Agenda and minutes

To elect a chairman for this meeting.

Cllr Robert Knowles was elected as Chairman for the purposes of this committee.

To receive from Members declarations of personal and prejudicial interests in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest submitted for this meeting.  Cllr Michaela Martin who is a member of the Licensing Sub Committee A had removed herself from this application due to a conflict of interest as she was part of Farnham Town Councils Committee who had objected to this application.  Cllr Robert Knowles was substituting in her place.

The purpose of the report is to enable the Sub-Committee to consider an application for a variation to the Premises Licence of The Royal Arms, 172 Farnborough Road, Heath End, Farnham, Surrey GU9 9AX under section 34 of the Licensing Act 2003, made by Mr Jon-Paul Stubbings, the current Designated Premises Supervisor and Premises Licence Holder. A number of representations have been received by the Licensing Authority and therefore the application must be determined by the Sub-Committee.

Recommendation

·         It is recommended that the Sub-Committee considers the application and evidence of all parties involved at the hearing and then determines the application.

·         Members must determine the application in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

·         The Sub-Committee should take such steps (as described at paragraph 12.11 below) as it considers appropriate for the promotion of the licensing objectives.

Once determined, the licensing authority must provide notification of the decision including its reasons to the applicant, any person who has made relevant representations and the Chief Officer of Police for the area in which the premises is situated.

The Licensing officer outlined the application for a variation application, the application sought to amend the licence to remove all the conditions placed on the licence over 10 years ago (any conditions added on the licence before February 2011). With the exception of the mandatory conditions that are required to be included on the Licence under the 2003 Act, all other conditions on the licence are over 10 years old.

The Sub-Committee carefully considered the application taking into account the representation(s) received, statutory guidance and the Council’s Statement of Licensing Policy August 2018 to July 2023.

The applicant was not seeking any variation in respect of the licensable activities, and hours and days of operation are to remain the same.

The Committee considered fully the nature of the application and noted the papers submitted and comments made by other persons who were understood to live in the general neighbourhood of the premises, as well as the applicant and responsible authorities.

A representative of Environmental Health was present and gave evidence on previous complaints received and set out the proposed amendments to the conditions which they felt were acceptable. The committee acknowledged the work carried out by the applicant to mitigate noise nuisance from the establishment and noted additional proposed conditions set out by Surrey Police.

The Sub-Committee REFUSED  the application to a blanket removal of all conditions but felt that Environmental Health officers had taken into account changes in the current economic climate and AGREED to the variation of conditions set out in their report as well as the proposed conditions set out by Surrey Police (set out below).  The Sub-Committee had heard about Noise concerns regarding the premises and did not feel it was appropriate to remove all the conditions set out. 

Variations of Conditions:

Condition 1. REMOVE CONDITION

The licensee shall install a lobby to the main entrance, so as to provide two sets of doors separating the bar area from the outside of the

premises. All doors shall be fitted with self-closers and maintained in good working order. The distance between the inner and outer doors shall be sufficient to ensure that one door set is normally closed as people pass through the lobby.

Condition 2. AMENDED WORDING

External doors and windows serving the licensed area shall be kept shut during all licensable activity after 8pm. Doors may be opened for normal entrance and egress of people but must be shut immediately thereafter, self-closers shall be maintained in good working order.

Condition 3. REMAINS AS SET OUT.

The outside seating area shall not be used for any purposes between 23:00hours and 08:00 hours.

Condition 4. REMAINS AS SET OUT

The licensee shall display notices at all public exits requesting customers to take all steps to minimise noise once they have left the premises. The wording and size of such notices shall be agreed in writing with the Environmental Health Section at Waverley Borough Council.

 NOTE: Notice sizes would usually be between A4 and A5 size, and must  ...  view the full minutes text for item 40.

To consider any legal advice relating to any applications in the agenda.

The Council’s Solicitor was asked to advise the Sub-Committee on suitable wording for their decision.