Agenda item

The purpose of this report is to enable the Sub-Committee to consider an application for a variation to the Premises Licence of The Red Lion, 1 Mill Lane, Godalming, Surrey, GU7 1HF, from Westgate Brewery, the current Premises Licence Holder.  The application has received 13 representations from ‘other persons’.

Recommendation

The Sub-Committee is requested to consider the application for the variation of the 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 modify the conditions of the premises licence, whether by alteration or omission of conditions or the addition of new conditions. Any  conditions must be appropriate for the promotion of the licensing objectives, proportionate and should address the matters raised in the representations

•           To reject the application in whole or part.

The Sub-Committee received a report on an application for the variation to an existing premises licence for the Red Lion, 1 Mill Lane, Godalming. The application had received 13 representations from ‘other persons’ but none had been received from responsible authorities.

The Sub-Committee was advised that the applicant sought to amend the layout of the premises and also sought the following amendments:

·        extend the live & recorded music hours until 0100 on a Friday & Saturday

·        extend the live & recorded music hours until 0000 on a Monday to Thursday

·        Late Night Refreshment to be permitted Monday to Thursday from 2300 till 0000

·        Extend the alcohol sales until 0000 Monday to Thursday

·        Non standard timings added

·        Opening hours Monday to Thursday 1000 till 0030, Friday & Saturday 10.00 till 0130 and Sunday 10.00 till 2330

·        Remove a number of conditions and add some new ones

The Committee asked a number of questions in relation to the use of the outdoor space, staffing arrangements and particular concerns regarding noise emanating from the premises. The Applicant explained how the premises had changed in management and they were looking to attract different clientele. The new layout would also prevent noise and they would have good management in place to prevent inappropriate behaviour/nuisance.  

Following the conclusion of questions, the Sub-Committee then withdrew and the Council’s Solicitor confirmed she had been asked to advise the Sub-Committee during their deliberation on the wording of their decision which was as follows:

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

The Sub-Committee agreed to grant the variations listed below to the licence as it did not consider that there was sufficient substantiated evidence submitted by the objectors to refuse the entire application.  The Sub-Committee had heard about complaints regarding noise emanating from the premises.  However, there was nothing that had been submitted since 2013 to substantiate this.

In terms of changing the hours for regulated entertainment Friday and Saturday, the Sub-Committee were in agreement that these could increase as requested. And, similarly agreed the changes for seasonable variations and for Licensable activities on Monday to Thursday.

The Sub Committee were in agreement for the removal of condition 7 in relation to small band/single or duo entertainment on the license and the juke box condition.

The Sub-Committee were also in agreement of the removal of the restrictions outlined in pages 16 and of the agenda report. However, the Sub-Committee have decided not to remove the restriction on the hours of use of the patio to the rear of the premises.   This area occupies an exposed position with an open space between it and nearby dwellings across which sounds can travel unhindered. No compelling reason was given for the change and the sub-committee considered that its use at such a late hour when there is little other background noise has the potential for causing serious disturbance to local residents.

The Sub-Committee were in agreement with all the conditions suggested on pages 36 and 37 of the agenda report. But, Reference to Sussex police should be amended to Surrey Police throughout the application. Condition 10 should also be amended to delete the word “in” from the 4th bullet point and to add that the book being kept on the premises should be made available for reasonable inspection by competent authorities. 

The Sub-Committee noted the concerns from local residents and encouraged them, if there are problems in the future to bring them to the attention of the local authority with supporting evidence, but also encourage them, in the first instance, to speak with the applicants and seek an amicable solution.