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2. Licensing PARISH of ST BRELADE PARISH ASSEMBLY Minu 34 PARISH OF ST BRELADE PARISH ASSEMBLY Minutes of an Assembly of Principals and Electors of the Parish of St Brelade held at the Parish Hall, St Aubin, St Brelade on Wednesday 21 October 2015 commencing at 19.00 hours. President of Connétable, Mr Steve Pallett, presided. Assembly: Convening The Convening Notice was read by the Parish Secretary. Notice: 1. Minutes of The minutes of the previous Assembly of Principals and Electors of the Parish of Previous St Brelade held on Wednesday 19 August 2015, were adopted, and signed Assembly: following a proposition by Miss Susan Fox which was seconded by Mr Richard Haycock. 2. Licensing In accordance with Article 5 (1) of the Licensing (Jersey) Law, 1974, as amended, the following application was considered for recommendation to the Licensing Assembly: Name: Seafish St Aubin Ltd Secretary: Paul Coleshill rd Categories: 3 Category (Restaurant) Business Address: Seafish The Bulwarks St Aubin St Brelade The Connétable read excerpts from the reports received for the application explaining the location of the premises and the layout of the building. The Engineers report mentioned that the premises had been in operation for many years, the previous establishment Mash had last been inspected on 19 June 2012. The premises were in reasonable order but were likely to require more comprehensive regular maintenance than a modern building. Conversation type noise should not be a nuisance to residents in the guest accommodation although amplified music could be, the same comments apply to nearby residents, particularly as the area is more of leisure-oriented and not exclusively residential. The Fire report stated that as the premises were currently in the process of alteration, occupancy figures would be set upon completion of the works. Environmental Health were satisfied with the premises but also had no occupancy figure from the Fire Service, it was felt that the current sanitary accommodation Mins/Parish Assembly15.10.21 35 was fit for 60 persons unless the Fire Officer suggested a lower figure. The Connétable then asked Ms Georgina Cook from Mourant Ozannes to say a few words. rd Ms Cook advised that her client was applying for a 3 category restaurant license, the premises have operated as a restaurant for many years, and therefore in effect this is a transfer of the previous company’s license. The premises had nd rd nd previously held 2 & 3 category licenses the 2 category was for the residential rd part of the bed and breakfast, however Seafish are only applying for a 3 category license. Seafish have recently taken over the lease of the building and are carrying out a major refurbishment and upgrade of the premises, including the restaurant and guest rooms above. It is anticipated that there will be up to 52 covers inside the restaurant with a further 12 on the alfresco seating area, this number will be officially set following the reports from Fire and Health. The company has a sister restaurant at Liberty Wharf which serves premium fish and chips, the license is for the serving of wine and beer to be enjoyed with the food, spirits are not often requested. The operating hours will differ summer to winter, it is expected to close in the winter at 2130hrs and in the summer 2230hrs and to be open 6 days per week. The owners have experience in operating under a liquor license, they serve a high quality product in a family atmosphere and think the premises would enhance the already vibrant community. The sister restaurant has been trading now for 3yrs and has not had one complaint with regard to its license. It is proposed to go to the Licensing Assembly in December in principal prior to completion of the works. The Connetable then asked if there were any questions or comments. Mr Michael Jackson enquired into the Planning Application for a takeaway facility. He was advised that yes there was an application in but this was not relevant for this licensing application and that the company was not applying for th a 6 category license. The takeaway would, if granted, be ancillary to the main business. Mr Jackson was disappointed that there was not final occupancy numbers declared at the Assembly and asked if it was the applicant’s intention for 60 covers or less. He was advised that it was hoped that there would be at least 50 covers inside and possibly more outside but certainly not more than 60 Mr Jackson asked if it was proposed that the chose publique would remain as it is and asked why it wasn’t taken away at the beginning of the year. The Connetable advised that the Parish were not aware that the previous premises wasn’t going to open in 2015 until mid through the year, however if no chose publique was required it would be requested to have the decking removed. The Connetable further advised that he had made his concerns to the Planning Department with regard to takeaway aspect of the application concerning parking issues. The Assembly were advised that in the St Helier property customers tend to order online and collect which causes less disruption, it was also possible that they might offer delivery for takeaways. Mins/Parish Assembly15.10.21 36 Mr Michael Videgrain advised that the chose publique was a separate permit application which was considered by the Roads Committee. The Assembly were advised that the application had been submitted to the Parish for processing. The Chose Publique must be applied for every year. Centenier Michel Bougeard asked if last covers were expected to be at 2230hrs, from the proprietors experience when customers would then leave the premises. He was advised that there is generally a quick turnaround of approx. 45 min. He also asked if the takeaway would close at the same time. He was advised that the takeaway would close first at about 21.30hrs as they do not wish to have the takeaway open when pubs close. Mr Richard Haycock asked if the applicant would have Quai Bisson cleaned at end of daily operation if littering became a problem. He was advised that the clientele tend to pre-order and therefore the packaging is taken home. The applicants would however check for littering and deal with it accordingly. Mr Arthur Morley stated that the café in town he knows but in St Aubin there are several public houses and at the end of the evening people departing these establishments would like a bite to eat on the way home. He was advised that as there will be no overlap for when pubs close there shouldn’t be a mass exodus from pub to takeaway. There were no further questions or comments. Recommendation of the application to the Licensing Assembly was proposed by Mr Nigel Godfray and was seconded by Miss Kathryn Griffith. Following a vote by a show of hands the item was supported by 15 votes in favour with 0 votes against. 3. Consider The Connétable explained that following the fire to Mont de la Rocque Hotel and adopting the subsequent demolition of such, machinery used had caused damage to areas land at Mont of the road surface. As the property was due to be developed it had been agreed de la Rocque between the Parish and the owner of the development to deal with the repairs once the development was finished. Contractor and owner were contacted earlier this year to discuss repairs to the road following completion of the development. Rather than fix just the damaged areas, the Parish Roads Committee had decided to resurface the area from the entrance to the development to a few metres around the corner to the south of the entrance. The Roads Committee then asked for a sum from the owners to offset against the cost of repairs. At a site visit it was noted that a roadside wall of the development had been set back within its boundary leaving a small strip of land adjoining the Parish road but which was not under parish jurisdiction, the owner of the development and the Roads Committee agreed that the Parish should adopt this area of land and include it into the area being resurfaced. Each party have agreed to pay their own reasonable legal fees. The Connetable then asked if there were any questions. Mr Jackson asked if it was the intention to resurface the corner at St Cecilia and if the repairs to St Cecilia were finished yet. It was confirmed that this section of Mins/Parish Assembly15.10.21 37 the road was included in the resurfacing and that it was believed St Cecilia was complete. Mr Jackson advised that he believed the property on the South side on the corner next to St Cecilia has been recently sold and is also possibly to be developed. The Parish were unaware of this but would contact utility companies before carrying out the work and also would embargo the road for 3 years as is done with roads belonging to Transport and Technical Services. Mr Arthur Morley commented that the contractors had been responsible for moving the existing wall which has created strip of land which ratepayers now have to pay for when it was the developers issue, he asked how reasonable it was to pay for the legal fees. The Connétable advised that the owner had offered the money to assist in resurfacing which was generous and that there was also an opportunity to ask them for more if necessary. Mr Peter Norman asked if the Assembly could agree to this proposition subject to the resurfaced road not being dug up by the property mentioned by Mr Jackson.
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