Agenda item

Consideration was given to the report of the Senior Licensing Officer regarding an application to vary a Premises Licence in respect of 13 Fore Bondgate (formerly Bella Italia), Bishop Auckland (for copy of report, see file of minutes).

 

A copy of the application form and supporting documents had been circulated to Members.

 

The Senior Licensing Officer presented the report and advised Members that the deadline for receipt of objections had been extended due to the blue notice not been displayed correctly.

 

The objectors had indicated that they were unable to attend the meeting but had asked for their written representations to be taken into consideration.

 

A planning application had been submitted to bring the opening times of the premises in line with licensable activities.

 

The Applicant advised Members that planning permission had been granted and that the premises was sound proof with fire doors and they had recently purchased a noise reduction device.

 

J McFarland, speaking on behalf of the Applicant advised Member that she had spoken to Mr Harrison, an objector and invited him to the premises to talk about his concerns which resulted in his objection been withdrawn. She did not know the other objector so was unable to talk to her.

 

She went on to advise Members that they only intended to have background music and that they had a door to the rear of the premises where there was no residential properties and they were happy to ask people to leave by this door so that they did not disturb residents.

 

The Chairman sought clarification if they envisaged any live music.

 

Members were advised that they only intended for background music as they were more of a wine bar. Live bands would be too noisy and the premises next door and over the road currently provided live music.

 

The Chairman indicated that the licensing hours to 2.00 am were outside of the framework and asked the Applicant to justify why the Sub-Committee should consider granting a variation outside of these hours.

 

The Applicant responded that customers did not come to the area until about 11.00 pm, in view of this they would like to open until 2.00 am or 1.30 am on a Friday and Saturday which would coincide with other premises in the area.

 

The Chairman advised that only one of the premises in the area was open until 2.00 am and this licence was granted prior to the revised policy, which was why it was outside of the framework.

 

Councillor Batey sought clarification on the type of food that would be served at the premises.

 

Members were advised that the food would be Italian/pub food and that they had previously had a restaurant. The premises would consist of booths in the bar area and the restaurant would be mostly tables with the kitchen on the first floor and the cellar in the basement.

 

They envisaged that people would have a drink and eat when ready. Bishop Auckland now had a lot of visitors to the castle and the wine bar would be a venue for visitors. Bishop Auckland was an up and coming area and they were hoping for a licence until 2.00 am.

 

At 11.35 am the Sub-Committee retired to deliberate the application in private. After re-convening at 11.40 am the Chair delivered the Sub-Committee’s decision. In reaching their decision, Members had taken into account the written and verbal representations of the Applicant and written representations of Other Persons. Members also considered the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

 

Resolved: That the application for a premises licence be granted as follows:-

 

Activity	Days and Hours
Opening Hours	Sunday to Thursday: 12.00 to 00:00 hours Friday and Saturday: 12:00 to 01:00 hours Sundays before a Bank Holiday and New Year’s Eve: 12:00 to 01:00 hours
Sale of Alcohol (for consumption on the premises only) and Recorded Music	Sunday to Thursday: 12:00 – 00:00 hours Friday and Saturday: 12:00 – 01:00 hours Sundays before a Bank Holiday and New Year’s Eve: 12:00 – 01:00 hours

 

The Sub-Committee considered the conditions suggested within the Operating Schedule of the application and believed it was necessary and proportionate to impose the following condition upon the licence:

 

(i)              We will hold the four objectives in high regard and will strive to keep staff fully trained on all of our policies and procedures. All training records will be made available to officers when requested.

 

(ii)             Alcohol will not be served to anyone who appears drunk. Disorderly conduct will not be permitted on the premises. Proof of age Challenge 25 will be utilised.

 

(iii)           Full initial staff training to be carried out by the Designated Premises Supervisor to ensure no alcohol is sold to anyone under age and refresher training to be carried out every six months.

 

(iv)           Training records to be kept for every member of staff and endorsed after every training session. The records will be made available to officers and responsible authorities when requested to do so.

 

(v)            CCTV is installed covering all areas and aspects of the premises, all doors in and out.

 

(vi)           CCTV coverage will be kept and made available to any police or courts as requested. Staff will be trained about the sale of alcohol. All staff training records will be kept for inspection.

 

(vii)         CCTV will be provided in the form of a recordable system, capable of providing pictures particularly facial recognition. Cameras shall encompass all entrances and exists to the premises, where the sale/supply of alcohol occurs.

 

(viii)        The majority of staff will be trained to operate the CCTV system; this is to include viewing and downloading of the system. Regular refresher training will also be undertaken. Training records can be made available for inspection upon reasonable request by police or other relevant officers of a responsible authority.

 

(ix)           All footage will be kept on the system for at least 28 days and will be made available to officers and responsible authorities when requested to do so. The Licensee and Designated Premises Supervisor must ensure that SIA Door Supervisors will be employed (X2) Friday, (X2) Saturday from 22:00 hours to closure. SIA Door Supervisors will also be employed on Bank Holidays (X2) from 20:00 to closure. Provision of door staff on a risk assessment basis all other days.

 

(x)            Safety signage will be in place for fire exits. Fire exits and equipment to be clearly marked.

 

(xi)           Safety at work signage will be in place for insurance certificates, incident log and will be in place for staff and public.

 

(xii)         Members of staff to be first aid trained and aware of health and safety requirements.

 

(xiii)        First aid facilities will be in place and up to date.

 

(xiv)        Groups of people will be discouraged from congregating outside the premises.

 

(xv)         Signage will be displayed encouraging customers to leave quietly.

 

(xvi)        A rubbish bin will be placed outside of the front of the premises and customers will be encouraged to use it. At the end of business staff will ensure that litter is collected from the front of the premises and the immediate vicinity.

 

(xvii)      Bottle bins to be emptied on a morning.

 

(xviii)     A cigarette bin to be available outside the premises.

 

(xix)        A challenge 25 policy will be operated at the premise, acceptable forms of identification are a passport, photo card driving licence and PASS accredited identification card i.e. ID4U.

 

(xx)         A refusal register will be kept and endorsed after every sale refused. This should be maintained and will be produced to a relevant officer of the police or other relevant officer of a responsible authority upon request. This is also to include over 18’s purchasing alcohol and passing it on to under 18’s (proxy sale).

 

(xxi)        No under 18 events to be held at these premises.

 

(xxii)      No adult themed entertainment.