Agenda item

Councillors C Hampson, D Brown and J Blakey

 

The Committee considered the report of the Corporate Director of Regeneration and Local Services regarding an application for the variation of a premises licence for Alders Bar and Coffee House, 21 North Terrace, Seaham (for copy of report, see file of minutes).

 

A copy of the application and supporting documents had been circulated to Members together with copies of the representations received and responses from responsible authorities.

 

The Senior Licensing Officer presented the report and advised Members that the application was to update the current internal plan and to extend the hours for recorded music and to extend the sale by retail of alcohol on a Thursday for one hour and on a Sunday for 90 minutes. The applicant had requested the removal of a condition relating to the order of alcohol being ancillary to a substantial meal which the applicant had now withdrawn as the condition was in relation to a delivery service that the premises were not offering.

 

During the consultation period three letters of representation were received from other persons. Members were advised that one of the representations received had not provided an address so the appropriate weight should be attached to the representation.

 

Responses were received from Durham Constabulary, County Durham and Darlington Fire and Rescue Service, Durham Safeguarding Children Partnership and Durham Council’s Environmental Health Department confirming that they had no comments to make in relation to the application.

 

Additional information had been received from the Applicant that had been circulated to all parties prior to the meeting.

 

Mr Duncan, other person sought clarification on the serving of alcohol with a meal.

 

The Senior Licensing Officer advised that the condition was purely for a delivery service that the previous owner had volunteered as a minor variation to the licence.

 

Mr Duncan asked if alcohol could be purchased like a public house as he was under the impression you had to purchase a meal. The Senior Licensing Officer confirmed that alcohol could be purchased without a meal.

 

In response to a question from Mr Duncan, the Senior Licensing Officer confirmed that they needed to know the address as anyone could make representations.

 

Mr Duncan indicated that he was objecting to the opening of the premises at 7.00 am due to noise and the later opening hours due to the disturbance by patrons getting into taxis.

 

Dr Aylott, other person indicated that her main concern was the bi-fold doors which would become an extension to the premises onto the street which would disturb residents. The Applicant had assured her that everything would be contained inside the premises which would be high end with good quality food and a well-run business.

 

She was concerned of smoking outside the premises but again the applicant had reassured her that he would keep a check on this. She was concerned about the extension to the opening hours in the morning and had moved her bedroom to the rear of her property and indicated that other premises in the area were not open that early. Serving would be from 7.00 am but they would be in the premises from 6.30 am to prepare but she had been advised by the Applicant that no tables and chairs would be outside the premises at 7.00 am.

 

Mrs Duncan, other person referred to the problems associated with the premises with the previous owner. She lived 2 doors away from the premises and if the bi-fold doors were open, sound would travel. She was concerned of the later opening hours as previously they had to shut their windows and turn up the tv due to the noise from the premises. They needed reassurances that this would not happen again as she worked nights and needed to sleep during the day.

 

Councillor Atkinson asked if any other businesses in the area affected them.

 

Mrs Duncan responded that the Queen Bee closed at 10.00 pm and the Lamp Room closed at 11.00 pm. There were some café/restaurants further along but did not have the same opening hours as those proposed.

 

Dr Aylott indicated that Dempseys Bar was further along, and the Port of Call was open late which caused disturbance with glasses and bottles left on window sills but were not associated with the café. She indicated that the move from residential to commercial in the area had been quick.

 

Mrs Duncan showed Members a photograph of how the street looked 3 years ago.

 

Councillor Brown asked for confirmation that their biggest issue was with the earlier opening hours.

 

Objectors confirmed that is was the earlier opening hours and an evening if the bi-fold doors were going to be open as noise would not be contained. There were also thinking ahead as there were plans to extend the path and take away the parking which would make the outside area larger.

 

The Chairman sought clarification if the sale of alcohol would extend past 11.00 pm.

 

The Senior Licensing Officer responded that the Applicant were asking for an additional hour on a Thursday and 90 minutes on a Sunday and provided members with details of the opening hours of other premises in the area.

 

The Chairman asked if there were issues with anti-social behaviour.

 

Mrs Duncan responded that the club next door, most of the patrons were elderly.

 

Mr Duncan indicated that the Port of Call patrons stand outside against their wall.

