The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Committee heard from the Applicant as to the nature of the premises they intend to operate and that the main emphasis was on being a hotel and that the comfort of their guests was the priority and there was no intention to cause a nuisance to them or anyone else in the neighbourhood.

The Committee were encouraged by the fact there had been extensive consultation with Responsible Authorities and local residents prior to the application being submitted.  They noted that agreement had been reached with GMP and LOOH to add extra conditions. The Committee also noted that no residents had objected from the nearest residential apartment block, Bauhaus.

The Committee accepted that the premises was not going to operate as a late night vertical drinking bar or nightclub and that the diner downstairs was food led. The Committee viewed that sufficient controls were being put in place to prevent the roof top bar causing a nuisance including that all licensable activities outside will cease by 11pm with the outside area fully closed by midnight.

The Committee carefully considered the written representations from the resident objector, who was not in attendance. The Committee also considered the original and further written representations from the councillors, who were also not in attendance. The Committee were of the view that with the comments of the Applicant as to the nature of the business intending to operate, the conditions in their operating schedule and the additional conditions agreed that these concerns had been appropriately addressed.

Taking all of the representations into account the Committee were satisfied that the Applicant was a responsible operator and that the licensing objectives’ would be upheld if the licence was granted with the additional conditions agreed.

Decision

To grant the application subject to the following conditions.

Conditions

1. On Friday and Saturday a minimum of 1 SIA registered door staff shall be employed at the premises from 2200 hours until 0400 hours. At all other times the requirement for door staff shall be determined in accordance with a risk assessment carried out by the DPS. When employed door staff shall wear hi-vis armbands.

2. All staff shall be trained in:
   1. How to refuse service.
   2. Child welfare training including child exploitation in the hospitality industry.
   3. Action to be taken in the event of an emergency and reporting an incident to the emergency services.

3. All external ground floor fire exit doors shall be fitted with sensor alarms and visible indicators to alert staff when the doors have been opened.

4. The premises licence holder shall ensure that all times when the public is present there is at least one competent person able to administer first aid, that an adequate and appropriate supply of first aid equipment and materials is available on the premises, that adequate records are retained in relation to the supply of any first aid treatment.

5. All staff on duty at the premises shall be trained in fire safety and evacuation procedures for the premises and aware of their individual responsibilities, this includes any door supervisors.

6. Staff training shall include procedures to deal effectively with emergency incidents including:
   1. Reporting an emergency to the relevant emergency service.
   2. Safe evacuation of customers.
   3. Dealing with terrorist threats or incidents.

7. The licence holder shall enter into an agreement with a hackney carriage and/or private hire firm to provide transport for customers with contact numbers made readily available to customers. Where possible a call back system will be operated and drivers instructed not to sound their horns when collecting customers.

8. No unaccompanied children shall be permitted entry to the restaurant areas after 2200.

9. Speakers shall not be located to the external perimeter of the premises save for intercom system use and for safety announcements (for the sake of clarity this does not prevent the use of speakers on the pool side or terrace areas).

10. No regulated entertainment shall be provided in the external area of the roof top terrace.