Decision Outcome
That the application by Strand 2015 Limited for a premises licence in respect of
The Monastery, 173 - 174 Digbeth High Street, Deritend, Birmingham, B12 0LD BE REFUSED.
In reaching this decision, the Sub-Committee was mindful of the promotion of the Licensing Objectives in the Act as well as the Cumulative Impact Policy.
An amended application was proposed and explained by the applicant’s legal representative in the hearing. The Sub-Committee carefully considered the amended operating schedule put forward by the applicant, and the likely impact of the application.
Very detailed submissions were made by the applicant’s legal representative about the proposed new conditions. Discussions had taken place between the premises and Environmental Health shortly before the hearing, he explained, and in recent weeks the premises had also been consulting various other departments of the City Council.
Members noted that the issue of planning permission was still at large, and it was confirmed by the premises’ legal representative that even if the licence were granted, it would be probable that the premises would have to return before the Sub-Committee to vary it, as there was so much that was yet to be discussed.
The premises were keen to develop and build on the existing Licence (which covers licensable activities on the first floor). It was submitted that these proposed new conditions would be sufficient to ensure that the premises was able to operate in a manner which would uphold the licensing objectives.
However, the starting point for the Sub-Committee was whether or not to depart from Policy. Having listened carefully to the submissions of the applicant’s legal representative, the Sub-Committee were not persuaded that there was in fact any substantial reason to depart from Policy. Whilst they had been told by the applicant’s legal representative that The Monastery was an ‘exceptional project’ and a ‘grand design’, Members did not consider that they had heard anything that was genuinely so exceptional that they could depart from Policy.
The Sub-Committee also heard submissions from West Midlands Police and from the Environmental Health department.
West Midlands Police were unhappy with both the opening hours and the capacity numbers, and also observed that on a recent visit they had discovered that the security personnel arrangements were not satisfactory. Overall it was the view of West Midlands Police that these types of elements would in fact add to the cumulative impact on the area.
Environmental Health were also of the view that the Cumulative Impact Policy should be upheld, regardless of the reduced hours and significantly amended terms that were discussed in advance of the hearing. Environmental Health stated that the premises had not shown that emanation of noise from these premises would not affect the cumulative impact on the area – particularly given that the premises wanted to increase their hours.
The Sub-Committee has given due consideration to the City Council’s Statement of Licensing Policy, the latest Guidance issued under Section 182 of the Licensing Act 2003 by the Secretary of State, the information contained in the application, the written representations received, and the submissions made at the hearing by the applicant, their legal adviser, and by those making representations – namely West Midlands Police and Environmental Health.
All parties are reminded that under the provisions contained within Schedule 5 to the Licensing Act 2003, there is the right of appeal against the decision of the Licensing Authority to the Magistrates’ Court, such an appeal to be made within twenty-one days of the date of notification of the decision.