Agenda item

Consideration was given to an application (made in accordance with Section 34 of the Licensing Act 2003) by Mr. David Marshall for the variation of the Premises Licence currently in force in respect of The Longbar, Unit 2 Braithwell Road, Ravenfield, Rotherham S65 4LH.

 

The applicant was seeking:-

 

-        To extend the latest permitted hours for the sale of alcohol. For consumption on and off the premises, on Sundays from 17:30 hours (5.30 p.m.) to 22:30 hours (10.30 p.m.)

 

-        Amend condition 18 of Annex 2 of the Premises Licence which currently says:-

 

“There shall be no outdoor consumption of alcohol.  Alcohol shall only be permitted to be taken off the premises in sealed containers.”

 

To read as follows:-

 

“The consumption of alcohol is permitted by customers in the designated seating area and permitted to be taken off the premises in sealed containers.”

 

The management controls offered in the application, all of which would be made further conditions of Annex 2 of the Premises Licence if the variation was granted, were set out in the report submitted.

 

Mr. David Marshall (Designed Premises Holder) and Mrs. Marshall were present at the meeting.

 

Consultation on the application had been carried out in accordance with all statutory requirements and the Council procedure.  During the consultation period 3 representations had been received from “other persons” (2 local residents and Ravenfield Parish Council) all of whom were opposed to the granting of the application.

 

The 2 residents who had made the representations to the application had been invited to attend the hearing but had not attended.  Mrs. G. Needes, Clerk to Ravenfield Parish Council, was in attendance.

 

The Panel took into account the issues raised by the local residents which centred around:-

 

-        The proposed outdoor seating area (already in place) was positioned directly on the pavement and encroached into the adjacent parking area

-        The outdoor seating area created obstruction for pedestrians using the path to access nearby shops and neighbouring premises/shops

-        Serious concerns with regard to full and future compliance with the existing licence conditions

-        Granting of the variation could set a precedent for extended outdoor alcohol use along the parade increasing cumulative noise, littering and anti-social behaviour in the area

 

Mrs. Needes presented on behalf of Ravenfield Parish Council:-

 

-        Concern that the allowing of outdoor consumption of alcohol would increase noise and disturbance

-        Servicing alcohol in a confined area where pedestrians must pass directly through patrons presented significant safety risks

-        Children frequently visited neighbouring businesses.  The serving of alcohol in close proximity to these premises may expose children to inappropriate behaviour and/or environments associated with alcohol consumption

-        The Parish Council acknowledged that The Longbar was a community asset with a lot of positive comments, however, the issue was with the outside area and serving of alcohol

-        The image supplied demonstrating a pedestrian with a disability walking through the seating area, believed to demonstrate sufficient space, did not take into account other scenarios such as people with prams, dogs, shopping bags etc.

-        The possible rolling forward of parked vehicles was a great concern, however, the installation of permanent bollards would resolve these concerns

-        Complaints had been received from the neighbouring shops in relation to the outside seating area

 

No representations had been made by the Responsible Authorities. 

 

Photographs had been supplied by Mr. Marshall prior to the meeting and circulated to the Sub-Committee.  At the meeting Mr. Marshall provided 4 letters of support and a petition containing 55 signatures in support of the variation to the licensing condition.

 

All parties present agreed to the submission of the late letters of support for consideration.

 

The Sub-Committee adjourned for 15 minutes to enable all present to consider the submissions.

 

In response to questions, the applicant provided the following information:-

 

-        There were 5 tables in the designated outdoor seating area providing seatings for a maximum of 10 people

-        The Longbar was a wine bar not a pub or a micro bar

-        Temporary barriers had been erected.  The landlord had visited and wanted to put permanent barriers in to secure the walkway and car parking making it safer

-        A Planning Officer had made a site visit and said that as long as there was a 1.5m walkthrough they could not see an issue; there was a 2m walkthrough

-        The bar had been open a year and there had been no problems and operated strict guidelines regarding children and the sale of alcohol age regulations

-        Children were only allowed into the bar until 21:00 hours (9.00 p.m.) and only with an adult

-        Currently non-alcoholic only were served outside

 

It was noted that the Planning Service had not objected to the application for the consumption of alcohol in the designated outdoor seating area.

 

The Sub-Committee considered the application for the variation of the Premises Licence and the representations made specifically in the light of the following Licensing objectives (as defined in the 2003 Act):-

 

·            The prevention of crime and disorder.

·            Public safety

·            The prevention of public nuisance.

·            The protection of children from harm

 

Resolved:-   That the application for the variation of the Premises Licence, under the provisions of the Licensing Act 2003, in respect of The Longbar, Unit 2 Braithwell Road, Ravenfield, Rotherham S65 4LH, be granted as follows:-

 

(1)  Extension of the latest permitted hours for the sale of alcohol, for consumption on and off the premises, on Sundays from 17:30 hours (5.30 p.m.) to 22:30 hours (10.30 p.m.)

 

(2)  Condition 18 of Annex 2 of the Premises Licence be amended to read “the consumption of alcohol is permitted by customers in the designated seating area and permitted to be taken off the premises in sealed containers”.

 

(3)  That the following management controls be added to the existing conditions of Annex 2 of the Premises Licence i.e.

 

(i)  The premises CCTV system shall cover the outdoor area and CCTV recordings shall be retained for a period of not less than 31 days;

 

(ii)  the outdoor area shall be clearly defined and furnished with safe and stable furniture;

 

(iii)  access and exit route in the outdoor area shall be kept clear at all times;

 

(iv)  children shall only be permitted in the outdoor area if accompanied by an adult;

 

(v)  alcohol shall only be consumed in the outdoor area by seated customers;

 

(vi)  no customer shall exit the outdoor area with an open container;

 

(vii)  no amplified music shall be provided in the outdoor area;

 

(viii)  signage shall be displayed in the outdoor area asking people to respect nearby residents and

 

(ix)  staff will regularly monitor noise levels in the outdoor area together with compliance of the conditions of the Licence.