Agenda and draft minutes

To elect a Chairman for the purpose of this meeting.

Cllr Jacquie Keen was elected as chair for the purpose of the hearing.

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 interests declared in relation to this meeting.

Summary

An application has been received for a review of a Club Premises Certificate  from ‘other persons’, in respect of the Godalming Naval Club, 88 Meadrow, Godalming Surrey GU7 3HY. 12 responses to the review notice procedure have been received, one from a responsible Authority in support of the review and 11 from ‘other persons’ in support of the premises. A copy of the redacted application is attached at Annexe 1.

Recommendation

It is recommended that the Sub-Committee determine the application to review.

The Licensing Sub-Committee convened in person on 20 November 2023 to determine the application.

The Licensing Sub-Committee carefully considered all of the relevant information including:

•        Written and oral representations made by the parties and interested persons

•        The Licensing Act 2003 and the steps appropriate to promote the licensing objectives

•        The Guidance issued under section 182 of the Licensing Act 2003 (the statutory guidance)

•        Waverley Borough Council’s statement of licensing policy

•        The Human Rights Act 1998

The Licensing Sub-Committee took into consideration the committee report, and the application form which sought to review the club premises’ licensable activities

During the consultation process, 12 representations were received from interested persons (one from a responsible authority in support of the review and 11 from other persons in support of the premises) which formed part of the committee report, and which were expanded upon during the course of the hearing. Within the application a number of representations were made including elements not relevant to the licensing objectives. The representations received centred around perceived issues of noise and nuisance associated with the outdoor area of the premises used by members and staff of the club.

The Sub-Committee also viewed seven videos submitted by the applicant  to highlight the reported disturbance and nuisance. The representatives of the club advised that since these videos had been taken a number of mitigating actions had been taken by the club to reduce potential complaints of noise and nuisance to neighbours. The club representatives also refuted the allegations of excessive noise and disturbance and made counter-allegations.

The Sub-Committee considered the application as well as the representations received both in support and against the review. In reaching their decision, the Sub-Committee had regard to all the relevant evidence, information and submissions from those present and the licensing objectives. The Sub-Committee then reached its review decision in an appropriate and proportionate manner.

The Sub-Committee resolved that:

‘Having heard all the evidence from both sides, and taking into account the evidence from the responsible authority and licensing officer visits, the committee are satisfied that the current licensing conditions and operating schedule are sufficient to satisfy the licensing objectives.’

‘The committee recommend the addition of three conditions to the licence, namely:

•        Prominent, clear, and legible notices must be displayed at all exits and, in the garden area, requesting the public to respect the needs of local residents, and to use the garden area and leave the premises quietly.

•        On busy evenings noise from the garden area should be checked regularly and excessive noisy patrons asked to stop the noise or leave the premises.

•        No tables/chairs shall be placed immediately adjacent to the boundary fence.

It was felt the other two proposed conditions set out in the report from the responsible authority were not practical nor necessary. .

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

Legal advice was sought throughout the hearing and deliberations.