notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. She then outlined the procedure that would be followed.

declarations of interest

No interests were declared.

part b minutes for information

application for a temporary event notice under the licensing act 2003

The Chairman introduced the report which set out an application for a Temporary Event Notice for Jittermugs Coffee Shop, for a 2-day Valentines' Event on 14 and 15 February 2014.

Mr Green, the applicant, presented his case and gave an overview of the application. Mr Green explained that they had obtained planning permission for mixed A1 retail and A3 coffee shop use in 2013. The permission required that sound proofing be installed and Mr Green confirmed that this had been carried out. They had also installed further soundproofing measures which included: soundproofing matting at the back of the premises; a quieter coffee grinder; front door had been customised to reduce noise; and replacement rubber chair protectors to reduce scrapping of chairs.

Mr Green stated that many local people supported his business. He noted that the premises was on a commercial street and that as a business, of course people would be in and out of the premises. He noted the concerns of the Environmental Protection Team but queried why they had provided no evidence to support their concerns. Mr Green reported that he had arranged for a company to provide sound readings and the readings they had taken were low.

Mr Ledger (Environmental Protection Team Manager) strongly objected to the application. He drew attention to the planning application approved in 2013 and the planning application that had been received to extend the permitted hours. Mr Ledger considered that any extension of hours would have a detrimental impact on the residential amenities of the family living above the premises.

Mr Tucker (Environmental Protection Officer) reported that he had visited the flat above the premises on 16 November 2013 with a colleague following the completion of the soundproofing works. Mr Tucker stated that at the time of their visit there were only three customers at the premises, but they had been surprised at how audible voices were and the scraping of chairs.

In response to queries from the applicant, the Assistant Solicitor advised that when assessing whether noise was causing a nuisance, Officers did not have to supply figures. The Officers professional opinion was sufficient.

The applicant responded to queries from Members which included: what type of alcohol would be sold; was there a bar?; and access to the courtyard.

Members of the Sub-Committee adjourned to make their decision at 12:04pm. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer returned at 12:33pm, when the meeting re-convened.

The Chairman stated that they noted the concerns of the Environmental Protection Officers and were concerned that the application may cause a nuisance. However, they appreciated the works carried out to mitigate noise, and would be granting the temporary event notice as requested, however they would be asking Environmental Health Officers to monitor the events in order to ascertain whether the use did amount to a nuisance.

The Chairman stated that this was a one-off permission and did not in anyway mean that any further licence may be granted. The Chairman reminded the applicant that the application for increased hours would also be heard at Planning Committee on Thursday 13 February 2014 and should the application be refused the temporary event notice licence could not be implemented.