 

The Applicant indicated the they had recently refused entry to some people as they were not the type of customer they wanted to attract.

 

The Applicant then addressed the Sub-Committee and indicated that the reason for the extension on the morning was they had been approached to ask if they would open earlier so people could get a coffee to take to work and dog walkers wanting a coffee. They are currently in the premises early on a morning and they had a number of people asking if they were serving and it would be easy to turn on the coffee machine. Their neighbours opened at 8.00 am but it was not a problem if they wished to keep in line with their neighbours. The tables and chairs had rubber feet and were light so would not create much noise. He could not imagine that taxis would be pulling up that time in the morning.

 

They were very sympathetic to their neighbours and had tried to engage with as many as they could and had knocked on doors. They could currently serve alcohol until 11.00 pm but they closed at 11.00 pm. In line with the licensing objectives they were hoping to have drinking up time to allow patrons to disperse in a staggered period. The clientele they were targeting was the 35 plus, he did not want to be open at 12.00 midnight and his target was a social drink in the late afternoon and early evening in nice surroundings. He did not intend to have specials like buy one get one free and their prices would not be the cheapest around to keep away a certain type of customer.

 

Councillor Blakey asked when they would stop serving food.

 

The Applicant responded that they would serve a reduced menu after 6.00 pm but they had only just opened so they were still learning but it was not a restaurant and they would be serving the likes of paninis.

 

Councillor Blakey then sought clarification on the use of the bi-fold doors.

 

The Applicant responded that they wanted to create a continental atmosphere and the doors would help with this and make the premises look bigger. They would take advantage of the doors during the day, but they would be closed by 8.00 pm and indicated that Harbour View had obtained planning approval for their bi-fold doors, they had submitted a planning application which was currently being considered.

 

The Council’s Solicitor asked the Applicant to clarify if he was willing to amend the application to 8.00 am on the morning.

 

The Applicant confirmed that was the case.

 

Mr Duncan indicated that he was happy with the revised opening times, but they would still be disturbed by taxis for an extra 30 minutes on an evening.

 

The Applicant responded that he would contact local taxi firms and had a friend who was prepared to be a resident taxi, but other premises were open later who would require taxis.

 

Mr Duncan responded that the other premises did not impact on them as there were no residents in that area.

 

Dr Aylott indicated that the premises close, but residents have an extra 30 minutes of disturbance while patrons wait for taxis.

 

The Applicant responded that he did not envisage them getting much trade after 9.30/10.00 pm and they were not targeting the younger people and had priced them out.

 

The Senior Licensing Officer advised that the opening hours were not a licensable activity so they could serve tea/coffee without a premises licence.

 

Members asked if the music levels were an issue.

 

Residents indicated that if the doors were closed and it was background music then it was not so much of an issue but if the music was loud and the doors were open then the sound travelled straight up and was like an amphitheatre.

 

The Applicant advised that it would only be background music which would not be amplified as they wanted customers to be able to chatter.

 

All parties were asked to sum up.

 

Dr Aylott indicated that they had a good dialogue with the Applicant and was confident that any problems they could go direct to him which they did not have that option with the previous owner.

 

The Applicant indicated that he was new to this and had taken the whole thing seriously. He had done a lot of staff training and wanted to engage with residents who he saw as stakeholders, who he did not want to fall out with.

 

At 10.35 am the Sub-Committee retired to deliberate the application in private. After re-convening at 11.00 am the Chair delivered the Sub-Committee’s decision. In reaching their decision the Sub-Committee had taken into account the report of the Senior Licensing Officer, verbal and written representations of the Applicant and ‘Other Persons’ and written representation from responsible authorities. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

 

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

 

Licensable Activities	Days and Hours
Sale by Retail of Alcohol (on and off sales only)	Thursday 11:00 hrs - 23:00 hrs Sunday 11:00 hrs – 22:30 hrs
Recorded Music (indoors)	Monday to Wednesday 11:00 hrs - 22:00 hrs Thursday to Sunday 11:00 hrs – 23:00 hrs Sunday 11:00 hrs – 22:30 hrs
Opening Hours	Monday to Wednesday 07:00 hrs – 22:30 hrs Thursday to Saturday 07:00 hrs – 23:30 hrs Sunday 07:00 hrs – 23:00 hrs