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The Sub-Committee received report ES/2230 of the Licensing Officer, which related to an application for a new premises licence at Bonds Felixstowe Ltd, 129 Undercliff Road West, Felixstowe IP11 2AQ.
The Chair invited the Licensing Officer to summarise the report.
The Sub-Committee was advised of the details of the application and that a hearing had been convened as four relevant representations had been received which were against the application. The Licensing Officer noted that there had been no objections to the application from any of the responsible authorities consulted.
The Sub-Committee was advised that the proposed opening hours were Monday to Thursday 11:00 to 23:00, Friday and Saturday 11:00 to 00:00 and Sunday 12:00 to 22:30. The licensable activities were for alcohol – on and off sales, live and recorded music and late-night refreshments with the proposed timings laid out in the report.
The Licensing Officer told the Sub-Committee that the applicant was unable to attend the hearing due to work commitments and that they had been provided with a copy of the representations. The Licensing Officer asked the Sub-Committee to consider the information in Appendix D and the later correspondence received following the applicant’s conversations with Environmental Protection.
The Sub-Committee was informed that when taking its decision, it was required to consider the guidance issued under Section 182 of the Licensing Act 2003, the Council's current Statement of Licensing Policy and the Human Rights Act 1998, giving full reasons should it have reason to depart from these points. The Sub-Committee was asked to determine the application by either:
- Granting the application subject to any mandatory conditions and to those consistent with the application.
- Granting the application subject to the same conditions but modified to such extent as the Sub-Committee considers appropriate for the promotion of the licensing objectives.
- Rejecting the application. The Sub-Committee was asked to state its reasons when announcing its decision. The Chair invited questions to the Licensing Officer.
The Sub-Committee was asked to state its reasons when announcing its decision.
The Chair invited questions to the Licensing Officer.
The Licensing Officer replied to the Chair as follows:
It was confirmed that in the submission to police and fire there was no capacity mentioned for the proposed venue.
There had previously been a premises licence sub-committee where the applicant wasn’t present. In this case the applicant was unable to turn up due to work commitments.
The history of the previous licences held at the venue were outlined to the Sub-Committee, the Licensing Officer confirmed the licensable activity going back to pre-2005 and confirmed that the licensable activities had remained almost the same throughout that time. There had been a review of the licence in 2012 where the hours were slightly reduced, and since that time the hours had remained the same until the licence was surrendered a few weeks prior.
The Licensing Officer confirmed that the opening hours previously were Sunday to Wednesday 09:00 to 11:30, and Thursday to Saturday 09:00 to 00:00. The alcohol on and off sales hours were Sunday to Wednesday until 23:00 and Thursday to Saturday until 23:30. Therefore what was being asked for amounted to approximately half an hour difference to those hours previously in place for many years.
In response to Councillor Smith- Lyte, the Licensing Officer confirmed that the premises wasn’t known as a music venue but had recorded and live music on its licence.
Councillor Reeves asked if any complaints had been received regarding noise and disorder previously. The Licensing Officer confirmed they had checked back and there had been nothing on record, since the review in 2012.
Councillor Smith-Lyte queried the potential discrepancy between the latest correspondence and the application. The application stated music every night, but the latest correspondence suggested only Saturday nights. The Licensing Officer confirmed that the application asked for live and recorded music and the clarified that it was on the previous licence.
In response to the Chair, the Licensing Officer noted that Steak Lobster was more of a restaurant, whereas previous venues may have had music in the past.
The Chair asked if it was considered inappropriate to have off sales, noting that people may buy alcohol last minute and consume in the surrounding area. The Senior Licensing Officer noted the same concerns were raised with off licence/convenience store applications and that it rarely came to anything. Whilst the Committee could consider this, there had been on and off sales at that premises for some considerable time.
Councillor Reeves referred to the latest correspondence (6 January 2025) from the applicant, where they had mentioned wanting to help local singers and bands on a Saturday. He asked if this could be agreed to, and it would not affect their ability to have recorded music on the other days. The Licensing Officer confirmed that was correct as recorded music is permitted in line with the hours for sales of alcohol.
Councillor Wilson noted that the door was of concern and asked if it was possible to put a condition on the use of the door during licensed hours. The Licensing Officer confirmed that this was possible and that the owner had reminded staff to not use that entrance/exit.
Councillor Wilson asked about noise checks and whether there could be a condition regarding a decibel monitor. The Licensing Officer confirmed there could be a condition to make checks on noise. She added that Environmental Protection were more concerned with the effects on the neighbouring residents as opposed to a limiter. The Licensing Officer confirmed that the reason Environmental Protection were not in attendance was because they didn’t make a representation. Councillor Wilson noted the benefit of a limiter was that it meant the venue had to think about the noise and go outside and listen, it provided a management solution.
The Licensing Officer confirmed there could be a condition regarding smoking area, times of use and checks. She added that at the nearby Cork Bar, there was a condition which meant the balcony was only allowed to be used by smokers after 8pm. At Bonds, the applicant has suggested that the smoking area could only be used by smokers from 10.30pm.
