Agenda item

Report of the Assistant Director - Highways and Public Protection

The Sub-Committee considered the report of the Assistant Director of Highways and Public Protection, regarding an application by Miss Jodie Veronica Gasteretous for the Variation of a Premises Licence in respect of the above premises as follows:

 

• The sale of alcohol by retail (on and off the premises)

 

Days of Operation	Current Hours	Variation Applied for
Monday to Saturday	11.00 to 23.00	11.00 to 24.00
Sunday	12.00 to 22.30	11.00 to 24.00

 

• The provision of regulated entertainment - films

 

Days of Operation	Current Hours	Variation Applied for
Monday to Sunday	None	11.00 to 24.00

 

·       The provision of regulated entertainment - live music

 

Days of Operation	Current Hours	Variation Applied for
Monday to Wednesday	19.00 to 23.00	23.00 to 24.00
Thursday	19.00 to 23.30	23.00 to 24.00
Friday to Saturday	19.00 to 24.00	23.00 to 24.00
Sunday	19.00 to 22.30	23.00 to 24.00

 

• The provision of regulated entertainment - recorded music

 

Days of Operation	Current Hours	Variation Applied for
Monday to Sunday	None	23.00 to 24.00

 

• The provision of regulated entertainment - entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance

 

Days of Operation	Current Hours	Variation Applied for
Monday to Sunday	None	23.00 to 24.00

 

• The provision of late-night refreshment

 

Days of Operation	Current Hours	Variation Applied for
Monday to Sunday	None	23.00 to 24.00

 

• Hours premises to be open to public

 

Days of Operation	Current Hours	Variation Applied for
Monday to Sunday	Hours not restricted	11.00 to 24.00

 

In addition to the matters outlined above, the applicant also wished to vary the Licence to include the following non-standard timings to be applicable to all licensable activities:

 

·       Christmas Eve/Day & Boxing Day / 27 December & Bank Holiday Sundays and Mothering Sunday Until 01.00 hours.

 

·       An extension on New Years \Eve from terminal hour until commencement on New Years Day.

 

·       Further Non-Standard timings: for Sale of Alcohol and Opening Hours: From 07.00 hours on the three days of the Grand National Event.

 

In addition to the matters outlined above, the applicants also wish to vary the Licence by:

 

·       The replacement of all current conditions to those stated in 3.2, 3.3, 3.4 & 3.5 of this report.

 

·       Providing an amended Plan with a new layout of the premise.

 

Objections from the Council’s Noise Pollution Section and a local resident to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

 

At the commencement of the meeting, the representative of the applicant, Mr Barry confirmed that he wished to advise the Sub-Committee that the applicant would like to amend the variation application.

 

The Sub-Committee heard representations from:

 

• Mr Mark Barry – on behalf of the applicant, in support of the application;
• Miss Jodie Veronica Gasteretous and her business partner, Applicant, in support of the application; and
• Christopher Carpenter, Environmental Health Officer (Responsible authority) objecting to the application.

 

All parties agreed the issues that were in contention and the procedure that was to be followed. There were no preliminary issues raised, and at the end of their representations, everyone confirmed they were satisfied that they had said all they wished to say.

 

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision in public.

 

Decision

 

RESOLVED:

 

That the application for a Variation of the Premises License of Lathom Hall, Lathom Avenue, Seaforth be granted in the terms of the amended times put forward by the applicant and additional condition that there be a point of contact by way of mobile number to be available on social media and a letter drop to the immediate neighbours.

 

• The sale of alcohol by retail(on and off the premises)

 

Days of Operation	Current Hours	Variation Applied for
Friday and Saturday	11.00 to 23.00	11.00 to 24.00

 

• The provision of regulated entertainment - films

 

Days of Operation	Current Hours	Variation Applied for
Monday to Thursday	None	11.00 to 23.00
Friday and Saturday	None	11.00 to 24.00

 

·       The provision of regulated entertainment - live music

 

Days of Operation	Current Hours	Variation Applied for
Friday to Saturday	19.00 to 24.00	23.00 to 24.00

 

• The provision of regulated entertainment - recorded music

 

Days of Operation	Current Hours	Variation Applied for
Friday to Saturday	None	23.00 to 24.00

 

• The provision of regulated entertainment - entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance

 

Days of Operation	Current Hours	Variation Applied for
Friday to Saturday	None	23.00 to 24.00

 

• The provision of late-night refreshment

 

Days of Operation	Current Hours	Variation Applied for
Friday to Saturday	None	23.00 to 24.00

 

• Hours premises to be open to public

 

Days of Operation	Current Hours	Variation Applied for
Sunday to Thursday	Hours not restricted	11.00 to 23.00
Friday and Saturday	Hours not restricted	11.00 to 24.00

 

The applicants also wish the following non-standard timings to be applicable to all Licensable activities:

 

·       Christmas Eve/Day & Boxing day/ 27 December & Bank Holidays , Sunday and Mothering Sunday until 24.00

 

·       An extension on New Years Eve from terminal hour until commencement on New Years Day

 

·       Further non-standard timings : for sale of alcohol and opening hours ;

From 7:00 hours on the three days of the Grand National Event.

 

 

Reasons:

 

The Sub-Committee has heard representations from Mr Barry on behalf of the applicant and from Miss Gasteretous, and Danny Power the co-owner.

 

The Sub-Committee has heard the representations from the responsible authority Christoper Carpenter an environmental health officer, and has considered the written representation received from a local resident objecting to the application.

 

The Sub-Committee is cognisant that no representations were received from any of other the responsible Authorities.

 

The Sub-Committee is satisfied that the applicants have sufficient knowledge and experience of the licensing trade and have evidenced their respect for local residents and the community in attempts to engage with the interested parties, by making the Variation of their Application to address the residents’ concerns. The Sub-Committee is pleased to note this and hopes that this will continue into the future.

 

The Sub-Committee also welcomes the fact that the applicant will continue to ensure that patrons are reminded to vacate the premises quietly and work towards mitigating any noise pollution that occurs by patrons  exiting and entering the premises.

 

The Sub-Committee wished to remind the residents/interested parties that they have the right to request a Review of the Premises Licence should their concerns come to fruition.