Agenda and minutes

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

Councillor Bob Upton was appointed as Chairman for this meeting.

To agree the Minutes of the Meeting held on 11 December 2017 which had been laid on the table half an hour before the start of the meeting.

The minutes of the meeting that took place on 11 December were confirmed and signed.

The purpose of the report is to enable the Sub-Committee to consider an application from Bada Bar Ltd for a new premises licence for Bada Bar Ltd, 10 Queen Street, Godalming, Surrey GU7 1BD, where 1 relevant representation has been received. 

Recommendation

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

Section 35(3) Licensing Act 2003 provides that the Sub-Committee, having regard to the relevant representations made, must take such of the following steps (if any) as it considers appropriate for the promotion of the licensing objectives:

·        To grant the licence application subject to such conditions as are consistent with the operating schedule modified to such extent as the Sub-Committee considers appropriate for the promotion of the licensing objectives, and any mandatory conditions;

·        To exclude from the scope of the licence any of the licensable activities to which the application relates;

·        To refuse to specify a person as the premises supervisor;

·        To reject the application.

The Sub-Committee received a report outlining an application for a new premises licence for Bada Bar Ltd, 10 Queen Street, Godalming, Surrey GU7 1BD. The application had received 1 relevant representation from ‘other persons’ but none had been received from responsible authorities.

The application sought a new licence that would authorise the sale of alcohol for

at the times shown below.

         Late Night Refreshment: (Indoors only)

            2300 to 0000 Friday & Saturday

         Sale of Alcohol: (On the premises only)

            1200 to 2230 Tuesday to Thursday

            1200 to 2330 Friday & Saturday

            1200 to 1530 Sunday

         Opening hours:

            1200 to 2300 Tuesday to Thursday

            1200 to 0000 Friday & Saturday

            1200 to 1600 Sunday

The Sub-Committee invited the applicant to outline their application and Members also heard the concerns from the person who made the objection.

Following the conclusion of questions, at 10.30am, the Sub-Committee withdrew to consider the application. The Sub-Committee reconvened at 11.04am and the Council’s Solicitor confirmed they had been asked to advise the Sub-Committee during their deliberations on the wording of their decision which was as follows:

The Sub-Committee carefully considered the application for a new premises licence, taking into account the representation received, statutory guidance and the Council’s Statement of Licensing Policy 2013-2018.

The Sub-Committee agreed to grant the licence as requested as it did not consider that there was sufficient substantiated evidence to reject the application for this new establishment.  The Sub-Committee did take into account the concerns of the objector, however, this was largely due to the previous establishment and it felt that the new owners were taking the necessary steps to resolve previous  issues, specifically  with the ventilation duct. Furthermore, the applicants confirmed that they were opening primarily as a restaurant and not a bar and had not applied for live music which had been the main problem experienced by residents previously. It was also confirmed at the meeting that they had used all their TENS for the year, and during that time, no complaints had been received and the residents confirmed they had not experienced noise. The applicants also confirmed that there would be no music played in the kitchen. 

In making its decision, the Sub-Committee noted all the conditions outlined in the operating schedule but wanted three additional conditions to be added to the License. One of these was already noted but not explicit that the CCTV would be  recorded and retained for 30 days with appropriate access being available to responsible authorities. Furthermore, as raised by the County Child Employment Enforcement and Strategy Manager, the two conditions outlined in page 30 of the agenda.

The Sub-Committee thanked the resident for attending the meeting and advised that if there were any issues in the future they should contact the Council.