Agenda item

Purpose and Summary

The purpose of the report is to enable the Sub-Committee to consider an application for a new Premises Licence  for Blue Bear Bookshop, 3 Town Hall Buildings, The Borough, Farnham, Surrey GU9 7ND under section 17 of the Licensing Act 2003, made by Blue Bear Bookshop Ltd. Three relevant representations have been received from ‘other persons’ and conditions have been agreed between Environmental Health and the applicant.

Reccommendation

·         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 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 received a report for an application for a new premises licence for the Blue Bear Bookshop in Farnham.  Three objections had been received from Farnham Town Council, Councillor David Beaman (Ward Councillor) and one resident.

The applicant was present and gave a statement on the application advising he was looking to provide provision for events ancillary to the bookshops prime purpose such as plays, films, indoor sporting events, live music, recorded music, dance performances, late night refreshments and supply of alcohol at these events. Farnham Town Council and the resident who had objected were not present at the meeting.  Councillor Beaman, Ward Councillor for Farnham read out his objection which related to concerns regarding noise and nuisance to those living above and in the vicinity of the premises.

The sub-committee enquired of the applicant why he had applied for such extensive hours for the sale of alcohol when this was an ancillary purpose to the bookshops main function?  He explained this was to allow for flexibility according to what type of event was taking place.  He did however agree that the provision of alcohol from as early as 7am was possibly not needed.

The applicant advised he did not currently have any schedule of events so therefore was unable to give a guide as to how many events would be taking place.

The applicant also advised that they wished to provide sufficient ‘drinking up’ time, and therefore requested that closing be half an hour after the agreed time for the sale of alcohol.

At 10.55am, following the conclusion of questions, the Sub-Committee withdrew to consider the application. The Sub-Committee reconvened at 11.42 and the Council’s Solicitor confirmed she 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 received from Farnham Town

Council, Councillor Beaman, a Farnham resident, statutory guidance and the Council’s Statement of Licensing Policy 2018-2023 and felt it was reasonable and proportionate to reduce the licencing hours applied for to promote the licensing objectives.

   Regulated Entertainment (Live and Recorded music)

                     1100 to 2300 Friday and Saturday

                     1100 to 2300 Sunday

   Regulated Entertainment (Films)

                     0800 to 2300 Friday and Saturday

                      0800 to 2300 Sunday

   Late Night Refreshment: (Indoors and outdoors)

                     0800 to 2300 Friday to Sunday

   Sale of Alcohol: (on the premises only)

                     1100 to 2300 Friday to Sunday

q  Opening hours:

                                      0800 to 2330 Monday to Sunday

The Sub-Committee has agreed to GRANT the licence (subject to revised times) as it did not consider that there was any substantive evidence submitted by any party to refuse the application.  The Sub-Committee had heard all Noise/Nuisance concerns submitted regarding the premises. 

The Chairman advised should the applicant find that once he has a schedule of events in place that the hours permissible are not appropriate he can apply for a Temporary Event Notice (TEN) or apply for a variation to his licence showing evidence as to why this is necessary.

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