Agenda and minutes

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

Cllr Michael Goodridge was nominated by Cllr Anna James as Chair for the purpose of this hearing.  This was agreed.

The purpose of the report is to enable the Sub-Committee to consider an application for a new Premises Licence for Huskins, 10 Queens Street, Godalming GU7 1BD under section 17 of the Licensing Act 2003. One relevant representation has been received from ‘other persons’, in opposition.

Recommendation

•           It is recommended that the Sub-Committee considers the application and evidence of all parties involved at the hearing and then determine 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 8.11 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 Committee RESOLVED to grant the premises licence for Huskins/Waffles and stuff limited for the supply of alcohol (on sales) at 10 Queen Street, Godalming, GU7 1BD for the hours  set out in the application, as amended during the course of the hearing  as follows:-

Alcohol on sales

Monday to Saturday 11am to 10.45pm

Sunday 11am to 3.45pm

Opening hours

It was noted that the applicant proposed revised opening hours of 8am to 11pm (Monday to Saturday) and 8am to 4pm (Sunday)

And conditions that the (a) no rubbish including bottles shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours; and (b) notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.

Reasons

This was an application by Waffles and stuff limited for a premises licence in respect of the premises known as Huskins, 10 Queen Street, Godalming GU7 1BD.

In reaching their decision to grant the application, the Sub-Committee considered both written and oral representations from the applicant and other persons. The Sub-committee considered the matter on its merits and in accordance with the Council’s statement of licensing policy.

It was noted that the representation received raised concerned the licensing objective of the prevention of public nuisance (noise). The sub-committee noted that there had been no representations received from ‘responsible authorities’. 

The sub-committee was pleased at the applicants willingness to listen to the objector’s comments and to address those by reducing the hours sought for the sale of alcohol with a view to addressing concerns raised.

The Committee noted that in light of the reduced hours, the application for late night refreshment (after 11pm) fell away.

The Sub-Committee was mindful of the concerns expressed regarding the impact of the existing and proposed activities on the neighbours in the close proximity of the premises (immediately upstairs). It was felt that it would be appropriate and proportionate to add conditions by way of measures to minimise the impact of refuse storage and disposal, in line with paragraph 8.5.9 of Waverley’s statement of licensing policy. In addition, it was felt appropriate to require the establishment to put in place notices reminding patrons to leave the area quietly. The committee felt that these two additional conditions were appropriate in order to promote the licensing objective regarding public nuisance.

The Sub-Committee reiterated that there are arrangements set out within the Licensing Act 2003 for reviewing premises which represents a key protection for the community where problems associated with the licensing objectives occur after the grant of a licence where appropriate to promote the licensing objectives. In addition, that licensing authorities should not duplicate other statutory provisions.

The applicant was reminded that licensing and planning systems operate independently and that any decision on an application for premises licence does not relieve the premises of any requirements under planning law. Further that premises operating in breach of planning permission may be liable to prosecution under planning law.

In  ...  view the full minutes text for item 41.

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

[Note: Reports relating to confidential or exempt information may be excluded from those copies of the agenda provided for inspection by members of the public if they relate to matters during which the meeting is likely not to be open to the public.]

Legal advice was sought by the Committee whilst making their decisions.