Agenda item

The Sub-Committee is requested to determine whether or not the variation application should be granted.

The Panel was requested to determine a variation application under the Licensing Act 2003 for Dia Y Noche, 30 Oaks Square, Epsom.  Details of the requested variations were detailed in the report.

Representations had been received from Charlotte Scott and Oliver Nelson, Environmental Health Officer and Environmental Health Team Leader respectively from Epsom & Ewell Borough Council on the grounds of excessive noise from amplified music inside/outside the building and noise from customers in the external seating area.

A further representation had also been received from a local resident on the grounds of public nuisance.

The Panel heard a verbal representation from Mr. Dean Kirby proprietor at Dia Y Noche outlining the extent of the business and their involvement with a wide range of residents in the local community.  He also explained the measures that had been taken to minimise noise disturbance and his continual willingness to work with residents and the Licensing Authority.

Verbal representations were also received by the two representatives from Environmental Health who set out previous interventions by Environmental Health instigated by complaints from local residents.

Following consideration of the written and verbal representations made, the Panel felt that the issues were finely balanced and that there was insufficient evidence to determine the key concern around public nuisance.

Accordingly it was agreed that a six month temporary licence for the extension of hours as set out in Annex 1 to the report be granted.  This allowed for a period of consideration in relation to the objections made.

The temporary licence was subject to agreed conditions between the applicant and Surrey Police as follows:-

·                 One SIA Door Supervisor will be on duty, Saturday and non-standard days from 20.00 to close of business.  On Friday, Saturday and on-standard days between the hours of 20.00 to close of business the use of the ID scanner will be implemented.  The scanner is not be operated by the Door Supervisor.

·                 A member of staff who is first aid trained will always be present on the premises during operating hours.

·                 No customers to use the outside seating area associated with the premises after 23.00.  All furniture to be removed or stored securely by 23.15

·                 No customers to take drinks outside after 23.00 hours

·                 Children will only be permitted on the premises when accompanied by a responsible adult, and in any case at the discretion of the management.

A further application vary the premises licence would need to be submitted reliant upon successful completion of the temporary licence.