Agenda item

The Sub-Committee is requested to determine the application.

The following papers are attached.

(i)         Licensing Manager's report.

(ii)        Appendix A – Application and plan.

(iii)       Appendix B – Map of the area.

(iv)       Appendix C – Amendments to the operating schedule requested by the applicant following discussions with the police.

(v)        Appendix D – Copies of representations.

The procedure to be followed by the Sub-Committee is attached to this agenda.

The Sub-Committee considered an application for the grant of a premises licence in respect of The Attic Bar, First Floor and Second Floor, 8-9 Church Street, Dover for:

On the basis of the representations of the applicants, their representatives and other persons, the Sub-Committee found the following facts to be established.

(i)               The application for The Attic Bar sought the grant of a premises licence for a first and second floor premises, that was previously a bar and nightclub. The first floor would be used as a late-night bar and nightclub (hereafter referred to as nightclub), open until 04:00 hrs every Thursday, Friday, and Saturday. The second floor would be used as a bar and pool room and open daily until midnight. When the nightclub was open the pool room would close at 22:00 hrs. The capacity of the premises was 107 people.

(ii)             Ten representations were received objecting to the application. The sub-committee took into account all written representations; the representations of those present at the hearing; an additional statement read out at the hearing that was submitted by Theresa Hardy; and an additional statement, omitted from the printed agenda, from Mr and Mrs Thomas.

(iii)            There were no representations made by any of the Responsible Authorities, including the police.

(iv)            The licensing objectives cited to be undermined by the objectors were Prevention of Public Nuisance and Prevention of Crime and Disorder. The objectors were all residents of Stembrook Court, which contained 34 residential flats, including housing vulnerable and elderly people and children, and was located adjacent to The Attic Bar.

(v)             The objectors advised that their primary concern was the excessive noise from the premises until closing time at 04:00 hrs and beyond as the patrons were leaving the premises. Mr Pilott advised that the closing time of 04:00 hrs was considered in line with Dover District Council’s Licensing Policy which sought to stagger patrons leaving premises in the town. The Lava Lounge and The Funky Monkey closed at 03:00 hrs. Mr Pilott confirmed that it was now proposed that the nightclub would only operate on Friday and Saturday nights.

(vi)            There was no consensus from the objectors when asked what an acceptable closing time might be. It was however accepted by all objectors that 04:00 hrs was too late.

(vii)          When the premises operated a nightclub, as the Party Bar (a licensed premises) the objectors would hear shouting, swearing, fights, laughing, taxis arriving, car doors closing – all of which contributed to their disturbed and deprived sleep. The sleep deprivation affected their mental health and the following day, for some who were at work and at school. The Party Bar stopped operating in 2017 and during lockdown the residents of Stembrook Court stated they had not experienced the same noise disturbances from other licensed premises. It was acknowledged that the current applicant was not the premises licence holder at the Party Bar.

(viii)         Although they also experienced anti-social behaviour in and around their premises by way of damage to the flats, people entering the hallways and urinating in the surrounding area, these issues could not be attributed solely to The Party Bar nor The Attic Bar.

(ix)            Objectors stated that the music from the previous licensed premises could be heard in Stembrook Court and several of the flat’s bedrooms were in Church Street, directly opposite the premises. Whilst the flats had double glazed windows the music could still be heard which contributed to their sleep deprivation. In the statement read out at the hearing submitted by Theresa Hardy she stated that she had recently seen staff in the premises and had heard music coming from the premises.

(x)             Mr Pilott advised he had recently been at the premises testing the sound levels and found the music could not be heard from outside the premises. They had installed sound insulation and acoustic seals were to be installed also. The first floor where the nightclub would be located had double glazed windows, which did not open, and air conditioning, although the second floor did not. In addition, all doors had been installed with automatic closing devices to minimise noise levels.

(xi)            Mr Pilott addressed some of the other concerns. There would be four SIA staff on duty when the nightclub was in operation. Two would be located at the door: one checking ID and carrying out body searches at the premises with the other in the doorway, where patrons were to queue on the stairs. There would be no queuing outside so as to minimise noise disturbance to nearby residents. On busier nights safety stewards would be on duty. Mr Pilott advised objectors there would be a dedicated community liaison officer at the premises to deal with any resident concerns.

(xii)          To minimise disturbances and noise outside at closing time, patrons would be led into St Mary’s Passage and onto Cannon Street. This would be managed by way of metal security barriers from the doorway, preventing access into Church Street. Security staff would be directing them in that direction also. Anyone not complying with the requests of the security staff would receive a three-month ban from the premises. Any patrons seen causing anti-social behaviour by security staff would also receive a three-month ban. It was recognised that permission from Kent County Council was required for the citing of the security barriers and this had not yet been applied for.

(xiii)         Whilst many of the issues faced by the objectors were genuine issues of anti-social behaviour and public nuisance, these issues were faced when the premises had previously operated under a different licence holder and currently, from other licensed premises in the area. Therefore, the sub-committee could not consider speculative issues for this applicant, based on the actions of other licensed premises.

(xiv)        The applicant had demonstrated that they clearly understood the responsibilities of a licence holder. The sub-committee found that many of the concerns that had been raised by the objectors had been addressed by the applicant and a number of steps were to be in place to mitigate any issues that may arise.

In reaching its findings, the Sub-Committee considered the following:

(i)               Dover District Council’s Licensing Policy

(ii)             The Licensing Act 2003 and the guidance given under Section 182 of the Act

(iii)            Article 6 of the Human Rights Act

(iv)            Section 17 of the Crime and Disorder Act 1998.

The Sub-Committee has decided to:

(i)               GRANT the application for a premises licence in respect of The Attic Bar, First Floor and Second Floor, 8-9 Church Street, Dover as follows:

Supply of Alcohol (for consumption ON the premises)

 Pool Room (Second Floor)

Late-Night Bar and Nightclub (First Floor)

Late-Night Refreshment

Recorded Music

(ii)              If operating as a nightclub then there is to be a minimum of 4 SIA door staff on the premises on Fridays and Saturdays from 22:00 hrs until 30 minutes after closure of the premises. Said door staff to assist in dispersal of patrons from the area.

(iii)            For the nightclub there shall be no admittance to the premises after 02:00 hrs.

(iv)            Metal safety barriers to be in place when the nightclub is in operation, so as to lead patrons into St Mary’s Passage and onto Cannon Street thus preventing access into Church Street.

(v)             Conditions as offered up in the operating schedule along with points 2, 3, 7, 8, 9 and 10 as set out in Appendix C to the report, are to be applied to the licence.

(vi)            The sub-committee directed that the premises cannot operate as a late-night bar and nightclub until permission from Kent County Council is sought and safety barriers are permitted to be in place. If not approved the application will have to come back to the Licensing Committee for further determination.