Decision Details

Implemented

Licensing Act 2003 - Premises Licence - Grant - Dubella Lounge, 112-116 Boldmere Road, Sutton Coldfiled, B73 5UB

No

000539/2015

No

Report of Director of Regulation and Enforcement.



N.B. Application scheduled to be heard at 1000 hours.

Tue 11 Aug 2015

Report of Director of Regulation and Enforcement. N.B. Application scheduled to be heard at 1000 hours.

Social Justice, Community, Safety, and Equalities

Not Applicable

3 Diamond

Committee

Licensing Sub-Committee B

That the application by Edmund Pubs Limited for a premises licence in respect of Dubella Lounge, 112-116 Boldmere Road, Sutton Coldfield, B73 5UB be granted subject to the following conditions to promote the prevention of public nuisance objective in the Act: A. Alcohol and Regulated Entertainment The hours for the supply of alcohol and provision of regulated entertainment shall apply as follows: 07.00am – 12.01am (Sunday to Thursday) and 07.00am to 01.00am (Friday and Saturday) B. Late night refreshment The hours for the provision of late night refreshment shall apply as follows: 11.00pm – 12.01am (Sunday to Thursday) 11.00pm – 01.00am (Friday and Saturday) C. Opening hours The premises to remain open to the public as follows: 07.00am – 12.30am (Sunday to Thursday) 07.00am – 01.30am (Friday and Saturday) D. Other conditions Other dates and times as specified in the application form. E. Doors and Windows External doors and windows shall be kept closed, other than for access and egress, whenever regulated entertainment is provided (i.e. music levels that require customers to raise voices). F. Register of Noise Complaints The DPS shall maintain a register of noise complaints and actions taken to address them. The register shall be kept at the premises and made available to an officer of a Responsible Authority upon request. G. Telephone Number The DPS shall maintain a telephone number that can be used by local residents to make complaint directly to the premises. H. Regulated Entertainment Regulated entertainment shall cease automatically when the fire exit to Boldmere Road is opened. I. Noise limiter Device A cut out sound limiter device shall be installed at the premises. The Sub-Committee's reasons for imposing these conditions as agreed between the applicant and Environmental Health (from E to I) are due to the submissions made by the legal representative for the applicant regarding the history, location and management of the current operation of the premises. The concerns of the other persons were taken into account but considered by the Sub-Committee that the imposition of the agreed conditions together with those specified in the operating schedule would allay their apprehension about an increase in noise nuisance in a residential area. It was noted that the applicant had operated until the early hours of the morning under Temporary Event Notices without complaint from the Responsible Authorities with the exception of 1 that arose from an oversight by the premises management failing to close the bi-folding doors at 9.00pm. The Sub-Committee carefully considered the operating schedule put forward by the applicant and the likely impact of the application but did not accept that there was evidence of a significant public nuisance arising from the current and proposed operation of the premises. The Sub-Committee considers the conditions imposed to be appropriate, reasonable and proportionate to address concerns raised. In reaching this decision, the Sub-Committee has given due consideration to the City Council’s Statement of Licensing Policy, the Guidance issued under Section 182 of the Licensing Act 2003 by the Secretary of State, the information in the application, the written representations received and the submissions made at the hearing by the applicant and their legal adviser. 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.

No

No

No

No

That the application by Edmund Pubs Limited for a premises licence in respect of Dubella Lounge, 112-116 Boldmere Road, Sutton Coldfield, B73 5UB be granted subject to the following conditions to promote the prevention of public nuisance objective in the Act: A. Alcohol and Regulated Entertainment The hours for the supply of alcohol and provision of regulated entertainment shall apply as follows: 07.00am – 12.01am (Sunday to Thursday) and 07.00am to 01.00am (Friday and Saturday) B. Late