Agenda item - The Gallery Bistro, 116 Church Road, Hove

Report of the Assistant Director of Public Safety (copy attached).

83.1       The Panel considered an application for a new premises licence under the Licensing Act 2003 for the Gallery Bistro, 116 Church Road, Hove (for copy see minute book).

83.2       Mr Simmons was present to represent and speak on behalf of the applicant, Miss Armstrong.

83.3       Mr Kellner spoke as and on behalf of neighbouring objectors.

83.4       Mr Whitelegg, Senior Environmental Health Officer explained that the premises did not fall within the Cumulative Impact Area and that the objections of the Environmental Protection Team had been withdrawn.

83.5       Mr Kellner stated that he lived with his brother and mother in a flat adjacent located to the side and above the premises. They had no objections to the manner in which the premises operated currently, but had concerns regarding potential penetration of noise and fumes late at night arising from patrons using the recessed undercover entrance doorway to their flat.

83.6       This recessed area was often used during the daytime as a refuge to smoke without being exposed to the elements by staff from the office located at 115 Church Road. Any south westerly prevailing wind blew the smoke directly into their flat. He had grave concerns that a greater nuisance would result from this area being used for the same purpose late at night, particularly as he did not believe that the bistro had an outside area which could be used for this purpose.

83.7       Mr Simmons explained that the premises would operate as a café bar rather than as drinking establishment with waitress service to tables. Drink would be provided with food and no drinking would be provided to those using the outside seating area to dine. Background music would be provided at what was predominantly an eating establishment. The premises would be rigorously controlled as would any noise levels emanating from it and from those leaving at the end notices would be posted inside indicating the controls placed on the premises.

83.8       The Solicitor to the Panel advised that in the event that the applicant wished to lodge an appeal that would need to be made to the Magistrate’s Court, Edward Street, Brighton within 21 days of deemed delivery of the Decision letter.

83.9       The Panel decided to grant the application as applied for with the conditions on the operating schedule and those agreed with the Environmental Health Team.

83.10    The Panel noted that the application was made for inside the premises only and that there would be no alcohol sold or consumed in the outside area. They also noted that the premises would operate with café bar conditions so there would be no vertical drinking.

83.11    RESOLVED – That the application applied for be granted with the operating conditions attached to the operating schedule and those agreed with the Environmental Health Team. The Panel put the following additional condition on the licence:

              1. All tables and chairs in the outside area to be removed and put out of use after 23.00 hours each day.

              The Panel felt the conditions would promote the licensing objectives, and added that should the residents become aware of any problems associated with the premises and the management failed to deal with them then they could contact the Licensing Authority for a possible review of the licence.