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To: Licensing and Gambling Acts Sub-Committee Date: 30 April 2018 Report of: Head of Community Services Title of Report: Ms Lucy Watts -Application to vary the Premises

Licence: Thirty Eight, 38 South Parade, Oxford, OX2 7JN

Application Ref: 18/01256/PREM

Summary and recommendations Purpose of report: To inform the determination of Ms Watts’ application to

vary the Premises Licence for Thirty Eight, 38 South Parade, Oxford, OX2 7JN

Corporate Priority: A vibrant and sustainable economy

Recommendation(s):That the Licensing and Gambling Acts Sub-Committee resolves to:

1. determine Ms Watts’ application taking into account the details in this report and any representations made at this Sub-Committee meeting.

Appendices

Appendix 1 Application to vary a Premises Licence Appendix 2 Existing Premises Licence - 17/02927/TRPREM Appendix 3 Representations from Responsible Authorities Appendix 4 Representations from Interested Parties Appendix 5 Support representations from Interested Parties Appendix 6 Location Map

Introduction and background 1. This report is made to the Licensing & Gambling Acts Casework Sub- Committee so

it may determine in accordance with its powers and the Licensing Act 2003 whether to grant a variation to the Premises Licence to Ms Watts.

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Agenda Item 2

Application Summary 2. An application to vary a Premises Licence has been submitted by Ms Watts. A

summary of the licensable activities applied for and the time proposed for these activities can be found detailed below:

Supply of Alcohol (On Sales only – Off Sales to remain as existing): Sunday to Saturday 11:00 until 00:00 Recorded Music (Indoors Only): Sunday to Saturday 08:00 until 00:00 Live Music (Indoors Only): Sunday to Saturday 11:00 until 22:00 Late Night Refreshment (Indoors Only): Sunday to Saturday 23:00 until 00:00 Non-Standard Timings for Supply of Alcohol, Recorded Music, Live Music and Late Night Refreshment: New Years’ Eve: until 02:00 on New Year’s Day 3. Both the application and the steps that the applicant intends to take to promote the

licensing objectives (as set out in the operating schedule) can be found at Appendix One.

4. In order to assist all parties to this Hearing, the current Premises licence for Thirty Eight is at attached at Appendix Two.

Relevant Representations 5. Valid representations have been received from Responsible Authorities as detailed

in the table below. Copies of these representations are attached at Appendix Three

Responsible Authority

Response Licensing Objective(s)

Thames Valley Police Conditions agreed with Applicant

Crime and Disorder

Fire and Rescue Service

No Representation

Environmental Health Objection – Conditions offered

Public Nuisance

Health and Safety No Representation

Planning No Representation

Trading Standards No Representation

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Child Safeguarding No Representation

Licensing Authority No Representation

. 6. Valid representations have been received from Interested Parties as detailed in the

table below. Copies of these representations are attached at Appendix Four.

Name Address Licensing Objective(s) Ms Eliza Allen 14 South Parade Public Nuisance

Dr Siobhan Becker 54 Stratfield Road Public Nuisance, Protection of Children from Harm

Dr Deborah Bryceson 42 Middle Way Public Nuisance

Ms Vicky Bullard 43 Stratfield Road Public Nuisance

Mrs Waldtraut Carlill 9A Middle Way Public Nuisance

Mrs Susan Crisp 4 Grove Street Public Nuisance

Dr Carol Dair 30 Stratfield Road Public Nuisance

Mr Peter Geekie 54 Stratfield Road Public Nuisance

Miss Georgia Geekie 54 Stratfield Road Public Nuisance

Dr Elisabeth Jay 31 Stratfield Road Public Nuisance

Mr Richard King 36 Middle Way Crime and Disorder, Public Nuisance

Mrs Aileen Laurance 44 Stratfield Road Public Nuisance

Mrs Rachel Nolan 40 Stratfield Road Crime and Disorder, Public Nuisance, Public Safety

Mr Richard Pantcheff 52 Middle Way Public Nuisance

Mr Hamish Paul 43 Oakthorpe Road Crime and Disorder, Protection of Children from Harm, Public Nuisance

Mrs Katarzyna Pawlowska-Benda

24 Oakthorpe Road Public Nuisance

Ms Angela Radcliffe 56 Stratfield Road Public Nuisance

Mrs Clare Rahemtulla 21 Oakthorpe Road Public Nuisance

Dr Katherine Richard 52a Oakthorpe Road Public Nuisance

Mrs Eva Reinhardt 9 Osberton Road Public Nuisance

Mrs Eline Stotyn 39a South Parade Public Nuisance

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Mr Fred Tao 37 Stratfield Road Public Nuisance

Mr Alex Tester 49 Stratfield Road Public Nuisance

Mrs Isabella Underhill 29 Stratfield Road Protection of Children from Harm, Public Nuisance

