Decision Details

Decision Proposed

Licensing Act 2003 Premises Licence – Grant Cloud Nine, 76 Gooch Street North, Birmingham, B5 6QU

No

002002/2016

Yes

Report of the Acting Director of Regulation and Enforcement.

 

N.B. Application scheduled to be heard at 10:00am on Tuesday 21 June 2016.

Tue 21 Jun 2016

To consider the representations that have been made and to determine the application.

Social Justice, Community, Safety, and Equalities

Not Applicable

3 Diamond

Committee

Licensing Sub-Committee B

That the application by Mr Mohammed Malik for a premises licence in respect of Cloud Nine, 76 Gooch Street North, Birmingham B5 6QU 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. The conditions that have been agreed with the Licensing Enforcement Department of Birmingham City Council, as detailed in email correspondence from 27th May 2016 onwards between Mr Mohammed Malik and the Licensing Enforcement Officer Doug Wright. (West Midlands Police have withdrawn their representations based on the conditions as agreed between the applicant and Licensing Enforcement):- The Sub-Committee's reasons for imposing these conditions are due to the submissions made by West Midlands Police and Licensing Enforcement regarding the location and impact of the proposed operation of the premises. 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 or risk to crime and disorder arising from the proposed operation of the premises. However the concerns of the responsible authority were taken into account by imposing suitable conditions that would allay their apprehension about the potential for public nuisance and crime & disorder from arising in connection with the proposed operation of the premises. The Sub-Committee considers the conditions imposed to be appropriate, reasonable and proportionate to address concerns raised. The Sub-Committee carefully considered representations put forward by Birmingham City Council Planning Department, but in the absence of a representation by Environmental Health or any local residents, they were not persuaded on the balance of probabilities that there was a significant risk of public nuisance arising from the proposed operation of the premises. In addition to the above conditions, those matters detailed in the operating schedule 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 and those making representations in writing. 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