We note that these premises fall within the area defined in
the council’s cumulative impact policy.
We do not believe that this is a minor variation and
therefore should not be dealt with under the minor variation procedures. The
applicant refers to the removal of “historic conditions”. This phrase is
normally used to describe conditions whose original purpose had been rendered
irrelevant by the passage of time. This is very much not the case here.
The original the conditions referred to are:
1.
The premises are structurally adapted and bona
fide used for or intended to be used for the purpose of habitually providing
for the accommodation of persons frequenting the premises for substantial
refreshment, to which the sale and supply of intoxicating liquor is ancillary.
This was intended to reflect the nature, intended and actual
use of this unique building by ensuring that the drinking of alcohol was
ancillary to providing other types of refreshment which has always been
interpreted as the provision of food. This condition has also avoided these
premises adding to the amount of vertical drinking in the cumulative impact
zone and constrained its owners to trade in a way consistent with reducing the
nuisance caused to neighbours who because of the nature of the building are
very vulnerable to noise and disturbance in and around these premises. The
nature of the building structure and use have not significantly changed since
this condition was originally imposed and all the other reasons for having it
still apply and have not been superseded by events.
These are large premises that are in very close proximity to
noise vulnerable residential premises. Allowing increased vertical drinking
will increase the number of people able to drink there and the amount of
alcohol consumed. The licencing authority will also be aware that vertical
drinking establishments in the city attract significantly more complaints of
noise nuisance and increased levels of drink fuel anti-social behaviour and
drink related accidents.
The Home Office Revised Guidance issued under section 182 of
the Licensing Act 2003 (April 2018 section 10.23) states that with regard to
large capacity “vertical drinking” premises “Previous research has demonstrated
that the environment within such establishments can have a significant bearing
on the likelihood of crime and disorder.”
2.
No off sales permitted.
These premises are entirely unsuitable for off sales. They
are on an island site surrounded by a one way system. Through most of the week
there is limited or no parking provision. There is already an issue with people
parking in the access roads illegally and creating significant public nuisance.
Off sales will generate more traffic in and out of the building increasing the
potential for nuisance for neighbours and other businesses. There is already a
problem with street drinking in this area and having an off license here is
likely to exacerbate this.
We note that the applicant has offered no noise studies.
All this in itself would be enough for us to object to this
application. However, these particular applicants have put into to public
domain their plans for these premises, their management and business model
which give further cause for concern.
They appear to intend that these premises should be operated
by their pub division and branded as a pub. They are planning changes to
premises which will incorporate large areas which they themselves designate as
bars. They are planning changes to the premises to introduce large bar areas
with limited seating and what seating is planned tends toward the type of primarily
associated with vertical drinking such as high stools or soft seating around
low tables.
For all these reason we object to the applicant’s request
for the removal of conditions because we believe that their removal will lead
to an increase of public nuisance both for the immediate neighbours and within
the cumulative impact zone as a whole.
We would also contend that if the applicants publicly stated
plans for these premises continue to be progress there should be a complete
review of all the condition of this licence.
For the record we would of course support the proposed
conditions relating to staff training and development.