Agenda item

The purpose of this report is to enable the Sub-Committee to consider an application for a variation to the Premises Licence of The William Cobbett, 4 Bridge Square, Farnham, Surrey, GU9 7QR, from Ms Jessica Rolfe, the current Premises Licence Holder.  The application has received 2 representations from ‘other persons’.

Recommendation

The Sub-Committee is requested to consider the application for the variation of the 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 modify the conditions of the premises licence, whether by alteration or omission of conditions or the addition of new conditions. Any  conditions must be appropriate for the promotion of the licensing objectives, proportionate and should address the matters raised in the representations

·        To reject the application in whole or part.

The applicant and current Premises Licence Holder attended the meeting and confirmed that she had received a copy of the agenda papers.

The Licensing Manager introduced the report and explained that the applicant sought a variation to the Premises Licence of The William Cobbett, 4 Bridge Square, Farnham, Surrey, GU9 7QR. The request was to extend the licensable hours for sale of alcohol on a Friday and Saturday night only, by an extra 30 minutes to 0100 hours. And, as the opening times of the premises were linked to the sale of alcohol, closing 30 minutes after the sale of alcohol ceases. All other licensable activities, times and days to remain the same.

The applicant explained that they always had SIA trained door staff on duty Friday and Saturday evenings when it was busier and also during the week if they had live music being played.  The applicant, therefore, requested that the following condition (under Public Safety) be removed to bring the pub in line with other premises in the area:

“At least one member of staff shall obtain SIA door staff qualifications as well as their personal licence and shall be on duty whenever live music, DJ music and/or dancing are provided to the general public”.

Officers suggested that if the Committee were minded to grant the change to the door staff condition, the new condition should be amended to read as follows:

“SIA Licensed door staff must be on duty at the premises during performances of  live music”.

The Sub-Committee was advised that there had been no representations from any of the Responsible Authorities but they had received 2 representations from other persons who were not present at the meeting but whose letters were included in the papers. Members noted that there were particular concerns about the noise from the premises. The Licensing Manager confirmed that he had spoken to Environmental Health who had installed noise monitoring equipment in a neighbouring property but there was not enough noise to warrant taking further action.

The Sub-Committee asked the applicant about the capacity of the premises. She advised that there was room for 50 inside and in the garden there was space for 65. This was managed by the door staff and they asked people to come inside later in the evening to prevent noise disturbance. The applicant advised that she had not been approached by residents in the vicinity complaining about the noise but she wanted to ensure that they were not disturbed and advised that she was willing to be outside the premises when it closed to ensure customers left quietly. 

Following the conclusion of questions, the Sub-Committee then WITHDREW at 10.21am.

After the Sub-Committee’s deliberations, the meeting resumed at 11.49am and the Council’s Solicitor confirmed she had been asked to advise  the Sub-Committee during their deliberation on the wording of their decision:

“The Sub-Committee has carefully considered the application for variation of a premises licence, taking into account the representations received, statutory guidance and the Council’s Statement of Licensing Policy 2013-2018.

The Sub-Committee has agreed to grant the variation to the licence by extending the Friday and Saturday night hours for the sale of alcohol to 01:00 the following morning (with opening hours closing 30minutes after the sale of alcohol).  The Sub-Committee did not consider that there was sufficient substantiated evidence to reject the application. However, taking into account the concerns of the objectors the Sub-Committee has added the following condition  which is appropriate to address the licensing objective of Prevention of Public Nuisance.

“All customers shall move indoors or leave the premises by 00.30 Saturday and 00:30 Sunday.”

The Sub-Committee also accepts the variation to the condition in relation to suitably qualified SIA staff  by replacing the condition with the following:

“SIA licensed door staff must be on duty at the premises during performances of live music and on Friday and Saturday nights.”

The Sub-Committee notes noise equipment was installed in a nearby property. It has also noted that the Applicant has said that she will supervise customers leaving the premises to ensure that they leave quietly, and we request the applicant does so as we believe it will help to build harmonious  relationships with local residents.

The Sub-Committee is conscious that should there be any cause for concern in the future, legislation allows for members of the community and responsible authorities to contact their Licensing Authority with complaints over the operation of the premises, leading to a possible review of the licence.”