In attendance and speaking at the hearing:
Solicitor for Applicant Karen Cochrane
Licensing officer: Mr Ben Murray
The Sub-Committee considered an application for a variation of the premises licence in respect of the above premises.
The application was as set out in the agenda papers and related to a variation of the opening hours, removal of embedded conditions and a new plan for the premises. All other details and conditions remained as for the existing licence.
A representation had been received from two local residents in relation to the close proximity of the residential area; the application had the potential to cause public nuisance. It was noted that a further email of representation had been received from the objector who had originally intended to attend. All parties considered this additional information provided.
The Sub Committee also received a copy of a letter from the applicant expanding on the reasons for his application and seeking to appease the concerns made in the representations received.
The applicant’s solicitor attended the hearing.
The licensing officer presented the application and advised the Sub Committee that the application requested a variation to the licence for the following:
• a new plan reflecting alterations to the premises
• an extension of the opening hours of the premises in the morning to 08:00 hours every day and until 00:30 on Fridays, Saturdays and Sundays prior to a Bank Holiday, Christmas Eve and Boxing Day
• permission for the sale of alcohol from 08:00 every day
• an extension of the hours for the sale of alcohol until midnight on Fridays, Saturdays and Sundays prior to a Bank Holiday, Christmas Eve and Boxing Day
• the removal of certain embedded restrictions
The applicant’s solicitor presented the case for the application on behalf of the applicant referring to the successful track record held by Whiting and Hammond and Mr Whiting’s efforts and offers of action to seek to mitigate the representations received. She also made reference to the investment that the company was making into the public house that had been closed for two years which was in turn providing valuable employment opportunities.
The Chairman invited questions and then offered the parties an opportunity to make any concluding remarks, before adjourning the hearing.
(The Sub-Committee adjourned to deliberate at 3.06 pm
and resumed at 3.53 pm)
RESOLVED that the application be GRANTED as applied for with additional conditions, namely:
a) To amend supply of alcohol (Section J) as applied for
b) To amend the premise licence to remove certain parts of the embedded restrictions as applied for
c) To amend the plan as applied for
d) The premises shall operate a Challenge 25 age verification policy
e) To install CCTV on the premises covering locations where persons enter and exit the premises, the cameras are to be maintained in working order
f) To place prominent, clear and legible notices at all exits requesting the public to respect the needs of the local residents and to leave the premises and the area quietly.
g) To take measures to ensure that noise will not be audible above background level at the boundary of the licensable area
Reasons for the decision
1. The Licensing Sub Committee has reviewed the report and the annexes circulated with the agenda.
2. The Licensing Sub Committee has given regard to Licensing Objectives, in particular Public Nuisance, Section 182 Licensing Act 2003 statutory guidance and its own Statement of Licensing Policy, in particular Section 8.
3. The Committee’s main concern is the potential impact of this variation on residents near to the licensed premises. These concerns have in many ways been addressed by the applicant’s representative.
4. The Committee is aware that the premise is currently closed and is undergoing extensive refurbishment with substantial financial investment, bringing employment to the locality.
5. The promotion of the licensing objectives is of paramount concern at all times; including protecting the public and local residents from noise nuisance. This is to be achieved whilst recognising the important role licenced premises play in our local community by minimising the regulatory burden on business.
6. The Licensing Sub Committee gave due regard to the individual merits of this application, s149 Equality Act 2010, Human Rights/ECHR legislation in particular article 8 and article 1 First Protocol and the rules of natural justice.
To improve access to the premises for disabled persons, in particular external dining patio and external drinking patio
That lighting in areas accessible to the public, members or guests shall be adequate when they are present.
To liaise with police regarding CCTV installation and guidance
If there are future concerns regarding any of the licensing objectives these should be brought to the attention of the Licensing Committee for the licence to be reviewed accordingly.