Agenda item

Councillor Brown then outlined the written representation of the Parish Council dated 20 December 2021, stating the view that the licensable activities requested by the Applicant were outside the County Council’s Statement of Licensing Policy framework hours.  Councillor Brown expressed the Parish Council’s view that the granting of the application would cause a severe disturbance to local residents and the application should be amended to comply with the policy, whereupon this would satisfy the Parish Council’s objection.

FIELD_SUMMARY

The Chair then invited questions from the parties.

The Applicant’s Agent remarked that the final three paragraphs of the first page of the letter dated 20 December appeared to be quoted from a document.  He asked Councillor Brown if she could confirm where the information was taken from.  Councillor Brown replied that the source of the information was not known to her. 

The Applicant’s Agent then asked Councillor Brown whether the Parish Council had taken residents’ views into account when reaching their decision to object to the application.  Councillor Brown clarified that the Parish Council’s representation was not based upon the views held by residents, the views expressed were those of the members of Durham City Parish Council.

The Licensing Team Leader referred to page 46 of Durham County Council’s Statement of Licensing Policy and stated from the policy ‘the Council expects that, where applications to provide licensable activities outside these framework hours are made, applicants will volunteer particularly robust conditions in their operating schedules in respect of all the licensing objectives’.  The Licensing Team Leader was of the opinion that the application before the Sub-Committee did include a robust operating schedule.  In response to a question from the Licensing Team Leader as to whether the Parish Council had considered the proposed conditions within the operating schedule, Councillor Brown confirmed that the conditions had been considered, however, the Parish Council decided to continue their objection as, in their view, the application did not adhere to the licensing framework’s operating hours. 

The Applicant’s Agent then addressed the Sub-Committee on behalf of the Applicant.

The Applicant’s Agent highlighted that the application as amended on 23 December had addressed the Environmental Health concerns and the further amendment had led to the withdrawal of the representation by Durham Constabulary.  He commented that the Parish Council’s representation was formed on their views and was not based upon the views expressed by residents.  The Agent pointed out that the Parish Council expressed concern at the proximity of the premises to residents and businesses, however, the residents who were likely to be most affected were those occupying the living accommodation above the premises and they had made no representations.  He also remarked that the residents were currently living above Subway which was licensed to 03.00hrs and a nightclub, a Wetherspoons pub and two takeaways licensed to 03.00hrs were also within the immediate vicinity.

The Applicant’s Agent referred the Sub-Committee to conditions set out in the  operating schedule, highlighting that these included the provision of staff training, including conflict management training for front of house staff and the proposed condition that last orders must be taken thirty minutes before the terminal hour.  He explained that the Applicant intended to monitor the situation, and, if necessary he would employ door supervisors to address crime and disorder issues.  He also intended to manage customers outside of the premises and provide a litter bin.  In addition, he had committed to work with the police, in order to prevent public nuisance.

The Council’s Solicitor asked the Applicant’s Agent why the 03.00hrs closing time was particularly important for the business.  The Applicant’s Agent responded that, as the premises was in close proximity to a nightclub, the business would wish to benefit from that clientele.

The Council’s Solicitor then referred to the proposed condition that last orders shall be taken thirty minutes before the terminal hour at the latest and asked whether the Applicant envisaged any difficulties managing customers’ expectations.  The Applicant’s Agent explained that this had been a proposed condition within the original application as the Applicant acknowledged that it may not be possible to fulfil orders taken less than thirty minutes before the terminal hour.  The Agent reiterated the Applicant’s intention to monitor the situation, that staff would be provided with conflict management training and consideration would be given to engaging door supervisors if necessary.

All parties were given the opportunity to sum-up.

The Applicant’s Agent requested the Sub-Committee to recognise the robust operating conditions contained within the application, adding that the hours requested were the norm in the vicinity.  He referred to the Thwaites case which established that, ‘only conditions should be attached to a licence with a view to promoting the licensing objectives and that ‘real evidence’ must be presented to support the reason for imposing these conditions’.  The Agent respectfully suggested that the Parish Council had submitted no ‘real evidence’ to support their view that the application was not consistent with policy.  The Agent pointed out that the application had been amended following mediation with Environmental Health and following further amendment, Durham Constabulary withdrew their representation. 

Referring to the letter from the Parish Council dated 20 December 2021, the Agent was of the opinion that the information contained in the final three paragraphs on the first page was not taken from current policy or statutory guidance.

Councillors Blakey, McLean and Wilson Resolved to retire to deliberate the application in private with all parties being notified of the decision later in the day.

In reaching their decision the Sub-Committee considered the report of the Licensing Team Leader and the representations made by Durham City Parish Council and the Applicant.  Members also took into account Durham County Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

Resolved:

That the application be granted subject to:

a)    the conditions that are consistent with the operating schedule accompanying the application and the mandatory conditions set out in the Licensing Act 2003;

b)    the following activities and times: