The Sub-Committee is requested to determine the application.
The following papers are attached.
(i) Licensing Manager's report.
(ii) Appendix A – Application to vary the premises licence
(iii) Appendix B – Existing premises licence
(iv) Appendix C – Map of the area
(v) Appendix D - Representation made by Environmental Health
(vi) Appendix E – Representations made by Other Parties
The procedure to be followed by the Sub-Committee is attached to this agenda.
Minutes:
The Sub-Committee considered an application for the variation of a premises licence in respect of The Attic Bar (first and second floors), 8-9 Church Street, Dover CT16 1LY. The application was for:
Recorded Music
|
Thursday |
23:00 – 03:00 hrs |
|
Friday – Saturday |
23:00 – 04:00 hrs |
Late Night Refreshment
|
Thursday |
23:00 – 03:00 hrs |
|
Friday – Saturday |
23:00 – 04:00 hrs |
Supply of Alcohol (for consumption ON the premises – first and second floors)
|
Thursday |
11:00 – 03:00 hrs |
|
Friday – Saturday |
11:00 – 04:00 hrs |
The opening hours of the premises are to be as follows:
|
Thursday |
11:00 – 03:00 hrs |
|
Friday – Saturday |
11:00 – 04:00 hrs |
Amend current premises licence conditions as follows:
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Current Condition |
Proposed Condition |
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There is to be no use of the pool tables after 22:00 hrs once the nightclub is open. |
Once the nightclub is open, pool tables should be monitored at all times by an SIA door supervisor. |
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If operating as a nightclub, a minimum of 4 SIA door staff will be on duty on Fridays and Saturdays from 22:00 hrs until 30 minutes after closing time. |
If operating as a nightclub, a minimum of 3 SIA door staff will be on duty on Fridays and Saturdays from 22:00 hrs until 30 minutes after closing time. |
|
All windows to the premises are to be kept closed at all times. |
All windows to the first floor nightclub to be kept closed at all times. Windows on the second floor pool room to be kept closed after 23:00 hrs. |
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There is to be no admission into the nightclub after 02:00 hrs. |
There is to be no admission into the nightclub after 03:00 hrs. |
The following documentary evidence and/or other information was taken into account by the Sub-Committee:
(i) The Licensing Manager’s report including, the options available to the Sub-Committee.
(ii) Application from Vedat Dok for the variation of a premises licence (appendix A of the agenda).
(iii) Existing premises licence (appendix B of the agenda).
(iv) Map of the area (appendix C of the agenda).
(v) Representation from Environmental Health (appendix D of the agenda).
(vi) Representations from Other Persons (appendix E of the agenda).
(vii) Withdrawal of representation from Environmental Health (supplementary paper).
On the basis of the representations of the applicant’s representative, the Responsible Authority and Other Persons, the Sub-Committee found the following facts to be established:
(i) The application from Vedat Dok (as represented by Ben Pilott), was for the variation of a premises licence at The Attic Bar, First and Second Floor, 8-9 Church Street, Dover CT16 1LY. The application sought to increase the licensable hours, remove/amend some of the current licence conditions and licence both the first and second floors for the same hours (as shown at pages 15, 22, 29, 30, 31 and 32 of Appendix A of the agenda).
(ii) Representations from Environmental Health were received during the consultation process citing the licensing objective of Public Nuisance in their objections. Environmental Health suggested amended condition wording which was agreed by the applicant ahead of the hearing (as shown in the supplementary paper) therefore the Environmental Health objections were withdrawn prior to the hearing.
(iii) Notwithstanding, Mr Woodland (representative for Environmental Health) detailed to the Sub-Committee the original concerns as to no drinking up time, no stopping of music before closing encouraging patrons to leave and the concern that the pool room had insufficient acoustic qualities to prevent noise breakout. With regard to the pool room Environmental Health proposed that only background music should be played which was stated to be music at a level where a normal quiet conversation could be had without having to raise your voice to be heard.
(iv) Mr Woodland provided the Sub-Committee with an overview of the noise complaints relating to this premises since July 2021:
- Between July 2021 and May 2022 there were 7 individual complaints – some noise nuisance diaries were issued and several complainants were given access to out of hours cover on Friday and Saturday nights.
- Mr Woodland informed the Sub-Committee that there had been a further complaint on 29 May 2022 regarding noise and vehicle noise however, the Council were unable to attend on that occasion.
- Since the variation application had been made there had been two noise complaints.
(v) For those complaints between July 2021 and May 2022 Mr Woodland stated:
- On an occasion where shouting was reported, it was observed these were not patrons of The Attic Bar; approximately 14 people were behind the installed barriers at The Attic Bar with no noise.
- In respect of some of the complaints, the premises had operated under Temporary Event Notices thereby extending the operating hours which may have accounted for some of the complaints (for example, if neighbours were unaware of the extended hours).
- On an occasion where shouting and bawling had been reported, officers had been present at the time so would have witnessed any issues in respect to this premises and they had not.
- Regarding one of the noise complaints when officers attended, the premises was closed and the barriers were in. No noise disturbance was witnessed.
- When responding to another noise complaint officers attended and determined there was no noise breakout.
(vi) Mr Woodland stated that patron noise should be managed by the SIA door supervisors and he confirmed the effectiveness of the SIA door supervisors informing the Sub-Committee that enforcement authorities were able to monitor via the town CCTV system as well as attending the premises. By way of example of the effective SIA supervisors, Mr Woodland detailed an occasion when the smoking area had been busy with approximately 20 people present but the SIA door supervisors managed this well and there were no concerns.
(vii) Mr Woodland informed the Sub-Committee about a noise abatement notice that had previously been served on the premises (2021) however, this was withdrawn when the DPS was changed.
(viii) Mr Woodland stated that some noise will occur and that it was not always the fault of this premises however, where there were noise issues associated with the premises it was for the SIA door supervisors to intervene quietly to manage. Where noise reports were made to the Council this was monitored.
(ix) Following the consultation period, Environmental Health had been in contact with Mr Pilott and the supplementary paper was prepared and there were no remaining objections to the application.
(x) Mr Williams attended to present his representation in person citing the licensing objective of Public Nuisance in his objections. Mr Williams stated that for five days of the week the area was very quiet but twice a week (Friday and Saturday night) that changed. Mr Williams observed that at approximately 00:30 hrs very few people attended the premises but from approximately 01:00 hrs there was an influx of people who had consumed alcohol elsewhere who were very noisy and aggressive towards each other. Mr Williams stated that even with four SIA door supervisors people were not admitted into the premises fast enough and it could be 02:20 hrs before the queue was cleared although, there he cited the licence condition stating that there should be no admittance after 02:00 hrs. Mr Williams questioned the reduction of SIA door staff whilst seeking extended admittance hours. Mr Williams stated there was no defined queue, no defined smoking area and no barrier. Regarding the sale of alcohol on the second floor Mr Williams questioned who would supervise the sale of alcohol and questioned what provisions for security were to be made for a Thursday. Mr Williams also questioned what out of hours provisions would be in place in respect of extended hours.
(xi) Mr Rogers was unable to attend to present his representations in person however, asked for a supplementary statement to be read in support of his objection citing the licensing objective of crime and disorder.
(xii) The remaining written representations citing the licensing objectives of crime and disorder, public nuisance and public safety were taken into account.
(xiii) Mr Pilott, on behalf of the applicant, in response to Mr Williams’ concerns stated:
- That the barriers were always there (confirmed by the Licensing Officer that they had never witnessed the barrier not being out);
- That the SIA door supervisors pop in and out of the premises with one almost always being present on the door;
- As for Thursdays it was not yet clear if the premises was to operate only for pool or the nightclub; and
- Regarding the out of hours provision this would be for the Council however, Mr Pilott commented that the premises had radio contact with the Police and the Council Control Room – the premises could be radioed (or watched through CCTV) and this assisted the Police with deciding to attend or not.
(xiv) Mr Pilott informed the Sub-Committee that the premises had held its premises licence since July 2021, they were responsible and took the licensing objectives very seriously. He stated they wanted to provide and enjoyable and safe environment. They were a late night venue and did make refusals over a Friday or Saturday night – approximately 15 (intoxication).
(xv) Since the Funky Monkey closed, the admission numbers seemed to have doubled overnight and there had been no noise related complaints since then.
(xvi) Mr Pilott applied to Kent Police under the Freedom of Information Act for complaint information unfortunately, this information was not yet available to him. They accepted there was a large number of complaints when they opened, these were reported to the premises and they had been dealt with, now the number of complaints had dropped.
(xvii) As a venue they were very aware of patron noise when smoking and on Friday and Saturday nights Mr Pilott would be with the security team to keep the noise down and ask patrons to return inside when they had finished smoking. Mr Pilott stated that those who refuse were not allowed to re-enter.
(xviii) To protect the local residents from noise the barrier was installed and was used.
