Agenda item

To consider a report of the Licensing Officer.

The Licensing Team Leader set out the application to vary a licence of the premises known as McKenzie’s, 45 Station Road, Swanage BH19 1AD.  The applicant was seeking to supply alcohol of consumption on the premises only daily from 12:00 to 22:30.

Members were advised that in response to a representation expressing concern about public nuisance, the applicant had amended the operating schedule from 23:00 to 22:30 each day and added additional conditions.

There were no further representations received and no comments made from any other responsible authorities.

The Licensing Team Leader advised the sub-committee that this was a small operation of a restaurant serving approximately 24 covers with only 1 sitting pre-evening.

The Chairman welcomed Julie McKenzie, the applicant.  Ms McKenzie addressed the sub-committee and advised that this was a very small bistro/restaurant.  It was proposed to be able to provide fine dinning in the evenings as an alternative to eating in a public house and to be able to offer private function facilities. She indicated that signage would be installed to ask customers to leave quietly and she would be on the door to remind people to do so.

In response to a question, the applicant advised that most of the customer base were elderly people and most customers would have finished their meals by 9.30pm. The Friday and Saturday evening service had proved to be successful and this growth was important for the sustainability of this small business.

In response to further questions, members were advised that the people in the people above owned the property but the restaurant was no a 140 year lease with the previous owners. The current owners were aware of the situation prior to purchase. In respect of music, this would be background provision.

It was noted that the person who had made representations was not in attendance.

There were no other representations to be received.

The Licensing Team Leader and the applicant were given the opportunity to sum up their case.

The sub-committee adjourned to consider the application.

On returning, that Chairman advised that the Sub-committee considered carefully all of the documents presented to them and all of the oral and written representations made by all parties.  They had regard to the four Licensing Objectives, the Home Office Statutory Guidance and the Dorset Council (Purbeck) Statement of Licensing Policy. The concerns of a local resident in respect of noise, disturbance and disruption to the vicinity were taken into account. However there was insufficient evidence to find that those concerns would be realised.

Decision

To grant the variation to the premises licence as set out in the amended operating schedule and as sought by the applicant with the proposed additional conditions. 

The sub-committee agreed that the conditions were consistent with and tailored to the particular characteristics of the proposed business, as set out in the operating schedule, and were appropriate for the promotion of the licensing objectives. 

The Chairman advised that was the Sub-committee’s decision, but if a responsible authority or any other person was concerned that one or more of the licensing objectives were being undermined they may apply to the authority for a review of the licence.