That having taken into account the Licensing Act 2003 Guidance issued under Section 182, Central Bedfordshire Council’s Licensing Policy for the variation of the premises licence and having taken into account Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, Central Bedfordshire Council’s Statement of Licensing Policy for Sex Establishments for the variation to a Sex Establishment Licence and the merits of the two applications and the representations (including supporting information) presented by all parties, the applications be refused for the following reasons:

The variation to the premises licence reasons for refusal:

1.    No measures had been proposed to deal with the outbreak of noise from smokers outside of the premises;

2.    There was a lack of measures for the expedient dispersal of patrons upon the closing of the premises;

3.    It was considered that the likely impact of a late licence, later than any other licence in the locality, will result in additional noise and sleep depravation for the residents in the immediate locality;

4.    It was not clear as to whether, the premises would be operated as a licensed premises or a Sexual Entertainment Venue, which may lead to confusion for:

a.    Individuals seeking to attend and an unknown clientele for the premises to considered appropriate management controls; and

b.    For any attempts to regulate minimal measures proposed for dispersal, for example, the number of taxis that will be present.

5.    Real concern that there could be future problems with such operation

6.    There is no comprehensive record of either positive control or negative control because the premises have only been opened on that single occasion.

The variation to the Sexual Establishment licence reasons for refusal:

1.    The locality of Ampthill has changed since the closing of the White Hart public house, with no premises being open (except Shayler’s) after midnight;

2.    The locality is residential and people have a right to be able to expect not to be disturbed by patrons leaving venues in the late early hours of the morning;

3.    The locality means that it is inappropriate for such activities to continue to the requested times because it will change the locality in a manner which is not considered desirable:

a.      The change to locality including;

                          i.       Increasing the number of people in the area at 04:00 hours

                         ii.       The likely increase in the noise from individuals and vehicles

The Sub-Committee had based their reasons for refusal on the following Findings of Fact:

·           The premises has only been open since 30 November 2012, a period of just over 14 weeks

·           The licensed premises has only been operated for one single weekend in all of that time

·           There is no comprehensive record of either positive control or negative control because the premises have only been opened on that single occasion

·           There are no representations from responsible authorities

·           There is no evidence of any calls having been made to the Police

·           The premises has no garden area for patrons to sit

·           The closest outside seating area is in the middle of the market square

·           There is no evidence of the licence having been breached in the 14 weeks that the premises have been opened

·           It is not clear as to whether, the premises will be operated as a licensed premises or a Sexual Entertainment Venue, which may lead to confusion for

o    Individuals seeking to attend and an unknown clientele; and

o    For any attempts to regulate minimal measures proposed for dispersal, for example, the number of taxis that will be present

·           The premises appear professional and well run, with control exercised by the premises management

·           The Manager is very credible and seems to have a firm grip of all matters

·           The premises have not operated during any warmer months, when you would expect individuals to be out later into the evening/night

·           The arguments raised by the residents are compelling, especially the individuals who have formed the Ampthill Street Watch

·           The extension request is a long extension late into the early hours of the morning

·           There is a real concern that there could be future problems with such operation

·           No measures have been proposed to deal with the escape of noise caused by people leaving the premises for a cigarette

·           Evidence has been presented to show that the location of the premises attracts groups of people, including youths, and such action causes a nuisance with the groups remonstrating

·           There is no help, other than 999, after 03:00 hrs in the morning when low level nuisance is likely to be suffered

·           The area is largely a residential area

·           There is no public transport in the area at 04:00

·           The majority of complaints relate to late night drinking and noise

·           Individuals have already suffered from sleep deprivation due to late night revellers, accepted not yet from Shaylers

·           It is a town centre, not out of town

·           There is a lack of measures for the dispersal of individuals

·           Since the decision of the licensing sub-committee on the 30 July 2012 there are no longer any other premises in the locality open beyond midnight.

Applicants or any person who has made a relevant representation who is dissatisfied with this decision has the right of appeal to the Magistrates Court within 21 days of the date on which they were notified of the decisions.