(xix) Mr Pilott said the premises would also address these issues on a Thursday too if the extended hours were granted.
(xx) Mr Pilott stated that the application to amend the SIA door supervisor numbers was now irrelevant given how busy they were currently.
(xxi) The premises was part of the pub watch scheme, as part of that they do prevent patrons from coming into the premises if they were thought to cause problems.
(xxii) Mr Pilott specifically addressed a complaint regarding glass, he stated they did not use glass when operating as a nightclub.
(xxiii) Mr Pilott invited those who suspected the premises of breaching its licensing conditions to report them so those matters could be investigated.
(xxiv) Regarding the admittance after 02:00 hrs, Mr Pilott stated this time was originally suggested by the Police however, they had no objection to the variation application. The 02:00 hrs condition applied even under a Temporary Event Notice and they would like this extended.
(xxv) Mr Pilott would like to work with the neighbours and encouraged them to contact him directly as well as reporting matters to out of hours, Licensing and the Police.
(xxvi) Regarding Sunday – Wednesday, Mr Pilott confirmed no variations were being sought.
(xxvii) Regarding non-standard times theses had been overlooked in the variation application, Mr Pilott accepted these would need to be considered.
In reaching its findings the Sub-Committee had taken into account the following:
(i) Dover District Council’s Licensing Policy
(ii) The Licensing Act 2003 and in particular the guidance given under Section 182 of the Act
(iii) Article 6 of the Human Rights Act (Right to a fair trial)
(iv) Section 17 of the Crime and Disorder Act 1998 (Duty to consider crime and disorder implications)
RESOLVED: (a) That the application for the variation of the premises licence in respect of The attic Bar, First and Second Floor, 8-9 Church Street, Dover Ct16 1LY be GRANTED as follows:
(i) Recorded Music
|
Thursday |
23:00 – 03:00 hrs |
|
Friday – Saturday |
23:00 – 04:00 hrs |
|
NON-STANDARD TIMES: Thursday the terminal hour of 03:00 hrs is only if the nightclub is in operation – music must be stopped by 02:45 hrs. Friday – Saturday the terminal hour of 04:00 hrs is only if the nightclub is in operation – music must be stopped by 03:45 hrs. |
|
Late Night Refreshment
|
Thursday |
23:00 – 03:00 hrs |
|
Friday - Saturday |
23:00 – 04:00 hrs |
|
NON-STANDARD TIMES: Thursday the terminal hour of 03:00 hrs is only if the nightclub is in operation. Friday – Saturday the terminal hour of 04:00 hrs is only if the nightclub is in operation. |
|
Supply of Alcohol (for consumption ON the premises – First and Second Floors)
|
Thursday |
11:00 – 03:00 hrs |
|
Friday – Saturday |
11:00 – 04:00 hrs |
|
NON-STANDARD TIMES: Thursday last orders for alcohol sales to be taken at 02:30 hrs. Friday – Saturday last orders for alcohol sales to be taken at 03:30 hrs. |
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The opening hours of the premises are to be as follows:
|
Thursday |
11:00 – 03:00 hrs |
|
Friday – Saturday |
23:00 – 04:00 hrs |
(ii) The conditions agreed with Environmental Health in the supplementary paper are accepted. These are included as “non-standard times” above and also to be included:
“background (ambient) music only to be played inside the pool room (second floor)”.
(iii) Regarding the application for the pool tables –
Current: There is to be no use of the pool tables after 22:00 hrs once the nightclub is open.
Proposed: Once the nightclub is open, pool tables should be monitored at all times by an SIA door supervisor.
This is GRANTED but the SIA door supervisor is in addition to the minimum of 4 SIA door supervisors to be on duty when operating as a nightclub.
(iv) The SIA conditions extends to Thursdays as well as Fridays and Saturdays where operating as a nightclub (both the ‘4’ and ‘1’ conditions).
(v) Regarding the application for the windows –
Current: All windows to the premises are to be kept closed at all times.
Proposed: All windows to the first floor nightclub to be kept closed at all times. Windows on the second floor pool room to be kept closed after 23:00 hrs.
This is GRANTED.
(vi) Regarding admission –
Current: There is to be no admission into the nightclub after 02:00 hrs.
Proposed: There is to be no admission into the nightclub after 03:00 hrs.
This is REFUSED. Despite the extension of hours being agreed by the Sub-Committee, last admission remains as is, 02:00 hrs.
Any condition no sought to be varied or removed and not in the licensing manager’s report or forming part of the Sub-Committee’s decision will remain as is.