Agenda item

The purpose of the report is to enable the Sub-Committee to consider an application for a new Premises Licence for Cranes Family Sports Bar, Snoxhaal Pavillion, Snoxhall Fields, Knowle Lane, Cranleigh GU6 8JW under section 17 of the Licensing Act 2003. Five relevant representations have been received from ‘other persons’, 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 received a report from the Licensing & Environmental Enforcement Manager, Paul Hughes. The application before the Sub-Committee was for a new premises licence for the supply of alcohol at Snoxhall Pavilion. No representations had been received from Responsible Authorities. Five representations had been received from other persons, two of whom were present at the hearing:

·         Cllr Marc Scully, Chair, Cranleigh Parish Council, accompanied by Beverley Bell, Clerk to Cranleigh Parish Council

·         Natasha Dhall, owner of Little Hearts Nursery, Snoxhall Pavilion, Cranleigh

The Chair invited the applicant, Mr Dennison, to make his submission in support of his application. Mr Dennison stated that:

·         The football club had previously held a licence and the bar had been run by volunteers, but this arrangement had ceased some time ago due to the difficulty in maintaining a rota of volunteers.

·         The football club was growing, and Mr Dennison wanted to reintroduce the previous facilities, but on a more formal basis with paid staff.

·         The bar had been operating for a couple of months and there had been no issues with the nursery. Mr Dennison was looking to add the flexibility to open during the day in the school holidays when the nursery was closed.

·         The bar was situated near to the Downs Link and the children’s play area so there was the potential for a lot of passing trade beyond the users of the Pavilion.

·         The longer term plan was to raise funds for local clubs and charities through making the premises available for events and parties. Approx. £2,500 had been raised in the 2 months the bar had been operating.

·         The bar was the hub of the Cranleigh sporting community, and offered snacks, teas, coffees and soft drinks as well as alcohol during licenced hours.

In response to questions from the Sub-Committee, Mr Dennison advised:

·         The proceeds from the previous licensed operations financed the rent paid to the Parish Council for the Pavilion hire.

·         In future, the surplus would cover the cost of staffing the licensed operations. Mr Dennison was not looking to take a profit from the operations, but to provide a service to the sporting community. The Pavilion had been built with a bar so it was anticipated that this would be part of the operations of the Pavilion.

·         The bar would not be open when the nursery was operating. It had been operating via Temporary Event Notices (TENS) for the last two months and there had not been a problem with alcohol related incidents. He wished to have the flexibility to open during the day in school holidays (when the nursery was not open), subject to the agreement of the Parish Council.

·         CCTV was provided by the Parish Council. Beverley Bell confirmed there were 20 cameras around the Pavilion, all were working and under a maintenance contract.

The Chair invited the other persons to make their representations.

Cllr Marc Scully, Chair of Cranleigh Parish Council read a statement on behalf of the Parish Council, in support of the Parish Council’s objection:

·         Snoxhall Field was the primary park in Cranleigh and saw heavy use by the football club and other recreational users.

·         There had been some anti-social behaviour in the area and volunteers had to inspect the football pitches for dangerous items before football matches.

·         The fenced patio area was shared with the nursery, and there had been occasions when the nursery had had to clear up broken glass and cigarette butts before opening.

·         The Parish Council was concerned about encouraging off-sales of alcohol, and wanted these to be limited to events that had been given prior approval by the Parish Council, to meet the licensing objectives of preventing crime and disorder and promoting public safety. 

·         The Parish Council did not support gambling machines on the premises and asked that these be excluded from the Premises Licence, if granted. This was in furtherance of the licensing objective of protecting children from harm. The Parish Council was concerned that there had been a poker club running on the premises.

·         The Parish Council was concerned that the requested hours for sale of alcohol did not match the permitted hours for use of the premises and asked that the permitted hours in the Premises Licence match the hours in the licence agreement for the hire of the Pavilion. This was in furtherance of the licensing objective for the prevention of public nuisance.

