Agenda Item 2 To: Licensing & Gambling Acts Casework Sub-Committee Date: 26 May 2015 Item No: 2 Report of: Head of Environmental Development Title of Report: Holly Bush Property Ltd – Application for a New Premises Licence: The Holly Bush Inn, 106 Bridge Street, Oxford, OX2 0BD Application Ref: 15/01192/PREM Summary and Recommendations Purpose of report: To inform the determination of Holly Bush Property Ltd’s application for a New Premises Licence for The Holly Bush Inn, 106 Bridge Street, Oxford, OX2 0BD Report Approved by: Legal: Daniel Smith Policy Framework: Statement of Licensing Policy Recommendation(s): Committee is requested to determine Holly Bush Property Ltd’s application taking into account the details in this report and any representations made at this Sub- Committee meeting. Additional Papers: Appendix One: Application for a New Premises Licence Appendix Two: Representations from Responsible Authorities Appendix Three: Agreement of Applicant to Licensing Authority & Thames Valley Police proposed hours Appendix Four: Agreement of Applicant to Licensing Authority & Thames Valley Police proposed conditions Appendix Five: Representations from Interested Parties Appendix Six: Location Map 31 1 Introduction 1. This report is made to the Licensing & Gambling Acts Casework Sub- Committee so it may determine in accordance with its powers and the Licensing Act 2003 whether to grant a New Premises Licence to Holly Bush Property Ltd. Application Summary 2. An application for a New Premises Licence has been submitted by Holly Bush Property Ltd. A summary of the licensable activities applied for and the times proposed for these activities can be found detailed below. Films (indoors only): Sunday – Thursday 10:00 Until 00:00 Friday - Saturday 10:00 Until 03:00 Notable Days* 10:00 Until 03:00 New Year’s Eve 10:00 Until 10:00 on New Year’s Day May Day 10:00 Until 10:00 on 2nd May Live Music (indoors only): Sunday – Thursday 18:00 Until 23:00 Friday - Saturday 18:00 Until 00:00 Notable Days* 10:00 Until 03:00 New Year’s Eve 10:00 Until 10:00 on New Year’s Day May Day 10:00 Until 10:00 on 2nd May Recorded Music (indoors only): Monday – Saturday 10:00 Until Midnight Sunday 10:00 Until 23:00 Notable Days* 10:00 Until03:00 New Year’s Eve 10:00 Until 10:00 on New Year’s Day May Day 10:00 Until 10:00 on 2nd May Late Night Refreshment (provided indoors only): Sunday – Thursday 23:00 Until Midnight Friday – Saturday 23:00 Until 03:00 Notable Days* 23:00 Until03:00 New Year’s Eve 23:00 Until 05:00 on New Year’s Day May Day 23:00 Until 05:00 on 2nd May Sale of Alcohol (on sales only): Sunday – Thursday 10:00 Until Midnight Friday – Saturday 10:00 Until 03:00 Notable Days* 10:00 Until03:00 New Year’s Eve 10:00 Until 10:00 on New Year’s Day May Day 10:00 Until 10:00 on 2nd May *Notable Days: Christmas Eve, Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter32 Monday. 2 3. Both the application and the steps that the applicant intends to take to promote the licensing objectives (as set out in the operating schedule) can be found at Appendix One. Relevant Representations 4. Valid representations have been received from the Responsible Authorities as detailed in the table below. Copies of these representations are attached at Appendix Two. Responsible Authority Response Licensing Objective(s) Crime & Disorder, Public Licensing Authority: Yes Nuisance, Protection of Children from Harm Thames Valley Police: Yes Crime & Disorder Fire & Rescue Service: No Representation Environmental Health: No Representation Health and Safety: No Representation Planning: No Representation Trading Standards: No Representation Child Safeguarding: No Representation 5. Following receipt of the representations from both the Licensing Authority and Thames Valley Police and lengthy dialogue with the Licensing Authority, the applicant has agreed to amend the application, and the details of the amended hours are detailed below (a copy of the applicants agreement to the hours proposed by the Responsible Authorities is attached at Appendix Three): Films, Live Music, Recorded Music (indoors only): Sunday – Thursday 10:00 Until 23:30 Friday - Saturday 10:00 Until 00:00 Notable Days* 10:00 Until02:00 New Year’s Eve 10:00 Until 10:00 New Year’s Day On 12 occasions per calendar year** 10:00 Until 02:00 Late Night Refreshment (provided indoors only): Sunday – Thursday 23:00 Until 23:30 Friday – Saturday 23:00 Until 00:00 Notable Days* 23:00 Until02:00 New Year’s Eve 23:00 Until 05:00 New Year’s Day On 12 occasions per calendar year** 10:00 Until 02:00 Sale of Alcohol (on sales only): Sunday – Thursday 10:00 Until 23:30 Friday – Saturday 10:00 Until 00:00 Notable Days* 10:00 Until02:00 New Year’s Eve 10:00 Until 10:00 New Year’s Day On 12 occasions per