Agenda item

To consider the application for a new premises licence for 3-5 Station Approach, Chorleywood, WD3 5ND.

The Chair asked the applicant to put their case to the Sub-Committee.

Stephen Ross representing the applicant, thanked the Sub-Committee for reconvening the Hearing and that the applicant could not be present due to work commitments. Stephen Ross explained that the new restaurant would primarily be a premium restaurant with a calm ambience. The long hours applied for was to maximise trade and appeal to the commuters from the train station opposite the premises. Customers would be reminded to keep noise to a minimum and encouraged to pre-order taxis from the taxi office opposite the premises. The staff would all be trained to a high, professional level.

Stephen Ross informed the Sub-Committee that the applicant was withdrawing the request to play live/recorded music at the premises. The Sub-Committee’s legal representative confirmed that the request to play music was being withdrawn and it was confirmed that it was.

The Chair asked Interested Parties to put their case to the Sub-Committee.

Parish Councillor Debbie Rosario, Interested Party, objecting, put the case forward on behalf of the Chorleywood Parish Council. She was reminded that she could only refer to the 5 points made of Chorleywood Parish Councils valid objections.

The points that were put forward included the following:

·       The Parish Council were pleased to hear that the applicant was withdrawing the request for live/recoded music.

·       The requested opening hours were very long.

·       The premises was a bank and was now an office. An application for a nursery had been refused.

·       Concerns were raised by residents about the noise that would be created as the premises had requested hours from 9am to 1am.

·       There were 40 residential properties around the premises, and these would be affected by the noise pollution.

·       The premises windows were single glazed.

The following questions were asked to the Applicant by the Interested Party:

·       Was a noise assessment carried out? The applicant responded that the venue would be a high-end restaurant, not a nightclub. The late timings were for attracting commuters from the train station and private events. A noise assessment had been carried out as had been requested by environmental team for the extraction from the premises. This was completed and high-quality equipment will be installed to omit smells.

·       There was a concern that the noise exiting the building had not been examined when full, but the applicant pointed out that the building was a bank, so had thick walls. The nearest neighbour was 7m away with no windows on that side, only a stairwell.

·       Had the applicant considered the air pollution with smoking outside the restaurant? The applicant clarified that there was no reason to go near the residences, there would be a smoking area to the front of the restaurant and a host to manage the area.

·       Were the long hours necessary? The applicant commented that the hours had been requested to cater for a takeaway service, a lunchtime service, commuters and maybe a breakfast option.

The following questions were asked to the Applicant by the Members:

·       Councillor Sian clarified that the music had been withdrawn. He asked about the glazing of the windows and if the restaurant would have air conditioning. The applicant confirmed that there would be air conditioning and therefore the windows would be closed. He could not confirm information about the glazing or the windows but was open to discussion about this. The signage would include hush and smoking notices. This as standard practice to respect neighbours. And there would be a specific smoking area at the front with a host to manage.

·       Councillor Humprey asked if the CCTV that was going to be installed, inside and outside, would be 24-hours and it was explained that it was mandatory that the CCTV was 24-hours at the approval of the Police for the safety and interest of people and the restaurant. It was expected that this would have to be shown at any time, if requested.

Applicants’ sum-up

The Applicant reiterated that the licence for the premises was for a restaurant and nothing else. The Applicant was trying to work with the local community to create a nice place for residents to enjoy as well as catering for commuters.

Interested Parties sum-up

The Independent Person summed up that residents were concerned about the opening hours of sixteen hours a day, seven days a week and the noise pollution that would be created. There had been no engagement with residents. The Parish Councillor stated that she had been under the impression that the hearing was to be a “discussion”.

Deliberations

The Applicants and the Reporting Officer left the room and took no further part in the meeting.

The Sub-Committee then began their deliberations by seeking advice from the Legal Officer.

Overall, after considering the application for a new Premises Licence and the oral submissions, by or on behalf of the Applicant, the written representations, the oral representations, and the information given by the Licensing Officer’s report at the hearing. The applicant had withdrawn the request to have live and/or recorded music included on the premises licence. There was no evidence that had been provided that gave the Sub-Committee reason to not grant the premises license, as applied for. The Sub-Committee noted that the applicant had set out additional steps that they intended to take to promote the four licensing objectives, these included:

·       Outdoor and indoor CCTV system will be installed with 28-day library.

·       Access to copy imagery upon request to the DPS or manager.

·       Instore challenge signage and re challenge 25 proxy sales and purchasing under the influence.

·       Challenge 21 in place.

·       Refusal system with refusals book and incident log in place.

The applicant had also suggested additional conditions which were also set out in the report at Appendix 5.

There had been no objections received from any of the responsible authorities for the new application.

Decision

The Sub-Committee unanimously decided to grant the application as in the report with addition of one condition to have appropriate and sufficient signage displayed in prominent places at the premises requesting patrons respect local residents, when leaving the premises quietly.

AGREED: To grant the application for a new premises license under the Licensing Act 2003 with addition of one condition to have appropriate and sufficient signage displayed in prominent places at the premises requesting patrons respect local residents, when leaving the premises quietly.