Agenda item

The purpose of the report is to enable the Sub-Committee to consider an application from William Herman for a new premises licence for Trew Fields, Thatched House Farm, Dunsfold Road, Loxhill, Godalming, Surrey GU8 4BW, where 1 relevant representation has been received from Environmental Health.

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 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 Trew Fields, Thatched House Farm, Dunsfold Road, Loxhill, Godalming. The application had received 1 relevant representation none had been received from a responsible authority.

The application sought for a new premises licence for a cancer health awareness event taking place across two fields for a maximum of four consecutive days between the months of May and September (a single multi-day event). The event, on a smaller scale, had previously been authorised under a Temporary Event Notice (TEN). In brief, the application proposes that the licence will authorise the two fields for Regulated Entertainment, Late Night Refreshment and the Sale of Alcohol for consumption on the premises only.

The applicant sought to license the premises as shown below:

   Regulated Entertainment (Films, Live and Recorded music)

                     0900 to 0200 Friday and Saturday

                       0900 to 0000 Sunday (following agreement with EH)

   Late Night Refreshment: (Indoors and outdoors)

                     2300 to 0200 Friday to Sunday

   Sale of Alcohol: (on the premises only)

                     0900 to 0200 Friday to Sunday

q  Opening hours:

                                      Fri 0001 to 0200 Monday

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, the Sub-Committee withdrew to consider the application. The Sub-Committee reconvened 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:

During the deliberations the Council’s Solicitor was asked to advise the Sub-Committee on suitable wording for their decision.

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

The Sub-Committee agreed to grant the licence, but, in relation to the licensing objective of public safety, and the availability of suitable water supplies, this be on the condition that any works requested by Thames Water and any necessary arrangements were completed to the satisfaction to the Environmental Health Officers in writing in advance. Or, if alternative arrangements were put in place, this must be to an acceptable standard and approved by Environmental Health officers in writing in advance. This would be added as a condition of the licence.  

The Sub-Committee had further concerns in relation to the licensing objective of protection of children from harm and nuisance, and therefore, amended the hours for licensable activity. It was noted that the applicant, following discussion with Environmental Health, had revised its timings for regulated entertainment on a Sunday to midnight but the Committee felt that all hours for licensable activity be reduced to finish at 0100hours with opening time being 30 minutes beyond this, for clarity this was 0130hours. This is except for Sunday which would be 0000 with the closing time at 0030 as already agreed. Furthermore, the Sub-Committee agree that the opening time for Friday be amended to 1700hrs. 

 The Sub-Committee noted that the event operated successfully last year with use of a Temporary Event Notice. However, as a new permanent licence which would allow for a lot more people attending the event all the additional conditions noted in the agenda papers at page 45 (annexe 5) must be placed on the licence. This was in order to address concerns relating to nuisance, and public safety and it was noted that the applicant had already agreed to adopt these. 

The Committee also required that the licence holder notified Waverley Licensing Officers and Environmental Health Officers of the date of the event no later than six months in advance of the proposed date of the event.

The Sub-Committee advised the applicant that they had a right of appeal to the Magistrates’ Court within 21 days of the decision being received in writing.