Agenda item

Following objections received, to consider an application for a premises licence at Nepalese Cuisine, 449 London Road, Camberley, GU15 3JA

·         Annex 1 – Application for a Premises Licence and Floor Plan

·         Annex 2 – Representations from Interested Parties

The Sub Committee was informed that the hearing had been convened to decide an application for a Premises Licence at Nepalese Cuisine, 449 London Road, Camberley GU15 3JA.

It was noted that the application covered the sale of alcohol for consumption on site at the restaurant.  The Sub Committee was advised that the application had been correctly completed and had been advertised, and responsible authorities notified, in line with statutory regulations.

The Sub Committee noted the supplementary information provided by the applicant and a request from Surrey Police for additional conditions to be placed on the licence in addition to the standard licencing conditions if the Premise licence was to be granted.  The Sub Committee carefully considered all the information presented, both written and oral, from:

·         the Licensing Officer who outlined the issues;

·         the Applicant

·         Interested Parties (2)

The Sub Committee noted that two representations had been received from members of the public which made reference to noise nuisance caused by building work and music on the premises and cigarette smoke drifting into the residence above the premises.

It was noted that a licence was not required for the playing of either amplified or unamplified live music between the hours of 08:00 and 23:00 provided that the audience did not exceed 500 people nor was a licence required if recorded music was to be played as long as the music was only played between the hours of 08:00 and 23:00 and the audience did not exceed 500 people.

In reaching their decision, the Sub Committee took into consideration the representations made in relation to the prevention of public nuisance. However, it was considered that the concerns did not meet the threshold that would undermine the relevant licensing objectives.  Notwithstanding this the Sub Committee requested that the residents living in the property above the premises be provided with the appropriate contact details for the Council’s Environmental Health Team so that they would be able to raise any concerns that might arise when the premises was operational directly with the appropriate authority.

The decision making process was a matter of judgement by the Sub Committee and having weighed all the evidence provided by the interested parties and the Applicant the evidence came down clearly in favour of granting the licence.  On balance, the Sub Committee decided that granting the licence, would not have an adverse impact on the promotion of the four licensing objectives: Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance, and Protection of Children from Harm.

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RESOLVED that the application for a premises licence at Nepalese Cuisine, 449 London Road, Camberley GU15 3JA be granted subject to the imposition of the additional conditions requested by Surrey Police in addition to the standard licensing conditions.