Minutes:
The Chairman read out the Decision as follows:
Findings
The Sub-Committee had due regard to the report of the Licensing Manager, representations put forward in the agenda and the representations put forward at the Hearing.
The Sub-Committee understands and acknowledges the concerns raised by the local residents. They noted that no representations had been made from any Responsible Authorities. The Sub-Committee noted that concerns had initially been raised by the Community Safety and Neighbourhood Nuisance Team, and suggested conditions proposed which the Applicant had agreed to. These would be attached to the Licence. The Sub-Committee place weight on there being no objections from any Responsible Authority.
The Sub-Committee noted that the Applicant expressed willingness to
install CCTV at the property.
The Sub-Committee noted that the Planning and Licensing regimes were separate and noted that a Planning Application would be submitted which would include the installation of additional toilet facilities. They noted that the application would be considered by the Planning Committee at the relevant time and that the licensing application today is concerned with the promotion of the licensing objectives. The particular licensing objective engaged at the hearing was the prevention of public nuisance.
The Sub-Committee recognises that there is a low level of Anti-Social behaviour in the area. It accepts that the applicant intends to run the premises responsibly and has a previous track record of compliance with the Licensing Act. However, the Sub-Committee has listened to neighbours’ concerns regarding the congregation of persons outside the premises, smoking and chatting, in the evenings. Particular concern related to Sunday evenings when residents are particularly concerned about disturbance to the enjoyment of their homes. There has been mention of residential gardens being used as a toilet and concerns over rubbish. The Sub-Committee grants the application but imposes conditions to address the licensing objective of the prevention of public nuisance.
Conditions
The mandatory conditions and those consistent with the operating schedule are attached to the licence.
The Sub-Committee acknowledged that the conditions put forward by the Community Safety and Neighbourhood Nuisance Team had now been agreed by the Applicant and would be attached to the Licence.
The Sub-Committee referred to the statement made by the Applicant’s Representative in that they had agreed to install CCTV to the front of the Premises. The Sub-Committee attach the following condition to the licence:
A digital CCTV system shall be maintained at the premises which shall record the front of the premises. Images must be capable of being downloaded in a digital format upon reasonable request from representatives of the Police and Licensing Authority. All staff on duty must be trained in the use of the system and be able to comply with such request. The system to be maintained in good working order at all times. A CCTV monitor will be positioned so that a member of staff will be capable of seeing images from the camera.
The Sub-Committee considered the request made by the other persons present and the prevention of public nuisance licensing objective and the Sub-Committee reduces the operating times of the premises to 10.00pm on a Sunday.
The Sub-Committee suggested that consideration be given to the area outside of the premises, and attached a condition to the licence that a regular litter patrol takes place immediately outside of the premises which includes the picking up and proper disposal up of any rubbish found.
The imposed conditions are considered appropriate to address concerns regarding the limited toilet facilities, so far as this relates to the prevention of public nuisance and the noise and litter caused from the congregation of persons outside this premises, smoking and chatting in the evenings. It is considered that the above conditions are appropriate to promote the licensing objective of the prevention of public nuisance.
Determination
The Sub-Committee grant the application for a premises licence for Lietuviska Uzeiga, 4 London Road, King’s Lynn, subject to the addition of the above mentioned conditions to the licence.
Right of Appeal
It was noted that both the applicant and persons making representations had a right of appeal against that decision to the Magistrates Court. An appeal must be commenced within 21 days beginning with the day on which you receive notification of the decision. You may wish to seek independent legal advice from a solicitor or the Citizens Advice Bureau regarding this.