Licensing Sub-Committee Minutes

Date:
Monday, 20th July, 2015
Time:
6:00 pm
Place:
New Council Chamber, Town Hall, REIGATE
 

Attendance Details

Present:
Councillor S. Bramhall (Chairman); Councillors R. Coad and Mrs R. Turner
Also Present:
Councillors R. Absalom* and E. Humphreys*

*Part Meeting
Substitutes:
Councillor Mrs R. Turner was sitting as a Substitute for Councillor F. Kelly, who was unable to attend the meeting.
Min NoDescriptionResolution
Part I
7 APOLOGIES FOR ABSENCE AND CONSTITUTION OF THE LICENSING SUB COMMITTEE

It was noted that Councillor Mrs Turner would be sitting on the Sub Committee in the place of Councillor F. Kelly, who was unable to attend the meeting.

8 MINUTES

Resolved that the minutes of the meetings held on 29 September 2014 be confirmed as a correct record and signed.
 

9 DECLARATIONS OF INTEREST

There were no declarations of interest.

10 LICENSING HEARING PROCEDURE NOTE

RESOLVED to note the procedure note to be followed at the discretion of the Chairman.

11 APPLICATION FOR A PREMISES LICENCE:
3 Croydon Lane, BANSTEAD.

RESOLVED that the application for a premises licence be REJECTED.

 

In reaching its decision:

 

a. The Licensing Sub Committee reviewed all the papers before it, including the report, annexes and addendum circulated with the agenda and supplementary papers tabled at the hearing.

 

b. The Licensing Sub Committee had regard to the Licensing Objectives, section 182 Licensing Act 2003 Statutory Guidance and its own Statement of Licensing Policy.

 

c. The Sub-Committee’s main concern was the potential impact of the application on local residents living near to the proposed premises.

 

d. 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 licensed premises play in our local community by minimising the regulatory burden on business.

 

e. All four licensing objectives were considered, most concern from the local community being attributed to the objective of preventing public nuisance.

 

f. The Licensing Sub Committee gave due regard to the individual merits of this application, s149 Equality Act 2010, Human Rights legislation and in particular Article 8 and Article 1 First Protocol of the European Convention on Human Rights, and the rules of natural justice.

 

g. The Licensing Sub Committee paid careful attention to all submissions made in writing and orally during the hearing by all the parties.


Reasons for the decision

 

1. In considering the promotion of preventing public nuisance the Licensing Sub Committee focused on the effect of the licensable activities at the specific premises on persons living and working in the area around the premises.

 

2. In reviewing all the papers submitted and listening to the oral submissions made at the hearing the Licensing Sub Committee determined that granting of the application would result in a disproportionate and unreasonable level of public nuisance.

 

3. Public nuisance is not narrowly defined in the 2003 Licensing Act; it retains its broad common law meaning. The Sub Committee has determined that the granting of this application would cause public nuisance through a significant reduction in the living and working amenity and environment of other persons living and working in the area.

 

4. The Licensing Sub Committee has great concern over several aspects of this application:

 

i. its view is that the application has not been properly thought through and is misguided in several aspects;

 

ii. the Licensing Sub Committee has no confidence in the ability of the applicant to safeguard those visiting events at the premises. This concern is exacerbated by the removal of alcohol as a licensable activity, with guests bring their own alcohol;

 

iii. even without amplified music, the Licensing Sub Committee is of the view that granting this licence with or without conditions is unsuitable in the circumstances of this case.

 

5. The views of the Licensing Sub Committee are strongly supported by the representations by the responsible authority for Environmental Protection.

 

 

It was noted that the written decision hereby issued takes precedence over the drafted decision released verbally at the close of the hearing.
 

12 APPLICATIONS DETERMINED THROUGH MEDIATION

There were no applications determined through mediation.

The meeting closed at 8.51 pm.