Agenda and draft minutes

Licensing Sub-Committee C - Monday, 28th February, 2022 10.00 am

Venue: Council Chamber

Contact: Georgina Hall  Democratic Services Officer

Items
No. Item

6.

ELECTION OF CHAIRMAN

To elect a Chairman for the purposes of the meeting.

Minutes:

Cllr Robert Knowles was elected as Chairman for the purposes of this meeting.

7.

LICENSING ACT 2003 - APPLICATION FOR A STREET TRADING LICENCE- MILFORD & WITLEY LTD, CHURCH ROAD, MILFORD, GODALMING, GU8 5JA pdf icon PDF 356 KB

Purpose

 

To determine an application for a license to trade in a designated consent street.

 

Recommendation

 

That the Licensing Committee reviews consultation feedback and determines the application of Milford & Witley Ltd for a consent to trade at Church Road, Milford, GU8 5JA.

Minutes:

The Sub Committee proceeded to grant the street trading consent as applied for by Milford and Witley Limited for a period of 12 months

 

Licensable activity 

Timings

Days

Permitted trading hours

17 00 hours to 23 00 hours

Monday to Sunday

 

Conditions

 

Standard Consent Conditions only

 

Reasons

 

After taking into account the written representations from the parties and the oral representations from parties at the hearing, the Sub Committee considered the concerns raised in the objections to the application from Surrey Police as well as the comments in support from the Parish Council. The Sub Committee also considered the material in support (petition) provided by the applicant which in summary confirmed that many customers and local residents were in support of the business at this location, that it provided a valued service locally, and that they did not perceive there to be any direct link or association with the business to the anti-social behaviour in the area.

 

It was noted that the concerns related to the perceived public nuisance arising from anti-social behaviour in the area, although no substantiated evidence was provided to the Sub Committee to this effect.

 

In reaching its decision the Sub Committee considered the Street trading policy and the Local Government (Miscellaneous Provisions) Act 1982 - Schedule 4 Street Trading.

 

Right to appeal

 

A person aggrieved by the decision of the Licensing Sub Committee may make an application to the High Court for judicial review of the decision.

 

8.

LICENSING ACT 2003 - APPLICATION FOR A NEW PREMISES LICENCE - HILLTOP KITCHEN, COMBE FARM BUILDINGS, ALLDENS LANE, GODALMING, SURREY, GU8 4AP pdf icon PDF 173 KB

Purpose

 

The purpose of the report is to enable the Sub-Committee to consider an application for a new Premises Licence for Hilltop Kitchen, Combe Farm Buildings, Alldens Lane, Godalming, Surrey, GU8 4AP under section 17 of the Licensing Act 2003.  Fifteen relevant representations have been received from ‘other persons’, 2 in support and 13 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.

 

 

Additional documents:

Minutes:

The Sub-Committee carefully considered the application for a new premises licence, taking into account the representation(s) received, representations made, statutory guidance and the Council’s Statement of Licensing Policy (August 2018 to July 2023).

 

Decision

 

That the application made by Pickle and Wedge Limited for a new premises licence be granted under the Licensing Act 2003 in respect of the premises known as Hilltop Kitchen, Combe Farm Buildings, Alldens Lane, Godalming, Surrey GU8 4AP as follows:-

 

         Sale of Alcohol: (on the premises only)                    

1200 to 1800 Monday to Wednesday

1200 to 2300 Thursday to Sunday

 

         Opening hours:

0900 to 1800 Monday to Wednesday

0900 to 2300 Thursday to Sunday

 

Conditions

 

The operation of the premises under the licence shall be subject to the relevant mandatory conditions, conditions derived from the operation schedule highlighted in section M of the application form and the additional conditions agreed by the applicant with Surrey Police (set out on page 42 and subsequent pages of the Committee report). In addition, the Sub-Committee accepted the applicant’s offer set out below in relation to storage / disposal of glass:-

 

1. The premises licence holder will ensure that glass bottles will not be placed in external refuse receptacles after 1900 hours

 

Reasons

 

The reasons for the decision are as follows:-

 

The licensing sub-committee heard from the applicant who through his advocate 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 events and provide flexibility for the business. The applicant in its written application clarified that were the committee minded to grant the application, it would be their intention to surrender the licence which was already in place.

 

The licensing sub-committee considered all of the oral and written representations before it

 

It was apparent to the sub-committee from the committee papers and representations made that the applicant had engaged with the representative of Surrey Police (Licensing Officer) in advance of the hearing. It was noted that a number of conditions had been agreed to address concerns regarding the licensing objective of crime and disorder (as well as others).

 

The sub-committee noted in line with the s182 statutory guidance the Police should be viewed as the main source of advice and expertise on this licensing objective. The sub-committee noted that in addition to addressing the licensing objective of prevention of crime and disorder, the Police had not felt it necessary to suggest further conditions beyond those agreed with the applicant regarding the separate licensing objectives of public safety, prevention of nuisance (which had been raised by objectors) and or protection of children from harm.

 

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  ...  view the full minutes text for item 8.

9.

LEGAL ADVICE

Minutes:

The Committee received legal advice whilst considering the application.