Agenda and minutes

To elect a chairman for the purposes of this meeting.

Cllr Patricia Ellis was elected as Chairman for the purpose of this meeting.

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.

Cllr Jerome Davidson declared a non-registerable interest in Item 4 – Application to vary premises Licence – Carlo Italian Bistro.

He advised that he was a regular patron to this establishment but that he had an unbiased and open mind to the application.

The police representative requested a deferment of this item due to the barrister for the police calling in sick that day.  The Committee considered the request and decided that in consideration of justice being served they would allow the deferment.

It was agreed with all parties to defer the item to the 17^th October 2022.

Summary and Purpose

The purpose of the report is to enable the Sub-Committee to consider an application

for a variation to the Premises Licence of Carlo Italian bistro, 3 Hampton Terrace, Beacon Road, Beacon Hill, Surrey GU26 6NR section 34 of the Licensing Act 2003, made by Manuel Rocha as agent on behalf of Papagni Ltd, the current Premises Licence Holder. A representation has 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 13.10 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 sub-committee heard from the applicant who outlined the application in summary and provided further detail. The applicant confirmed the extension of hours and arrangements sought were with a view to allowing evening clientele to remain on the premises longer and provide flexibility for the business.

The licensing sub-committee considered all of the oral and written representations before it made its decision.

The sub-committee noted concerns raised in the written representations regarding planning issues, which were distinct from considerations of and the remit of the licensing sub-committee, as confirmed in the Council’s statement of licensing policy at paragraph 18.4.

In relation to the written representations made relating to noise nuisance, the sub-committee noted and considered carefully the comments received, however, felt that the issues were based on possible concerns only, and within the licensing policy the suggestion was that appropriate focus ought to be on the most sensitive periods (2300 hours to 0800) which were outside the proposed hours of operation of the establishment in any event. The sub-committee also considered the character or the area and nature of the proposed activities, noting that the establishment was intended to primarily operate as a restaurant venue, with evening sittings, rather than being considered as a drinking establishment.

In relation to general noise concerns raised (public nuisance), the Sub-Committee was satisfied overall with the arrangements in place and responsible attitude of the applicants and it was felt that further conditions would not be necessary in order to promote the licensing objectives on the basis of the evidence before the sub-committee. Further, the sub-committee recognised the important role of the business in the local community, acknowledged within the statement of licensing policy, and as evidenced by individuals who had provided references.

With regards to the licensing objective of public safety, the sub-committee noted that some concerns had been raised about safety of those in the general vicinity of the premises. However, the Council’s statement of licensing policy recognises that the licensing objective of public safety concerns the physical safety of people at the premises, rather than further afield and the policy expressed an intention to work closely with other agencies such as Surrey Police (who notably did not raise any particular concerns to this end).

In reaching this decision the sub-committee had regard to all the relevant considerations including the statutory guidance and Waverley’s statement of licensing policy as well as the four licensing objectives and considered that this decision and the single additional condition offered was appropriate and proportionate for the promotion of the licensing objectives.

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