Agenda item

To consider and determine an Application for a Variation of a Premises Licence by Mrs Jemma Kemaneler in respect of Eastern Chillout, 99 Fisherton Street, Salisbury, SP2 7SP

Application by Mrs Jemma Kemaneler for a Variation of a Premises Licence at Eastern Chillout, 99 Fisherton Street, Salisbury, SP2 7SP

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.

In accordance with the procedure detailed in the agenda, the Applicant, the Responsible Authorities and those who had made a Relevant Representation were given the opportunity to address the Sub Committee.

Key points raised by Mrs Jemma Kemaneler, Applicant were:

·               The applicant wishes to expand and enhance the current offer of the restaurant by offering an experience not only a meal, and the extension of live music and dance performances would add to atmosphere.

·               There had been a single complaint from a previous performance of live music, and in future all music would be acoustic in nature as it was more in keeping with the intended quiet atmosphere preferred by existing clientele, and would not disturb neighbouring properties, as the applicant would take measures to consult neighbours where a performance was planned.

·               The extension to the premises area was to take advantage of the large garden of the property and permit occasional events to take place, and extended times were to permit flexibility and not to rush people out the door; there were no plans to regularly hold events late at night.

·               The property had previously been a public house, so nearby residents were used to a certain amount of activity in the garden of the property, which was also a city centre property used to a certain amount of noise.

Key points raised by the Responsible Authority, Mr Peter McMillan of Wiltshire Council, Environmental Health) were:

·               The lack of sufficient noise suppression for ‘The Barn’.

·               The sheer proximity of neighbouring residential properties, and impact of events outside the current restaurant area from smell and in particular noise leading to public nuisance.

·               The application for extension to hours on every day of the week, leading to potential of extensive disruption.

The parties were given the opportunity to ask questions of the Applicant and Responsible Authority. A debate ensure in which the Sub Committee discussed points including the following:

·               The insulation of the structure known as ‘The Barn’, which in an update to the papers did now contain doors, but had not been assessed for noise cancellation.

·               The impact of even light music on the outdoor structures and tents given the closeness of residential properties.

·               Intended operation with extended hours and frequency of dance and music performances.

The Sub Committee members sought clarification on some points before retiring to consider the application and were accompanied by the Solicitor for Wiltshire Council and the Democratic Services Officer.

The Sub Committee then retired to consider the application at 1130.

The Hearing reconvened at 1300.

Following the deliberations of the Sub Committee Members, the Solicitor for the Council made a statement of material legal advice given in closed session as follows:

That no specific legal guidance had been given.

The Sub Committee considered all of the submissions made to it and the written representations together with the Licensing Act 2003, Statutory Guidance and Regulations and the Licensing Policy of the Council

Resolved:

That the Application for a Variation of a Premises Licence at Eastern Chillout, 99 Fisherton Street, Salisbury, SP2 7SP be granted as detailed below:

The Southern Area Licensing Sub Committee has resolved to MODIFY the premises licence for Eastern Chillout, 99 Fisherton Street, Salisbury as follows:-

1.    To amend the area covered by the premises licence to that shown on the plan submitted with the variation application on 22 May 2013.

2.    To approve the structural alterations as shown on the plan submitted with the variation application on 22 May 2013.

3.    To amend the permitted licensable activities as follows:

4.    To amend the existing condition relating to entry to the premises to read:-‘There will be no entry to the premises after 23.00 hours.’

5.    To amend the existing condition relating to recorded music to read: ‘Other than where specifically allowed in conjunction with a performance of dance, recorded music will be limited to background music – i.e. not regulated entertainment, which will not be audible outside the premises.’

6.    To add a condition to read:- ‘CCTV will be installed to cover all licensed areas, and the system will be of sufficient quality to ensure that identification of individuals will be possible. CCTV will be securely stored and images will be retained for a period of not less than 30 days. CCTV images will be produced to a Police Officer or a Wiltshire Council Licensing Officer on request.’

7.    To remove the existing condition that provides that Persons under 16 will not be permitted on the premises after 18.00 hours.

Informative

1.    For the purposes of this licence, ‘the restaurant area’ is not to include any outside area, the tents, or the additional structure known as ‘the barn’.

Reasons

The Sub Committee considered that the modifications to the premises licence as set out above would enable the licence-holder to expand and develop the range of facilities offered to patrons, whilst seeking to protect the amenity of nearby residents. In particular the Sub Committee were concerned at the likely disturbance of residents by live and recorded music late at night and for that reason did not approve the requested addition of recorded music as a licensable activity (other than in the limited circumstances allowed); the increase in hours of live music; or the provision of late night refreshments other than in the restaurant area. The Sub Committee accepted the comments of the Environmental Health officer that the acoustic properties of the restaurant area had not been significantly improved since noise complaints last year. They also accepted that the acoustic properties of the barn were inadequate, or at best untested, and that the tents would not contain any noise at all.

The Sub Committee accepted that performances of belly-dancing needed to be accompanied by recorded music and therefore agreed that such music could be permitted, in the restaurant area, during the limited hours of those performances on Friday and Saturday evenings. They also felt that both live and recorded music would be acceptable on non-standard days.

The Sub Committee saw no reason to restrict the presence of persons under 16 on the premises, but accepted the need to have appropriate CCTV in place, to prevent crime and disorder.

In reaching its decision the Sub Committee has considered the relevant provisions of the Licensing Act 2003 (in particular Sections 4 and 35 ); the guidance issued under Section 182 of the Act and the Licensing Policy of Wiltshire Council.

Evidence

The Sub Committee heard evidence from Mrs. Kemaneler, the licence-holder. She explained the nature of the business currently operated at the Eastern Chillout and how they wished to offer more services to their patrons, including being able to cater for weddings. She said that works had been carried out to the barn to improve its acoustic properties and that advice had been taken from an acoustic engineer. They had had a live music event last year at the premises which had led to complaints. Since then that had been no further events.

Mr. McMillan, for the Environmental Health Team, explained the concerns that his Team had with some of the proposed variations to the licence. There were residential properties very close to the premises and the occupants of those properties would be disturbed by both music noise and by the noise of people talking in the garden area late at night. The tents were particularly near to other properties and, in his view, it was inconceivable that there could be music in the tents that would not be audible beyond the premises. He had not seen details of any acoustic works to the barn, but in any event, would be concerned at the inevitable escape of music from the buildings, when doors were opened.

Right to Appeal

All parties have the right to appeal to the Magistrates’ Court within 21 days of receipt of this decision.