Venue: 16/17 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
15 Thornbury Wood
Chair of the Panel welcomed everyone present.
The Clerk outlined the application to grant a premises licence. The Chair asked if anyone on the Panel wanted to declare any interest in the application, and everyone declined.
Representation from the Applicant
The applicants presented the application for the grant of a new premises licence in respect of the Hiltingbury Still.
The applicants were already in possession of the distillers licence issued by HM Revenue and Customs (HMRC). The applicant had also registered with the Alcohol Wholesaler Registration Scheme.
If the licence was granted, alcohol would be sold only to friends and family already at the premises and to the public only over the phone and via the internet. The premises would not be open to the general public. There would not be any consumption of alcohol on the premises. Business deliveries to the still were infrequent and there had only been two deliveries so far.
The Legal Advisor reminded the Panel that since the distilling was happening at the premises lawfully, the determination was only for the sale of alcohol at premises (with conditions attached). Distilling and deliveries at the premises would still continue whether licence was to be granted or not.
Residents raised several issues concerning:
· The possibility of business growth having an adverse impact on local neighbourhood
· Possibility of organised crime/terrorists targeting the premises
· Setting up precedence for other alcohol related businesses
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:
“Thursday 2nd February 2017
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 written representations 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 the condition proposed by the applicant and amended slightly for clarification:
· No person shall be invited to the house for the purpose of purchasing alcohol. Sales of alcohol are only permitted to friends or family, already at the premises and where the alcohol sale is ancillary to the reason for the visit. This condition does not restrict the sale of alcohol over the telephone or on the internet at the premises. The premises shall at no time be open to the general public.
The Panel heard evidence from residents relating to various issues of concern. Primarily, but not exclusively those concerns related to the following:
· The possibility that the scale of production and the number of sales might increase significantly
· The potential for nuisance resulting from such an increase in production delivery of materials and those visiting the premises to purchase alcohol
· The general impact of alcohol production in a residential area including fears relating to security
The panel accepted legal advice provided during the course of the hearing that it had to focus its consideration upon the statutory licensing objectives and the potential impact resulting from the licensable activity applied for. The current distilling at the premises is regulated and lawful and it is only the sale of alcohol that requires a premises licence.
The Panel noted that no representations had been made by any of the responsible authorities and in particular Environmental Health in relation to noise and the Police in relation to crime and disorder. Lack of representation must be taken as confirmation that the relevant authorities are satisfied with the application, particularly as the presumption in law is that the licence shall be granted unless there is relevant representation that warrants refusal or any other action.
The Panel heard from the Applicants that this was a small scale operation, in effect a hobby. By granting the licence it would enable sales to friends and businesses to recoup some of the costs involved. It was not envisaged that the production would lead to a profit and the aim was not to create an expanding business.
The Panel was advised during the hearing that the condition would be attached to the licence, if granted, and that operation other than in accordance with a licence is a criminal offence.
The Panel took all of this into account and was not satisfied on the balance of probabilities that the licence, if granted, and the proposed licensable activity would undermine the licensing objectives due to the small scale and nature of the operation. Evidence given in relation to security at the premises and the extent of deliveries were of reassurance in this respect. In this respect it was considered appropriate and proportionate to grant the licence.
Residents can also be reassured that the licence can be called in for review if the premises ... view the full minutes text for item 4.