It was considered that smokers do have to go somewhere. Councillor Reeves asked if there could be a condition to put in place a receptacle for cigarette ends, and it was confirmed there could be.
Councillor Wilson asked if it was possible to implement a condition to state that someone in the venue has a phone that can be contacted by local residents at any time, and it was confirmed there could be this condition.
The Objector noted that there were two fire exits, but one wasn’t shown on the plan. The Sub-Committee reviewed the plan and noted all exits and their proximity to the objectors’ properties. The Licensing Officer stated they would work with the applicant to ensure that the plan was updated, and this wouldn’t affect the determination of the licence.
In response to the Objectors’ concern regarding the fire exit being open. The Licensing Officer said this was not Mr Taylor’s responsibility as it occurred in the Summer prior to him taking over the licence.
Councillor Wilson asked if there was a standard drinking up time and the Licensing Officer confirmed that under the current regime there was no standard drinking up time. 20 minutes to half an hour could be considered but it was not a requirement.
The Chair invited the objectors to make their representations.
The first objector spoke on behalf of himself and his wife and read through their representation that was included as Appendix C of the report. He noted that he had seen advertising of events from 21:00 to 00:00 with entertainers/karaoke etc and asked why they don’t finish earlier at 23:00.
When questioned by the Chair, the Objector confirmed that Bonds were not advertising for events in the future, the advertising had ceased.
The second objector made his representation. He told the Sub-Committee that his property was in close proximity to Bonds (approximately 20ft), and he felt the activity there was reminiscent of a previous bar/nightclub known as Jays back in 2012. He was concerned it would come with the same problems and become a late-night disco and drinking bar disguised as restaurant.
He acknowledged that Bonds were not the only nearby premises, but they were the closest to the residential dwelling and the structure of the building offered no noise restriction. The doors closers locked in the open position and unless someone closed them, they remained open. The building has no air conditioning, and the rear doors were left open for ventilation which is very intrusive. He stated as the new application was asking for live and recorded music as well as late night refreshments until midnight, they could assume the outside area would not vacate 00:30 or later. He was concerned about the noise escalating and the lack of sleep, impacting detrimentally on his business.
He stated in the summer they would not be able to have the windows open in their home. It was not acceptable so close to their apartment, especially as they had two elderly vulnerable people living in the same building.
He noted that previously the premises was a restaurant not operating to the full licensed hours, therefore not causing many problems. He would like to see the licence to be reduced to close at 23:00.
He referred to the Licensing Review of Jay’s Bar in 2012 which resulted in conditions of external area not to be used after 23:00 and security staff employed from 20:00 onwards. Environmental Protection had previously said that the premises was not suitable for a bar/nightclub due to the structure and layout.
He was concerned that the closing time at 23:00 with drinking up for an hour would just encourage people to buy multiple drinks. He referred to the applicant’s comments stating that noise disturbance and people congregating could be from any of the surrounding premises and questioned if this was the case why had there not been more complaints. He noted that the most recent email from the applicant stated that a member of staff will walk around and make sure the noise from inside cannot be heard.
The Chair invited questions to the objectors.
Councillor Reeves noted from the second objector’s representation that he didn’t appear to have a problem with the other premises nearby which were licensed later. He agreed and stated residents had a good relationship with the owner of the Cork Bar, he lives in the complex and understands the residents and works with them.
Councillor Smith-Lyte asked the first objector to clarify what he meant by light show – he confirmed it was disco lights/karaoke after 21:00.
There were no questions from the Legal Representative or Licensing Officer for the objectors.
The Chair invited Councillor Candy to make her representation on behalf her constituent.
Councillor Candy described the geography of the area where her constituent lived and how that related to the location of Bonds, the other premises and the relevance of the quiet zone.
Councillor Candy said her constituent had spoken to the applicant and he wished for last orders to be called at 23:00. She said none of the constituents have a problem with it being a restaurant and she had visited the premises during their Temporary Event Notice and the side door was open. She added the mezzanine layout meant the premises could be split, with one thing happening downstairs and very loud music upstairs.
Councillor Candy asked the Licensing Officer if a DJ was considered live music or recorded music. The Licensing Officer confirmed a DJ can be known as either, but it would normally be classed as recorded music. Councillor Candy noted this was an issue with a DJ being loud and invasive.
She noted that there hadn’t been complaints about the other premises as they were more community minded, finishing at 23:00 and keeping doors closed. The constituents did not want to encourage off-sales at midnight, everything else finished at 23:00 and they were not encouraging of off-sales on the beach at all, let alone at midnight.
Councillor Candy stated that live music with a door that opens onto a constituent’s door is unacceptable and urged the Sub-Committee to not consider live music.
The Chair invited all parties to sum up.
The Licensing Officer confirmed:
- the definition of a DJ and when it could be classed as live music.
- The other two premises spoken about both had on and off sales.
- Appendix D of the report contains Mr Taylor’s email where he has stated he will call last orders at 23:00 and this could be conditioned in the Licence.
The Chair noted the positive comments regarding the rest of the operators, and in the event any licence was granted, he hoped the applicants would learn from their neighbours.
