitting licensable activities until 2.00am and closing at 2.30am is likely to cause a public nuisance and potential disruption to nearby noise-sensitive residential homes.  Background noise in the area drops well before 2.30am, and most people are likely to be asleep at that time.  Protection of local residents from noise at this time is supported by guidance in the 2003 Licensing Act, and will be best achieved by limiting the hours of licensable activities;

-       officers have proposed timings for licensable activities that they consider suitable for this type of business - which is advertised as a cocktail bar and restaurant, with the emphasis on dining, not on late-night drinking and music.  This view is supported by the business model for Settebello in Gloucester Quays, which is licensed until 23.00 Monday to Saturday and until 22.00 on Sundays;

-       the police licensing officer has put forward a condition to ensure there will be no dancing within the premises when licensable activities are taking place, which supports environmental health officers’ view that the premises is primarily a restaurant;

-       in addition, the hours proposed by officers are based on those granted to Sef Steakhouse opposite in June 2022, although the opening hours of this very similar business demonstrates that it does not use all its permitted hours for licensable activities;

-       although other premises in close proximity, such as Imperial Haus cocktail bar, hold premises  ...  view the full minutes text for item 4.

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