The Sub-Committee Chair reminded Cllr Scully that it was important to remember that the applicant required two separate permissions in order to operate: the licence to occupy issued by the Parish Council, and the Premises Licence issued by the Council as Licensing Authority. This gave the Parish Council effective control over when the bar could open.

With regard to the gambling machines, the Chair advised that there was an automatic entitlement with a Premises Licence for two gambling or gaming machines. The Council’s Licensing Solicitor advised that the Licensing Authority could make an order to remove the entitlement, but would need to follow the procedure set out under s.284 of the Gambling Act 2005 and had no discretion to remove the entitlement as part of granting the Premises Licence.

In response to Mr Scully’s statement, and questions from the Sub-Committee, Mr Dennison advised:

·         The poker club mostly operated without any gambling taking place.

·         He wanted the option of having gambling or gaming machines in order to cover the cost of the subscription to show televised football matches. The machines would be put into store at the end of each session.

·         CCTV had shown that the broken glass on the shared patio area had not been due to the licensed activities at the Pavilion. Mr Dennison made every effort to clear all cigarette butts from the patio area that was shared with the nursery. There was signage to remind customers not to take glasses or bottles outside, and plastic glasses were provided for anyone drinking on the patio.

In response to a question, Cllr Scully advised that the aim of the Parish Council was to enable a service to be provided to the community. The Parish Council recognised that the premises was a sports pavilion, but it was also used by a nursery, and the uses needed to be balanced. The Parish Council would prefer to limit licensed activity initially and monitor the impacts, with the potential to expand licensed activity in the light of experience.

Natasha Dhall made the following submission in support of her objection:

·         She disagreed with Mr Dennison’s statement that the arrangement with the nursery had worked well over the last two months and it did not compare well with the previous three years when the bar had not been open.

·         Changing the use of the patio area between the nursery and the bar on a regular basis brought additional risks to the nursery, and an extra burden for the nursery staff to ensure that the area was free from any broken glass, cigarette butts or litter.

·         The shared use of the patio was not in the best interests of the children attending the nursery and risked their safety and well-being.

The applicant, Mr Dennison responded that he was permitted to use the patio area under the licence to occupy agreement with the Parish Council. The Parish Council arranged for a thorough clean of the premises on a Sunday night, before the nursery opened on a Monday, and he disagreed with the view that the premises were left if a poor state of cleanliness.

Mr Dennison added that he did not currently have any gambling or gaming machines on the premises. His inclination was to have a gaming machine rather than a gambling/fruit machine.

The Chair invited Mr Dennison to make any closing comments.

At 10:55am the Sub-Committee withdrew to consider the application and the representations made in person and in writing.

At 11:10am the Sub-Committee returned.

Having considered the submissions made by all parties, statutory guidance, Waverley’s Statement of  Licensing Policy, as well as the four licensing objectives, the Sub-Committee:

RESOLVED to grant the new premises licence for Cranes Family Sports Bar Ltd for the supply of alcohol at Snoxhall Pavilion, Snoxhall Fields, Knowle Lane, Cranleigh GU6 8JW, as set out in the application, subject to conditions to ensure the removal of litter and waste from the premises, including provision of sufficient ash trays and regular sweeping of the area to keep it clear of cigarette butts.

Reasons for the decision

In reaching their decision to grant the application, the Sub-Committee considered both written and oral representations from the applicant and other persons.

The Sub-Committee was mindful of the concerns expressed regarding the impact of licensed activities on the Little Hearts Nursery, the proximity to the children’s playground, and the sport pitches. However, there was no tangible, objective evidence submitted to support these concerns that would enable the Licensing Authority to refuse the application.

The Sub-Committee was mindful of the fact that, notwithstanding the permitted hours within the Premises Licence, the times during which Sports Bar could operate was controlled by the Occupational Licence Agreement granted by Cranleigh Parish Council.