Venue: 11/12/13 Eastleigh House, Upper Market Street, Eastleigh
Contact: Matt Dobrowolski, Democratic Services Officer Tel: 023 8068 8080; Email: firstname.lastname@example.org Amy Thorne, Democratic Services Officer Tel: 023 8068 8361; Email: email@example.com
North Millers Dale,
Chair welcomes the residents representatives, licensee and their legal representative and the other panel members. The Clerk outlined the application to vary the current magistrates licence.
Residents raised several issues concerning noise nuisance, light pollution and the issue of general disturbance from increased trade. Nobody was objected to internal works being carried and the main concern was the garden area of the pub which would now be allowed the sale of alcoholic drinks, was the licensing permit to be granted.
The Licensee did reply to the resident’s representations by reassuring them that an adequate management plan would be put in place and that there would be supervision provided by staff to address the issues relating to increased business activities taking place in the garden.
The Panel withdraw to make their decision
The Panel withdrew from the meeting to make their decision and invited the Clerk and Legal Adviser to join them.
The following decision was read out to the hearing when the Panel reconvened:
Tuesday 14th June 2016
The Farm House – Licensing Panel Decision
All parties will receive formal written confirmation of the decision and reasons.
The panel has considered very carefully all the evidence submitted both in the formal representations made and given orally today. It has given due weight to all representations made.
It has considered the Licensing Act 2003, the Licensing objectives, the statutory guidance and the adopted statement of licensing policy. Human rights legislation has been borne in mind whilst making this decision.
In consideration of the above the panel has determined to grant the application subject to an additional condition to be attached to the licence.
· Outdoor tables will be set out and contained within the fenced area as indicated on the amended plan submitted to the licencing authority with covering letter dated 02 June 2016.
The panel heard evidence from residents relating to issues regarding the legal right to use the land and erect the fence. Also regarding the business need for use of the garden, potential planning restrictions as well as “overlooking” and amenity. Parking issues were also raised.
The panel accepted legal advice provided during the course of the hearing that these matters are not linked to the statutory licensing objectives and therefore cannot be taken into consideration when determining the issues. The panel also accepted legal advice that it was limited to considering the application on its merits only and not the potential for future amendments / alterations.
Other issues raised related to potential noise as a result of an increased intensity of use of the premises as well as the potential for increased light pollution.
The panel noted that no representations had been made by any of the responsible authorities and in particular Environmental Health in relation to noise. The panel also noted that the applicant had engaged in meaningful negotiation with residents and had reduced significantly the area to be licensed and had proposed a number of conditions which the panel endorses and notes shall be attached to the licence granted.
The panel took into account evidence confirming that the nature of the premises would change from wet-led to food-led and that a significant investment was being made to improve facilities at the premises. Accordingly the applicant envisages an accompanying improvement in clientele. The presence of waiting staff attending to tables is considered likely to assist supervision of the outside area and provide an improvement to the current licence which allows on and off licence sales and the consumption of alcohol on the entire area.
The panel were referred to relevant parts of the Council policy (C3) and the statutory guidance (paragraphs 9.42 -9.43) which were taken into consideration. In light of all of this the panel could see no reason based on the licensing objectives to refuse the application or impose additional conditions or restrictions. Granting the licence, as amended, and with the additional condition is considered the appropriate and proportionate approach.
· The panel heard evidence from the applicant that the designated smoking area has not been established and this shall be managed as necessary in due course. The panel recommends that the patio doors are not used for smokers to exit or re-enter the building after 23:00.
· Residents are strongly encouraged to contact Environmental Health in the event that noise nuisance is witnessed.
· Residents should be reassured that in the event that the premises ... view the full minutes text for item 3.