Agenda item

The purpose of the report is to enable the Sub-Committee to consider an application from Louis Henry Harley Richard for a new premises licence for Browns, 6 Bank Buildings, 159 High Street, Cranleigh Surrey GU9 8BB, 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 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 Committee received a report for an application from Louis Henry Harley Richard for a new premises licence for Browns, 6 Bank Buildings, 159 High Street, Cranleigh Surrey GU9 8BB, where 1 relevant representation has been received.

The applicant was present with a family member and confirmed that they had received the papers prior to the meeting. The representation had been received from Cranleigh Parish Council who were not present at the meeting. Their concern was in relation to antisocial behaviour resulting from the selling of alcohol later in the evening and although agreed that alcohol could be sold, felt that this should stop at 2pm.

The applicant confirmed that they were seeking the Sale of Alcohol (On the premises only) 1200 to 2200 Monday to Sunday and Opening hours 0800 to 2300 Mondy to Sunday. However, they were not intending to be selling alcohol or opening to that time, it was more for when there were events in the town such as the bonfire when people may want to stay later. They confirmed that they were primarily a tea shop selling light meals and people may want a drink with their meal. They agreed that they wouldn’t allow alcohol in the courtyard and only on the marked lines in the plan.                              

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:

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 as it did not consider that there was sufficient substantiated evidence to reject the application.  However, taking into account the concerns of the objectors, Cranleigh Parish Council, the Sub-Committee amended the licensing hours (as agreed by the applicants at the meeting) and added conditions, all of which were also agreed by the applicants at the meeting, to the licence as follows.  The amendments and the additional conditions were proportionate and appropriate to address the licensing objective(s) relating to Prevention of Crime & Disorder and Prevention of Nuisance.

As agreed by the applicants at the meeting the following hours apply to the licence   

         Sale of Alcohol: (On the premises (pink area only)) from 1 October to 31 May

                     1200 to 2030 Monday to Sunday

         In the same period Opening hours:

                     0800 to 2130 Monday to Sunday

         Sale of Alcohol: (On the premises (pink area only)) from June to September

                     1200 to 2100 Monday to Sunday

         In the same period Opening hours:

                     0800 to 2200 Monday to Sunday

The Sub-Committee also agreed to a seasonal variation for the supply of alcohol for the following hours on these specific occasions: New Years Eve and Cranleigh Bonfire Night:

         Sale of Alcohol: (On the premises (pink area only))

                     1200 to 2200 Monday to Sunday

         In the same period Opening hours:

                     0800 to 2300 Monday to Sunday

In addition, the following conditions were also are imposed on the License:

1.         Sale of alcohol only to be in the pink areas of the site plan and no alcohol to be taken out side of this area.

The Sub-Committee also noted and agree that the plans be amended so that the tables and chairs were no longer as detailed but that the maximum capacity of the establishment be 20 seated persons (no standing). The Customer retail area on the plans (the pink line) was also the only area for the sale of alcohol as noted in the above condition.