The report of the Director of Planning, Building Control and Licensing is enclosed.

The Committee having taken into account the content of the written report and listened carefully to the representation of all parties considered it appropriate to refuse the application on the ground of prevention of public nuisance.

The Committee noted that the premises was situated in a densely populated area with residential premises in close proximity from which the applicant was proposing to operate an alcohol delivery service 24 hours a day. This would mean that delivery vehicles would be accessing and egressing the premises all night including at noise sensitive times in the early hours when background noise would be relatively low and residents would have a reasonable expectation of a quiet environment.

The Committee heard from the Applicant that the drivers would be instructed to use the small side gate which is less noisy than the main gate, however the Committee considered that due to the proximity of residential premises and the narrowness of the road residents would be disturbed by the noise of loading and the noise of vehicles arriving and departing during the night.

The Committee did not consider that there were any additional conditions it could impose to mitigate against the public nuisance which would be caused to residents by deliveries taking place at night,  it did not consider that this location was appropriate for a premises of this nature  and therefore considered it appropriate to refuse the application.

Decision

To refuse the application on the grounds of prevention of public nuisance

The report of the Director of Planning, Building Control and Licensing is enclosed.

The Committee took into account the content of the report and listened carefully to the representations of both parties. The Committee noted that there had been no objections from residents living in the vicinity of the premises and that the operator had mitigated the concerns of Licensing out of hours with the agreement of further conditions. 

The Committee noted that the ward Councillors were concerned about behaviour of customers outside the premises at more noise sensitive times and therefore considered it appropriate to amend the conditions to ensure that CCTV coverage included this area. The Committee further noted that the Applicant was a responsible operator and therefore the Committee considered that a licence granted on the above terms should not undermine the licensing objectives.

Decision

To grant the application as follows:

Hours for late night refreshment

Sun-Wed: 23:00-01:00

Thurs-Sat: 23:00-03:00

Opening hours

Sun-Wed: 12:00-01:00

Thurs-Sat: 12:00-03:00

Conditions consistent with operating schedule and those agreed with Licensing out of Hours. Additional condition added by Committee:-

The CCTV system to include at least one camera externally to cover the forecourt of the premises.