Mr William Underhill 29 Stratfield Road Public Nuisance

Dr Richard Whittington 8 Century Row, Middle Way

Public Nuisance

Dr Richard Zugic 4 Century Row, Middle Way

Public Nuisance, Public Safety

Dr Sophie Bennett 30 South Parade, Oxford Crime and Disorder, Public Nuisance

Mr Nicholas Hardyman 35 Stratfield Road Public Nuisance

Dr Lorraine Foreman-Peck

53 Portland Road, Oxford Public Nuisance

Nick Georgiou 44 South Parade Public Nuisance

Mrs Caroline Thompson 6 Harefields Public Nuisance

Mr Julian Munby 26 Oakthorpe Road Public Nuisance

Ms Kate Williams 44 South Parade Public Nuisance

Mr Nicholas Coram-Wright

41 Stratfield Road Public Nuisance

Mr David Barron 51 Stratfield Road Public Nuisance

Dr N Yeates 39 Stratfield Road Public Nuisance

Mr Peter Thompson on behalf of Oxford Civic Society

67 Cunliffe Road Public Nuisance

Mr Stephen Withers Green on behalf of St Edwards School

Woodstock Road, Oxford Public Nuisance, Public Safety and Crime and Disorder

Mr Tim Nixon 2 Rogers Street Public Nuisance

Miss Emily Coates 10 Stratfield Road Public Nuisance

Mrs R Philps 60 Stratfield Road Public Nuisance

Dr Eileen Walker 31 Meadow Prospect Public Nuisance

Mrs Pauline Steele 17 Osberton Road Public Nuisance

Mrs Mary Keeble 15 Grove Street Public Nuisance

Mr B Mark and L Simon 33 South Parade Public Nuisance

Miss Caroline Ashley 25 Middle Way Public Nuisance

Mr John Riordan 1 Middle Way Public Nuisance

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Mr Danny Lee 38 Stratfield Road Crime and Disorder, Public Nuisance

Dr Julie Schmidt 41B South Parade Public Nuisance

Ms Ariella Adler Not Given Public Nuisance and Protection of Children from Harm

Ms Judith Pistone and Mr Luciano Pistone

10 South Parade Public Nuisance

Mr Jay Bosworth 43 Stratfield Road Public Nuisance

Mrs Orlagh McShane 38 Stratfield Road Public Nuisance

Dr Renee Hirschon- Philippakis

52 Stratfield Road Public Nuisance

Mrs Martha Patricia Simon 33 South Parade Public Nuisance

Mrs Lee Mikhelson 15 Osberton Road Public Nuisance

Mr John Perryman 4 Middle Way Crime and Disorder, Public Nuisance

Miss Jemima Becker 54 Stratfield Road Public Nuisance

Mrs Jennifer Rowsell 11 Oakthorpe Road Public Nuisance

Mr Malcolm Fergusson 7 Oakthorpe Road Public Nuisance

Miss Rachael Osborn 45 Stratfield Road Public Nuisance

Cllr Andrew Gant 55 Middle Way Public Nuisance

Dr Nelarine Cornelius Lindsey House, 11 South Parade

Crime and Disorder. Public Nuisance

7. Valid representations in support have been received from three Interested Parties

as detailed in the table below. Copies of these representations are attached at Appendix Five. Mr Stuart Small 22 Grove Street Support Representation

Mr Max Moss Robert Saunders House South Parade

Support Representation

Ms Eirini Fasia 45 South Parade Support Representation

Location 8. A map is attached at Appendix Six showing the general location of the applicant’s

premises.

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Statement of Licensing Policy 9. The Sub-Committee is referred to the Council’s Statement of Licensing Policy*. In

particular, the following paragraphs have a bearing upon the application:

Relevant Policy Matters Section Policy Live Music 4.2.1 to 4.2.3 GN 23

Public Nuisance 7.3.1 to 7.3.10 LA2 to LA4

10. A copy of the Statement of Licensing Policy may be obtained from the Council

Offices or found online at: https://www.oxford.gov.uk/downloads/file/1303/statement_of_licensing_policy

Home Office Statutory Guidance 11. Members are also referred to the statutory guidance issued by the Home Office. Of

particular relevance to this application are the following matters:

Relevant Sections Relevant Paragraph Crime and Disorder 2.1 to 2.6

Public Nuisance 2.15 to 2.21

12. A copy of the Home Office Statutory Guidance may be found online at:

https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003

Other Relevant Considerations 13. The Sub-Committee is reminded of its responsibilities under the Crime and Disorder

Act 1998 (to co-operate in the reduction of crime and disorder in Oxford) and the Human Rights Act (which guarantees the right to a fair hearing for all parties in the determination of their civil rights, and also provides for the protection of property, which may include licences in existence, and the protection of private and family life) when considering the fair balance between the interests of the applicant and the rights of local residents. Any decision taken by the Sub-Committee must be necessary and proportionate to the objectives being pursued.

14. Members are reminded that whenever they make a decision under the Licensing Act 2003, they have a duty to act with a view to promoting the licensing objectives.

15. When considering any representations, only those issues relating to the four licensing objectives should be considered and appropriate weight given to the importance and relevance of each representation.

16. In making its decision, Members must also have regard to the Home Office statutory guidance issued under section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy.

17. The Sub-Committee must take such of the following steps as it considers appropriate for the promotion of the licensing objectives:

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a) Grant the licence in accordance with the application. b) Modify the conditions of the operating schedule by altering or omitting or adding to them. c) Exclude or restrict from the scope of the licence any of the licensable activities to which the application relates. d) Reject the whole of the application.

The Sub-Committee may also grant the licence subject to different conditions for different parts of the premises or the different licensable activities. 18. Members are asked to note that they may not modify the conditions or reject whole

or part of the application merely because they consider it desirable to do so. It must be appropriate to do so in order to promote the licensing objectives. Any such step must relate to a relevant representation made.

19. If Members grant the application, the details of the operating schedule will be incorporated into the licence as conditions. The licence will also be subject to certain mandatory conditions.

20. Members should note that the applicant or persons making representations have the right of appeal against the decision made by the Sub-Committee.

Report author Richard Masters

Job title Licensing Compliance Officer Service area or department Community Services Telephone 01865 252565 e-mail licensing@oxford.gov.uk

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APPENDIX SIX

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