calendar year** 10:00 Until 02:00 33 3 *Notable Days: Xmas Eve, Boxing Day, all Bank Holidays that fall on a Friday, the Saturdays and Sundays that immediately follow a Bank Holiday that falls on a Friday or immediately precede a Bank Holiday that falls on a Monday. **12 Occasions per Calendar Year: But not exceeding one occasion per calendar month, and subject to the premises licence holder providing notification 14days in advance to the Licensing Authority, Thames Valley Police and the Environmental Health Service 6. Furthermore, the applicant has agreed to the implementation of all of the conditions proposed by the Licensing Authority and Thames Valley Police as attached at Appendix Four, in place of any of the conditions proposed by himself within the Operating Schedule of the application. 7. Such an agreement to the hours and conditions proposed by the Licensing Authority and Thames Valley Police has satisfied the objections both Responsible Authorities had raised. The Environmental Health Officer was satisfied that the conditions proposed by the Licensing Authority satisfied any concerns that Responsible Authority may have held. 8. Valid representations have been received from various Interested Parties as detailed in the table below. Copies of these representations are attached at Appendix Five. Name Address Licensing Objective(s) 1 Bridge Street, Tony Roberts Public Nuisance Oxford 69 Bridge Crime & Disorder, Public Robert Summers Street, Oxford Nuisance Crime & Disorder, Public Jude Carroll Not Supplied Nuisance 112 Bridge Noel & Pauline Martin Public Nuisance Street, Oxford Address Crime & Disorder, Public Name Withheld Withheld Nuisance 34 Abbey Road, Crime & Disorder, Public Sophie Law Oxford Nuisance 2 West Street, Crime & Disorder, Public Julia Hamilton Oxford Nuisance 3 West Street, Miranda Jones Public Nuisance Oxford Silke Ackerman & 4 North Street, Crime & Disorder, Public Hans Peter Gloeckner Oxford Nuisance Councillor Susanna Crime & Disorder, Public Ward Member Pressel Nuisance Muriel & Archibald 80 Bridge Crime & Disorder, Public Hendry Street, Oxford Nuisance Crime & Disorder, Public Nuisance, Public Safety, Jill Moss Not Supplied Protection of Children from Harm 34 4 West Street, Public Nuisance, Public Jon Cox Oxford Safety 7 West Street, Crime & Disorder, Public Shelby Tucker Oxford Nuisance, Public Safety 1 East Street, Joanna F. Muller Public Nuisance Oxford 7 West Street, Public Nuisance, Public Carole Tucker Oxford Safety 104 Bridge Crime & Disorder, Public Dr Ravi Vaidyanathan Street, Oxford Nuisance 30 East Street, Crime & Disorder, Public Simon Stubbings Oxford Nuisance, Public Safety West Street, Simon Pressey Public Nuisance Oxford 104 Bridge Crime & Disorder, Public Dr Uttara Natarajan Street, Oxford Nuisance Crime & Disorder, Public 73 Bridge Nuisance, Public Safety, Dr Garrett M Morris Street, Oxford Protection of Children from Harm 73 Bridge Crime & Disorder, Public Robert Mealing Street, Oxford Nuisance, Public Safety Address Not Public Nuisance, Public Susan Lloyd Supplied Safety Address Not Public Nuisance, Public Sylvia Hunt Supplied Safety Barbara & David 63 West Street, Public Nuisance, Public Hammond Oxford Safety 23 West Street, Crime & Disorder, Public Peter Newell Oxford Nuisance Jocelyn Wogan-Browne 16 South Street, Crime & Disorder, Public & Howard Robinson Oxford Nuisance 83 Bridge Crime & Disorder, Public Anna Truelove Street, Oxford Nuisance 84 Bridge Crime & Disorder, Public Dave Horner Street, Oxford Nuisance Simon Collings & Jane 26 South Street, Crime & Disorder, Public Buekett Oxford Nuisance, Public Safety Bridge Street, Crime & Disorder, Public John Gardiner Oxford Nuisance 64 West Street, Crime & Disorder, Public David Claridge Oxford Nuisance 1 Swan Street, Crime & Disorder, Public Hartmut Mayer Oxford Nuisance 8 Swan Street, Frances Riches Public Nuisance Oxford West Street, Crime & Disorder, Public Roger Keys Oxford Nuisance 35 5 Location 9. A map is attached at Appendix Six showing the general location of the applicant’s premises, and the proximity to the premises of those who have raised objections to the application. Statement of Licensing Policy 10. The Sub-Committee is referred to the Council’s Statement of Licensing Policy*. In particular, the following paragraphs have a bearing upon the application: Relevant Policy Matters Sections Policy 7.5.1 to 7.5.2 PP1 7.5.16 to 7.5.19 PP10 8.3.1 OS7 Crime and Disorder: 8.4.1 to 8.4.4 OS8 8.6.1 to 8.6.3 OS10 8.7.1 to 8.7.2 OS11 7.5.22 to 7.5.24 PP13 Public Safety: 8.2.1 to 8.2.3 OS2 to OS6 Public Nuisance: 7.3.1 to 7.3.10 LA4 to LA6 6.1.1 to 6.2.2 CH1 to CH4 Protection of Children from Harm: 6.3.1 to 6.3.3 CH6 to CH9 5.1.1 LH3 Licensing Hours: 5.2.1 LH4 to LH5 5.3.1 to 5.4.2 LH6 to LH7 11.