Decision Details

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Details

Status:
Implemented
Title:
Licensing Act 2003 Premises Licence – Grant The Monastery, 173 – 175 Digbeth High Street, Deritend, Birmingham, B12 0LD
Include item on Forward Plan/ Key Decision
No
Reference:
002012/2016
Urgent Decision - Not in Forward Plan
Yes
Details for Agenda Sheet

Report of the Acting Director of Regulation and Enforcement.

N.B. Application scheduled to be heard at 10:00am on Wednesday 22 June 2016.

Implementation Date (not before meeting on)
Wed 22 Jun 2016
Purpose
To consider the representation that has been made and to determine the application.
Key Portfolio
Social Justice, Community, Safety, and Equalities
Decision Maker
Not Applicable
Chief Officer Decision Maker
3 Diamond
Reason For Key Decision
Relevant Documents
Decision Type:
Committee
Decision Maker:
Licensing Sub-Committee C
Directorate
Other Information
Private Reason
Decision Outcome
That the application by Soundscape Bars and Clubs Limited for a premises licence in respect of The Monastery, 173 – 175 Digbeth High Street, Deritend, Birmingham, B12 0LD BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS to promote the prevention of crime and disorder and the prevention of public nuisance objectives in the Act: A. Modification of hours – Supply of Alcohol and Regulated Entertainment The hours for the supply of alcohol and provision of regulated entertainment shall apply as follows: Sunday to Thursday 1000 hours to 0200 hours Friday and Saturday 1000 hours to 0500 hours Non Standard Hours in respect of Statutory Bank Holidays and New Year’s Eve. 1000 hours to 0500 hours B. Modification of hours – Late night refreshment The hours for the provision of late night refreshment shall apply as follows: Sunday to Thursday 2300 hours to 0200 hours Friday and Saturday 2300 hours to 0500 hours Non Standard Hours in respect of Statutory Bank Holidays and New Year’s Eve 2300 hours to 0500 hours C. Opening hours The premises to remain open to the public as follows: Sunday to Thursday 1000 hours to 0200 hours Friday and Saturday 1000 hours to 0500 hours Non Standard Hours in respect of Statutory Bank Holidays and New Year’s Eve 1000 hours to 0500 hours D. Noise limiter The premises licence holder must consult with Environmental Health of Birmingham City Council to establish the need for a noise limiter at the premises. If in the opinion of Environmental Health, a limiter is required, this must be calibrated at a level set by Environmental Health, Birmingham City Council. E. Premises Covered under the Licence The licensed premises will be restricted to the First Floor within the Plan submitted with the premises application. The Ground floor and Second floor as set out within the submitted application will not be used for any licensable activities. F. (Other conditions if offered or agreed by applicant ) The condition agreed with Environmental Health of Birmingham City Council will be amended as follows: The First floor area will not be used for Regulated Entertainment until such time as adequate mitigation measures are undertaken to a standard agreed by Birmingham City Council Environmental Health so as not to cause a public nuisance. G. Policies and Procedures BEFORE the premises undertake any licensable activities, the premises licence holder will undertake a thorough review of ALL the premises’ policies and procedures, particularly those that relate to the deployment of security personnel, incident handling, health and safety of patrons, staff, and other users of the building where the premises are located, fire safety and risk assessments of all types of events the premises intend to hold, as well as training for all staff on the promotion of the four licensing objectives. [It is a matter for the Premises Licence as to who should be engaged to carry out this review for or on behalf of the licence holder, but this should be an appropriately qualified person or organisation that has relevant experience within this field having regard to obligations set out above.] All evidence relating to the review should be retained and made available to West Midlands Police, Licensing Section, and any other Responsible Authority upon request within 48 hours. Risk Assessments for all events MUST be disclosed to West Midlands Police at least 28 days before any event, unless in the opinion of the West Midlands Police, Licensing Section, the premises hold a regular or recurring event for which there is already a robust Risk Assessment in place. West Midlands Police, Licensing Section may exercise a power of veto for any proposed event, where they are of the opinion that any of the licensing objectives have been or are likely to be breached The Sub-Committee's reasons for imposing these conditions are due to the submissions made by West Midlands Police regarding the management of the proposed operation and to a lesser extent the location of the venue, which is within close proximity of residential properties. The Sub-Committee were mindful that each application is determined on its individual merits and were careful to have regard only to those matters which related to the proposed premises and the proper promotion of the licensing objectives, as well as the matters set out below. However, they were apprehensive that West Midlands Police had expressed concerns over the suitability the Premises Licence Holder and proposed Designated Premises Supervisor (“DPS”) ability to properly promote the licensing objectives. The Sub-Committee had heard unchallenged representations from West Midlands Police that the Director of the applicant Company was closely associated with the management of another licensed premises which had been subject to Review Proceedings. During the course of these proceedings, West Midlands Police had referred to various management failings and non-compliance with licensing conditions. The Sub-Committee had been informed by West Midlands Police that they were not objecting to the Grant of the application in principle, but they did continue to hold concerns over the ability of the applicant company’s, Sole Director/Member and proposed DPS to properly promote the Licensing Objectives, unless the licence included the imposition of the conditions referred to above. In light of the concerns expressed by West Midlands Police, the Sub-Committee also considered it was appropriate to modify the hours of operation; the hours of licensable activities and the extent of the premises, as referred to above. The Sub-Committee considers the conditions imposed to be appropriate, reasonable and proportionate to address concerns raised. In addition to the above conditions, those matters detailed in the operating schedule (insofar as they are not inconsistent with the Conditions referred to above) and the relevant mandatory conditions under the Licensing Act 2003 will form part of the licence issued. 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, their legal adviser and those making representations. 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.
Is the Decision Maker Aware of the Decision:
No
Is the Head of Services Aware of the Decision:
No
Is Decision County Wide:
No
Would the recommended decision be contrary to the budget and policy framework:
No
Decision Options:

Additional Information

Reg 10
Reg 11

Decision Criteria

This Decision does not contain any decision criteria records.

Wards

(OLD) Nechells

Topics

This Decision does not contain any Topic records

Overview and Scrutiny

This Decision does not contain any Overview and Scrutiny records.

This section displays the history of the Decision.

Decision History

Date & Time CreatedUser Full NameStatus DescriptionDetails
1
 Page 1 of 1, items 1 to 9 of 9.
09/06/2016 14:42:36Bhapinder NandhraBusiness Item Created 
09/06/2016 14:42:36Bhapinder NandhraCommittee AddedLicensing Sub-Committee C
09/06/2016 14:42:37Bhapinder NandhraMeeting Added22/06/2016 10:00AM
09/06/2016 14:42:45Bhapinder NandhraStatus ChangedDecision Proposed [2]
09/06/2016 14:43:05Bhapinder NandhraWard AddedNechells
09/06/2016 14:43:40Bhapinder NandhraReport AddedDocument ID 103455: The Monastery
09/06/2016 14:44:22Bhapinder NandhraContacts Edited 
29/06/2016 16:25:06Gwin Pountney Status ChangedImplemented [7]
29/06/2016 16:35:10Gwin Pountney General Details Edited 

Approval/Comments

No history found.