To consider an application for a grant of a premise licence in respect of The Den Tapas Bar, 15 Bridge Street, Hereford. HR4 9DFunder the Licensing Act 2003.

Members of the licensing sub-committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda, the supplement published on 13 July 2021 and the background papers.

The technical licensing officer presented the report.

The sub-committee heard from the public representations who highlighted the following:

·        The main issues was the noise nuisance.  The residents of nearby properties were entitled to be protected against statutory noise nuisance.   The noise should not be audible or discernible.

·        There was concern about the extension of the time as it would be an additional hour later when people would leave. 

·        Due to the proximity of some of the properties, there was constant disturbance by music.

·        The applicant had not consulted directly with residents even though they were very close.

·        It would mean the serving of more alcohol in an area where there were a number of premises with licences.

·        One property was adjacent to the premises and the CCTV would cover that back door but there were already issues at the resident’s property.

·        When the staff leave, they are noisy and hung around.

·        There was experience of loud music, slamming doors, yelling patrons

·        There had been attempts to address issues with staff and the management of the premises but these had not be resolved had had gotten worse.

·        All these issues will transfer to the adjacent property.

·        The premises claim to close at 10.00 pm but there was knocking on windows at 4.00 am and 6.00 am and it will only become worse.

The sub-committee then heard from the applicant who highlighted:

·        This was an application for a new premises licence

·        The applicant was The Den Limited who operated an established business next to the new premises.

·        The applicant was taking on an additional business and would trade as a smaller separate business

·        The new business will aid the economic recovery in a sector which had been badly affected by Covid-19.

·        The two businesses would be separate and the tapas would be passed through a serving hatch which connected to the premises.

·        There was no passage between the two business for staff or patrons.

·        This was a new application and need to be judged on its own merits.

·        No responsible authorities had made a representation.

·        The concerns raised about the Den had been noted

·        The premises would have no regulated entertainment or outside area.

·        A new experienced manager had now been appointed to run both the Den and the new premises which would be called Cora Restaurant.

·        The Den’s furniture would be put away and they will cordon off their outside area to deter unauthorised use

·        CCTV will be fitted.

·        The new designated premises supervisor would be happy to work with the residents to resolve issues.

·        No evidence had been supplied and the concerns were based on fear and speculation.

·        This would be a dining in operation only

·        The applicant would be willing to work to cover the front door adjacent to the premises but there needed to be consideration of the resident’s right to privacy

Following questions from the sub committee, the following was confirmed that the applicant would like to maintain a good relationship with the residents and would make themselves available. 

The committee carefully considered all the representations, reports and evidence before them today. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire Council’s Statement of Licensing Policy 2020 - 2025.