Agenda item

Purpose

The purpose of the report is to enable the Sub-Committee to consider an application for a new Premises Licence for Hilltop Kitchen, Combe Farm Buildings, Alldens Lane, Godalming, Surrey, GU8 4AP under section 17 of the Licensing Act 2003.  Fifteen relevant representations have been received from ‘other persons’, 2 in support and 13 in opposition.

Recommendation

·         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 Sub-Committee carefully considered the application for a new premises licence, taking into account the representation(s) received, representations made, statutory guidance and the Council’s Statement of Licensing Policy (August 2018 to July 2023).

Decision

That the application made by Pickle and Wedge Limited for a new premises licence be granted under the Licensing Act 2003 in respect of the premises known as Hilltop Kitchen, Combe Farm Buildings, Alldens Lane, Godalming, Surrey GU8 4AP as follows:-

         Sale of Alcohol: (on the premises only)                    

1200 to 1800 Monday to Wednesday

1200 to 2300 Thursday to Sunday

         Opening hours:

0900 to 1800 Monday to Wednesday

0900 to 2300 Thursday to Sunday

Conditions

The operation of the premises under the licence shall be subject to the relevant mandatory conditions, conditions derived from the operation schedule highlighted in section M of the application form and the additional conditions agreed by the applicant with Surrey Police (set out on page 42 and subsequent pages of the Committee report). In addition, the Sub-Committee accepted the applicant’s offer set out below in relation to storage / disposal of glass:-

1. The premises licence holder will ensure that glass bottles will not be placed in external refuse receptacles after 1900 hours

Reasons

The reasons for the decision are as follows:-

The licensing sub-committee heard from the applicant who through his advocate outlined the application in summary and provided further detail. The applicant confirmed the extension of hours and arrangements sought were with a view to allowing evening events and provide flexibility for the business. The applicant in its written application clarified that were the committee minded to grant the application, it would be their intention to surrender the licence which was already in place.

The licensing sub-committee considered all of the oral and written representations before it

It was apparent to the sub-committee from the committee papers and representations made that the applicant had engaged with the representative of Surrey Police (Licensing Officer) in advance of the hearing. It was noted that a number of conditions had been agreed to address concerns regarding the licensing objective of crime and disorder (as well as others).

The sub-committee noted in line with the s182 statutory guidance the Police should be viewed as the main source of advice and expertise on this licensing objective. The sub-committee noted that in addition to addressing the licensing objective of prevention of crime and disorder, the Police had not felt it necessary to suggest further conditions beyond those agreed with the applicant regarding the separate licensing objectives of public safety, prevention of nuisance (which had been raised by objectors) and or protection of children from harm.

The sub-committee noted concerns raised in the written representations regarding planning issues, which were distinct from considerations of and the remit of the licensing sub-committee, as confirmed in the Council’s statement of licensing policy at paragraph 18.4.

In relation to the written representations made relating to noise nuisance, the sub-committee noted and considered carefully the comments received, however, felt that the issues were based on possible concerns only, and within the licensing policy the suggestion was that appropriate focus ought to be on the most sensitive periods (2300 hours to 0800) which were outside the proposed hours of operation of the establishment in any event. The sub-committee noted by way of further support that there had already been a significant number of ‘pop up events’ at the site which had previously operated on the basis of temporary event notices (TENs) all of which had taken place successfully and without issue. The sub-committee also considered the character or the area and nature of the proposed activities, noting that the establishment was intended to primarily operate as a restaurant venue, with evening sittings effectively only on a fortnightly basis, rather than being considered as a drinking establishment.

In relation to general noise concerns raised (public nuisance), the Sub-Committee was satisfied overall with the arrangements in place and responsible attitude of the applicants and it was felt that further conditions would not be necessary in order to promote the licensing objectives on the basis of the evidence before the sub-committee. Further, the sub-committee recognised the important role of the business in the local community, acknowledged within the statement of licensing policy, and as evidenced by a number of individuals who had provided references and or attended the hearing in support.

With regards to the licensing objective of public safety, the sub-committee noted that some concerns had been raised about safety of those in the general vicinity of the premises, and with regards to the narrow road access generally. However, the Council’s statement of licensing policy recognises that the licensing objective of public safety concerns the physical safety of people at the premises, rather than further afield and the policy expressed an intention to work closely with other agencies such as Surrey Police (who notably did not raise any particular concerns to this end).

In reaching this decision the sub-committee had regard to all the relevant considerations including the statutory guidance and Waverley’s statement of licensing policy as well as the four licensing objectives and considered that this decision and the single additional condition offered was appropriate and proportionate for the promotion of the licensing objectives.

The Licensing Act 2003 has a key protection for communities that allows at any stage, following the grant of a premises licence or Club certificate, a responsible authority, such as the police or the fire authority, or ‘other persons’, such as a local resident, to ask the Licensing Authority, to review the licence, if they consider that one or more of the four licensing objectives are not being met.

Licensing Objectives;

1. Prevention of Crime & Disorder

2. Public Safety

3. Prevention of Public Nuisance

4. Protection of Children from Harm