Councillor Candy referred to the 23:00 clearing up time and stated that they did not want this to be lengthened to midnight as this would encourage people leaving the premises noisy and intoxicated.
The objectors concurred with Councillor Candy’s comments and concerns regarding extending the clearing up time.
The Sub-Committee adjourned to make their decision.
DECISION NOTICE
Bonds Felixstowe Ltd (the applicant) has applied for a new premises licence at 129 Undercliff Road West, Felixstowe IP11 2AQ, to permit the supply of alcohol on and off sales, live and recorded music and late-night refreshment.
This Sub-Committee has been held as four representations against the application had been received from local residents. The objectors’ main concerns were in relation to anti-social behaviour and noise disturbance. The representations referred to when the premises opened on a temporary licence. The representations detailed that this resulted in a very ‘noisy weekend’. Those who made representations were therefore concerned that the anti-social behaviour and noise disturbance may become a regular occurrence if the applied for hours were granted.
The Sub-Committee first heard from the Licensing Officer, who summarised the report. The Licensing Officer confirmed that during the consultation period the applicant engaged in discussions with local residents and the Environmental Protection team to address the objectors’ concerns. When questioned, the Licensing Officer confirmed that the premises had been previously licensed for many years, the most recent licence for ‘Steak and Lobster’ was surrendered recently. During the previous iterations of the licence, the licensable hours for on and off sales have been the same times, those being: Sunday to Wednesday till 11pm and Thursday to Saturday till 11:30pm. The Licensing Officer confirmed that since 2012 no complaints had been received. When asked about other nearby premises and the conditions attached to their licence, the Licensing Officer confirmed that the Cork Bar which is located near to the proposed premises have a condition that only customers who are smokers may use the balcony after 8pm. When questioned by the Sub-Committee, the Licensing Officer explained that there is no defined ‘drinking up time’ and no requirement to have one under the current Licensing Act.
The Applicant was unable to attend the hearing, however they provided an additional document prior to the hearing that clarified that they had been conversing with the Environmental Protection department and will implement extra steps to reduce noise disturbance to local residents. These included only allowing smokers outside the premises from 10:30pm, noise levels being checked every hour by a member of staff, all doors being shut so that noise cannot emit from the premises, door staff to control external areas/entrance and a complaint book so that any issues can be logged and dealt with by management.
The Environmental Protection team had no concerns with the application and there were no representations from any responsible authorities. However, there were 4 representations from local residents, who objected to the application. The objectors’ main concerns were that a new late-night bar and music venue will exacerbate anti-social behaviour and noise disturbance in the area. The local residents would like to request that the licence be reduced to 11pm due to the premises proximity to residential housing. The objectors do not have issues with other local music venues such as the Cork Bar, as the licensees have good communication with the residents.
The decision of the Sub-Committee
The Sub-Committee has considered the application, the Licensing Officer’s report and the representations received from the applicant and the objectors. The Sub-Committee has decided to grant the application, subject to such conditions as are consistent with the operating schedule accompanying the application, however modified to:
- Opening hours
Monday to Saturday - 11.00am to 11.00pm.
Sunday - 11.00 to 10.30pm
- On sales and recorded music
Monday to Saturday - 11.00am to 11.00pm
Sunday - 12.00pm to 10.30pm
- Off sales
Monday to Sunday - 11.00am to 8.00pm,
- Live music
Saturday - 11.00am to 11.00pm
The Sub-Committee would like to attach the following conditions to the licence:
- The Licensee shall keep all fire exit doors and external doors shut during operating hours.
- The Licensee shall allow only smokers outside the premises after 10pm and door staff will check that no drinks are brought outside the premises. The smoking defined area is defined as the pavement on Undercliff Road West, this does not include the alley way to the side of the premises.
- The Licensee shall provide receptacles for cigarette ends and signage.
- The Licensee shall keep a telephone on hand of which the number should be provided to local residents, so that they may contact the licensed premises if so required.
Reasons for decision
In arriving at this decision, the Sub-Committee has taken into consideration the representations of both the applicant and objectors as well as the Licensing Officer’s report. The Sub-Committee also considered the Council’s own licensing guidance and statement of licensing policy, as well as the Statutory Section 182 guidance, and Human Rights Act 1998.
The Sub-Committee noted the representations from the local residents in relation to anti-social behaviour and noise disturbance, therefore the Sub-Committee saw fit to modify and add conditions to the Licence. It was evident from the Temporary Event Notice that relationships with local residents require better management and that crowd control is an area for improvement for the applicants.
The Sub-Committee took great weight in making its decision upon the lack of responses from responsible authorities, most notably the Police in relation to anti-social behaviour and the Environmental Protection team in relation to noise disturbance.
The Sub-Committee welcomed the informal amendment to the application on 6th January which reduced the provision of live music to only on Saturdays and have amended the regulation of that activity as a result.
Anyone affected by this decision has the right to appeal to the Magistrates’ Court within 21 days of receiving notice of the decision.
Date: 9 January 2025