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Agenda item

Application for New Premises Licence

Summary      

To determine an application for a New Premises Licence made by La Galleria Wine Bar, High Street, Chipping Campden, Gloucestershire GL55 6AG

 

Recommendation

That the Licensing Sub-Committee is asked, in light of the representations received, to consider the application and determine whether to:-

  • grant the application as requested.
  • grant the application subject to such conditions that are necessary to promote the licensing objectives.
  • refuse the application in whole or in part where it is necessary in order to promote the licensing objectives.

 

 

Minutes:

The Subcommittee considered an application for a new premises alcohol licence for La Galleria Aperitivo, High Street, Chipping Campden. The application sought permission for the sale of alcohol between the hours of 11:00am and 11:00pm.

The Licensing Officer introduced the report and advised Members that no representations had been received from any Responsible Authority. The Environmental Health/Regulatory Services team had raised no objection to the application and Chipping Campden Parish Council had withdrawn its initial objections now remained neutral. Two representations had been received from local residents, and these were included within the agenda pack. The Subcommittee was reminded of the options available to it under the Licensing Act 2003 and of its duty to determine the application with regard to the licensing objectives.

The applicant's legal representative addressed the Subcommittee and explained that the proposed premises would operate as a small food-led wine bar, accommodating approximately 20 to 22 covers. Members were informed that the applicant already operated a licensed premises nearby in Chipping Campden and had done so without complaint. It was emphasised that the proposal was not intended to operate as a traditional wine bar, but rather as an intimate food-led establishment focused on small plates and wine. The representative noted that no regulated entertainment, live music or recorded music formed part of the application. The applicant's representative further advised that the requested hours were intended to provide flexibility rather than indicate anticipated daily trading hours and highlighted a number of measures proposed to promote the licensing objectives, including the installation of CCTV, staff training, operation of a Challenge 25 policy and the display of notices requesting customers to leave the premises quietly. Reference was also made to soundproofing works undertaken within the premises. Members requested clarification on the proposed condition relating to the availability of food until one hour before closing and considered its enforceability.  They also discussed the food-led nature of the business, the proposed operating hours, nearby licensed premises, and the soundproofing measures reportedly installed as part of the refurbishment works.

The Subcommittee then heard from Mr Bennett, who spoke on behalf of the occupants of a neighbouring property. The speaker raised concerns regarding the narrow passageway identified in the application as providing the fire escape route. Concerns were expressed regarding the potential for noise disturbance arising from the operation of the premises, particularly given the proximity of neighbouring residential properties. The speaker also raised concerns regarding the narrow passageway identified in the application as providing a fire escape route. Officers advised the Subcommittee that issues relating to the ownership of this alley and the associated fire safety regulations fell outside the scope of the licensing regime and were therefore not matters for consideration. The Subcommittee also heard from Mrs Chinnery, who expressed concerns regarding the potential impact of noise on residents. These concerns related to customers arriving at and leaving the premises, the possible use of outdoor areas by staff, and customers smoking outside the premises. Concern was also expressed that, should the licence be granted as applied for, the premises could trade until 11:00pm on a regular basis, potentially affecting what they described as a largely quiet and residential part of the High Street during the evening.

In their closing statement, the applicant's representative submitted that there was no evidential basis to conclude that the grant of the licence would undermine the licensing objectives. They highlighted that no Responsible Authority had objected to the application and emphasised that the proposal should be considered solely on licensing grounds rather than planning considerations. They submitted that the appropriate and proportionate outcome would be to grant the application subject to the measures proposed by the applicant.

During private deliberation, the Members of the Subcommittee carefully considered the application, the written and oral representations received, the Council's Statement of Licensing Policy and the provisions of the Licensing Act 2003. Whilst acknowledging the concerns raised by local residents, Members noted that no Responsible Authority had objected to the proposal and were satisfied that the conditions offered by the applicant were appropriate and proportionate to uphold the licensing objectives.

 

RESOLVED:

That the application for a new Premises Licence in respect of La Galleria Aperitivo be granted as applied for, authorising the sale of alcohol for consumption on and off the premises between 11:00am and 11:00pm, subject to the mandatory conditions prescribed by the Licensing Act and conditions 1 to 4 offered by the applicant.

The parties were advised of their rights of appeal under the Licensing Act 2003 and of the provisions under the Act for seeking a review of the Premises Licence should concerns arise in the future.

 

Supporting documents:

 

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