Agenda and minutes

To elect a chair for the purposes of the meeting.

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

The purpose of the report is to enable the Sub-Committee to consider an application for a new Premises Licence for The Nest Coffee Shop, 9A High Street, Bramley GU5 0HF under section 17 of the Licensing Act 2003. Two relevant representations have been received from ‘other persons’, in opposition

•           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 The Nest Coffee Shop for the supply of alcohol at 9a High Street, Bramley, GU5 0HF for the hours  set out in the application, subject to the amended and clarified alcohol on sale times of:

Monday to Thursday 12 midday to 4.30pm

Friday to Saturday 12 midday to 10.30pm

Sunday 12 midday to 3pm

And the condition that the rear  outside area (garden) shall not be used after 7.30pm on Friday or Saturday.

Reasons

This was an application by Ms Clayton for a premises licence in respect of the premises known as The Nest Coffee Shop, 9a High Street, Bramley, GU5 0HF.

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

It was noted that the representations raised concerned the licensing objectives of the prevention of public safety (ensuring access for emergency services) and public nuisance (noise). The sub-committee noted that there had been no representations received from ‘responsible authorities’. Although some of the representations alluded to concerns relating to parking, the sub-committee noted that evidence provided of inconsiderate parking was from the local bonfire night celebrations and beyond the direct control of the business concerned, the issues raised were not necessarily linked to the premises in question. It was noted that signage directing customers to the rear car park had been removed.

The sub-committee was pleased to the applicants willingness to listen to the objectors comments and to reduce the hours sought for the sale of alcohol to address concerns raised.

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, and in particular the concerns regarding use of the rear garden. It was felt that sufficient consideration had been given to the proximity and the steps set out within the application’s operating schedule were also sufficient in all the circumstances and reflected the licensable activities proposed.

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 reaching the decision the sub-committee had regard to all the relevant considerations and considered that this decision was appropriate and proportionate.