To consider an application for a premises licence in respect of ‘Arte’, 48-50 St Owens Street, Hereford, HR1 2PU.

The Regulatory Sub-Committee was convened in order to determine an application for a new premises licence in respect of Arte, Hereford. The application was submitted in accordance with Section 51 of the Licensing Act 2003.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and asked if any party required an extension to the 10 minute time limit for public speaking, no extensions were requested.

The Licensing Officer advised members that the applicant had requested an amendment to the hours for licensable activity as set out below:

Monday – Thursday    All regulated entertainment     1100 – 2300

                                    Supply of Alcohol                    1100 – 0000

Friday - Saturday        All regulated entertainment     1100 – 0000

                                    Supply of Alcohol                    1100 – 0100

Sunday                        All regulated entertainment     1200 – 2300

                                    Supply of Alcohol                    1200 – 2300

He added that the applicant had not included the request for non-standard hours in the advertisement and these could therefore not be considered by the sub-committee.

Councillor JD Woodward noted that the applicant had not included any ‘drinking up time’ in the application. The Licensing Officer confirmed that opening times were not a licensable activity but added that members may wish to consider adding 30 minutes to the hours of opening for the sake of clarity.

In response to a question from Mr Branczik, the Licensing Officer confirmed that the requested hours covered the entire premises.

Mr Branczik read out a letter from Mr Williams who was not present at the meeting. The letter praised the current management regime but raised concerns in respect of issues that could arise if the premise was sold.

In response to a question from Councillor A Seldon, the Senior Litigator confirmed that the application had to be determined on its merits and that any future concerns could be addressed through the review process. The Licensing Officer added that it was imperative that members consider the evidence available at present and not any possible future concerns.

Mr Branczik, one of the local residents who had made a valid representation in respect of the application, addressed the sub-committee. He noted that there had been a vast improvement in the management of the premises since the current regime took charge. He noted that the application was primarily submitted to combine the two existing licenses on the premise. He voiced his concerns in respect of noise emanating from the upper areas of the premise if it was to be used for live or recorded music. He noted the comments from the Environmental Protection Manager and requested that members follow his recommendation.

Mr Higton, Chair of the Local Resident’s Association, confirmed that the majority of local residents canvassed in respect of the application were in support. He felt that limiting licensable activities to the St Owens Street side of the upper area would be beneficial to local residents.

Ms Cottinger also addressed the sub-committee. She had concerns in respect of future issues on the site if it was sold. She also felt that the music should be restricted to the St Owens Street side of the building.

Mr Shaw, the applicant, addressed the sub-committee in support of his application. He noted that there had only been 3 objections to this application which was considerably less than when the previous premise application came before the committee. He advised members that Arte was one of the top restaurants in Hereford as rated on Tripadvisor.com. He confirmed that work had been undertaken on the site in order to address the concerns of the local residents, these included double glazing, and new doors. Mr Shaw advised members that the application was a result of a wish to combine the existing two premises licence as well as a desire to offer wedding parties and other evening functions.

Mr Thompson, a member of staff for Arte who resided at the premises addressed the sub-committee to confirm that he supported the application. He felt that the improved soundproofing and double glazing had reduced any possible noise disturbances from the premises.

Mr Shaw, the applicant, confirmed that he had stated at a public meeting that the music in the upstairs area would only take place in the St Owen’s Street side of the building. He said he still intended to do this for functions with less than 100 people attending, if there was to be more than 100 guests then this would not be possible.

In response to a question from Mr Branczik, Mr Shaw confirmed that the carpet would remain in the upstairs area.

The Sub-Committee retired to make their decision, the Senior Litigator and the Democratic Services Officer also retired to assist them with procedural matters.

RESOLVED

That the application for a new premises licence in respect of Arte be approved subject to the conditions detailed in the attached decision notice.