COUNCILLOR PETER GOLDS – IN THE CHAIR

Councillor Golds welcomed all parties to the meeting.  Following this, all parties present introduced themselves.

To receive any apologies for absence.

No apologies for absence were received.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Chief Executive.

No declarations of personal or prejudicial interest were made.

To note the rules of procedure which are attached for information.

The rules of procedure were noted.

The Sub Committee was informed that the hearing was no longer required as issues concerning the application had been resolved and objections subsequently withdrawn.

The Sub Committee was informed that the application had been withdrawn.

At the invitation of the Chair, the Licensing Officer presented the report circulated agenda item 4.3. 

At the invitation of the Chair, Thomas O’Maoileoin, Solicitor representing the applicant informed the Sub Committee that the application was made by Smash Restaurants Ltd application for a new premises licence for Sausage and Mash Café to allow this premises to be open for the hours of 00:00 hours to 24:00 hours (no restrictions), and to authorise the use of the premises to engage in the licensable activities of:

·        the sale by retail of alcohol (on sales only) for the hours of:

                                                              i.      Monday to Saturday - 10:00 hours to 00:00 hours;

                                                            ii.      Sunday – 12:00 to 23:30 hours

·        recorded music, for the hours of:

                                                              i.      Monday to Saturday - 10:00 hours to 00:00 hours;

                                                            ii.      Sunday – 12:00 to 23:30 hours; and

·        the provision of late night refreshment for the hours of:

                                                              i.      Monday to Saturday – 23:00 hours to 00:30 hours;

                                                            ii.      Sunday – 23:00 to 23:00 hours.

Mr O’Maoileoin informed the Sub Committee that the previous restaurant ‘Smash’ had gone into administration and a new application had been submitted for ‘Sausage and Mash’ under the terms of the previous licence.  He highlighted that an additional half hour had been applied for Monday to Thursday and that the primary business of the premises was to be a restaurant.  Additional to these terms, the applicant offered that CCTV be installed at the premises, and that recordings be kept and made available for 21 days.  Mr O’Maoileoin informed that Sub Committee that the current owners were seeking to sell the premises and noted residents’ concerns about potential antisocial behaviour issues that prospective buyers might cause.  At present, a prospective buyer had been identified who and intended to operate the premises as a Vietnamese restaurant and had agreed to adopt the current licensed arrangements.  However, should the sale fail, the owner intended to operate the restaurant himself.  The premises would remain a restaurant and not a drink led establishment.  The applicant accepted the Sub Committee’s condition that alcohol would only be served with food.

At the invitation of the Chair, Mr Peter Sinden, a resident in the vicinity, made representations against the application on the basis that the additional hours would cause noise disturbance and anti social behaviours from patrons leaving the premises.  The premises were situated close to residential properties and so there would also be noise disturbance while the premises were in use. 

The Sub Committee adjourned at 2:55pm to consider its decision and reconvened at 3:37pm.  The Chair informed all parties that the Licensing objective relevant to the Members decision is prevention of public nuisance and prevention of crime and disorder.  In reaching a decision Members had regard to the Licensing Guidance and the Council’s Statement of Licensing Policy.  The Chair advised that having considered all written and oral representations the Sub Committee had reached a unanimous decision that the application be GRANTED with the additional conditions offered.

RESOLVED  ...  view the full minutes text for item 4.3