Agenda and minutes

Licensing Sub-Committee A
Monday, 30th March, 2015 10.00 am

Venue: Council Chamber, Council Offices, The Burys, Godalming. View directions

Contact: Maureen Brown  Democratic Services Officer

Items
No. Item

1.

Election of Chairman

To elect a Chairman for the Sub-Committee A meeting.

Minutes:

Cllr Simon Inchbald was elected Chairman for this meeting of Sub-Committee B.

2.

Disclosure of Interests

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

Minutes:

There were no interests declared.

PART I - RECOMMENDATIONS TO THE COMMITTEE

There were no matters falling within this category.

PART II - MATTERS OF REPORT

Background Papers

 

The background papers relating to the following report items in Part II are as specified in the agenda for the Committee.

3.

LICENSING ACT 2003 - APPLICATION FOR VARIATION TO AN EXISTING PREMISES LICENCE - FRENSHAM POND HOTEL, BACON LANE, CHURT, FARNHAM SURREY, GU10 2QD pdf icon PDF 36 KB

The purpose of the report is to enable the Sub?Committee to consider an application for variation to the Premises Licence of Frensham Pond Hotel, Bacon Lane, Churt, Farnham, Surrey, GU10 2QD, from Mr Kevin Halstead the current Premises Licence Holder and Designated Premises Supervisor. Representations have been received from 18 ‘other persons’.

Note: The premises licence holder is currently being transferred from Mr Kevin Halstead to Demibourne Ltd T/A Frensham Pond Hotel.

Recommendation

 

1.            The Sub-Committee is requested to consider the application for the    variation of the premises licence on its merits.

 

2.         Section 35(3) Licensing Act 2003 provides that the Sub-Committee, having regard to the representations made by ‘other persons’,  must take such steps as it considers appropriate for the promotion of the licensing objectives. Those steps are:

 

·         To modify the conditions of the premises licence, whether by alteration or omission of conditions or the addition of new conditions. Any additional or altered conditions must be appropriate for the promotion of the licensing objectives, proportionate and should address the matters raised in the representations

 

·         To reject the application in whole or part.

 

 

Additional documents:

Minutes:

The Applicant, their Counsel and Instructing Solicitor attended the meeting.  The Applicant’s Counsel  advised that some complaints regarding planning constraints, disturbance to wildlife and financial/property issues were not covered by the Licensing Act and therefore could not be taken into consideration.

 

The Democratic Services Manager introduced the report and explained that this was an application to vary the original licence to which 18 valid representations had been received.  Environmental Health had made a representation which had resulted in an amendment to the application.

 

Counsel to the applicant then outlined the work that had been undertaken to modernise and increase facilities at the Hotel, including groundwork to level an area of the Hotel grounds in order to accommodate a marquee for wedding functions. 

The marquee would have acoustic properties as far as possible and speakers relaying music would be directed away from the Hotel.  External noise would be monitored and only allowed up until 10pm.  The Hotel anticipated that events in the marquee would only take place between May-September and be limited to 2 per month.

 

Following questions from the Sub-Committee the Applicant said that he had not received any formal complaints from local residents in 23 years.  He had spoken in passing to a local resident who had made a passing comment about noise nuisance from fireworks, but had made no formal complaint.  For safety reasons a double rope had been erected around the pond and staff would be on duty outside when events were taking place in the marquee.

 

The objectors present then made their representations.  The Chairman advised the objectors that the concerns raised in the agenda papers had been noted by the Sub-Committee and asked whether there were any further issues or amplification they wished to make. Their main concern was regarding public nuisance and how noise could be regulated.  Local residents said that they had been affected by noise from music and patrons leaving the premises on numerous occasions in the past and were not confident that the Hotel would be able to regulate noise, especially with staff who may be young and inexperienced.  Another issue raised was non-communication with local residents; the Hotel had not informed their neighbours of their intention to make improvements, replace a large hedge with a wall nor that they had made an amendment to their application prior to the meeting.  There was a litter problem with discarded rubbish along the lane and the front of neighbours property and significant noise and safety problem when guests left the Hotel late at night down a dark, narrow lane. 

 

The Council’s Solicitor advised that issues raised by the objectors had not been corroborated by complaints to the Police.  Incidents that had taken place in the past was not evidence of what might occur in the future.

 

Counsel to the Applicant said that to allay the concerns of local residents the Applicant was prepared to  accept Conditions to the licence regarding, among other things, maximum number of guests allowed at a function and the  ...  view the full minutes text for item 3.