1 East Hampshire District Council Penns Place, Petersfield
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East Hampshire District Council Penns Place, Petersfield Hampshire GU31 4EX Chief Executive: Sandy Hopkins East Hampshire District Council Minutes of the Licensing Sub-Committee meeting held on Friday 24 th June 2011 at 11.30am in the Council Chamber, Penns Place, Petersfield. Present: Councillors Bob Ayer, Angela Glass and Marge Harvey. Officers: Principal Licensing Officer, Solicitor, Committee Services Co-ordinator and Committee and Councillors’ Support Officer. The following were also present: Graeme Marley, Regional Manager, for Enterprise Inns, the applicants Clare Johnson, Solicitor for Enterprise Inns, the applicants; Dennis Thomas, interested party; Thelma Thomas, interested party; and Brian Griffiths, interested party. 6. Election of Chairman Resolved that Councillor Bob Ayer be elected Chairman of the Sub- Committee for the Hearing. 7. Apologies for Absence There were no apologies for absence. 8. Chairman’s Announcements The Chairman made the following announcements: • Asked that all mobile phones be switched off; and • Made all those present aware of the nearest fire exits. 9. Declarations of Interest None were declared. 1 Licensing Hearing Minutes 24.06.11 - 2 10. Licensing Act 2003 – Application for a Premises Licence – Windmill Inn, Winchester Road, Four Marks, Alton, Hampshire, GU34 5HG The Sub-Committee considered the report of the Principal Licensing Officer, EXJR.30/11, which had been previously circulated. The Principal Licensing Officer stated that the report related to an application made by Enterprise Inns for a Premises Licence for the Windmill Inn, Winchester Road, Four Marks. The report contained details of the licensing activities requested on pages five to seven of the agenda. The applicant had stated steps to be taken to promote the four licensing objectives and these were shown on page three of the agenda. The hearing had been called because a representation had been received from the responsible authority, Environment Protection and interested parties living in the vicinity of the premises. Representative extracts of the representations were shown on pages eight to eleven of the agenda and shown in full in Appendix C of the report. The application named the proposed Designated Premises Supervisor as Paul Ryan. He was a director of the company that held the previous premises licence and it was understood that he might no longer have a connection with the Windmill Inn. The applicant would be able to advise further on this point. The Principal Licensing Officer had not attempted to arrange mediation as this matter remained outstanding. The Sub-Committee was advised that in determining the application: 1. it may grant the application as asked; 2. modify the conditions of the licence, by altering, omitting, or adding to them; 3. refuse to specify a person in the licence as the premises supervisor; or 4. reject the whole or part of the application. Clare Johnson, Solicitor for Enterprise Inns PLC asked the Principal Licensing Officer if Environmental Services had withdrawn their objections following agreement by the applicant to the conditions requested. She had been in communication with Environmental Services on behalf of the applicant and on the 13 th June 2011 had confirmed the exact wording of the conditions. She had also written asking them to confirm the withdrawal of their objections. Dennis Thomas, interested party raised a concern about the procedures when informing interested parties of the hearing. He asked the Principal Licensing Officer to confirm that all interested parties had received information about the hearing. He advised the Sub-Committee that he and his wife had had to approach the Licensing Services Team as their pack of information had been misaddressed. In chance conversations with other interested parties he understood that Mr Neil Vine at 7 Hazel Road, whose objections could be found in Appendix C of the report, had not received a pack. Another resident 2 Licensing Hearing Minutes 24.06.11 - 2 at No 2 Fairlight Gardens had sent his objections by email, but it was understood that these objections had never been received. The Principal Licensing Officer in reply said that she could confirm that there was no record of any representations being received from the resident at No 2 Fairlight Gardens. She was unable to confirm that the pack had been sent to 7 Hazel Road. Cllr Ayer asked how significant it was that an interested party might not have received the pack about the hearing. Clare Johnson addressed the Sub-Committee and said that she was happy for the hearing to continue. Whether the pack had been received was irrelevant as it was deemed to have been received two days after being sent. The Sub-Committee adjourned at 11.42am to enable the Principal Licensing Officer to confirm if the pack had been sent to the correct address. The Sub-Committee reconvened at 11.55am The Principal Licensing Officer confirmed that a letter had not been sent to Mr Vine. It was a matter for the Chairman and Sub-Committee to decide whether to proceed with the hearing. The Principal Licensing Officer said that all information had been received and valid representations were included in the agenda. The Chairman said that it was regrettable but he believed that the Sub- Committee was capable of conducting the hearing, representations had been received and recorded and the Sub-Committee would look at those representations with extra care. Clare Johnson for the applicants said that they would like the hearing to go ahead as the views were echoed in other representations and therefore the concerns could be put across. Dennis Thomas said that it was worrying that there had been a need to check on the information and gave no confidence in the process. The Principal Licensing Officer apologised to all concerned. Brian Griffiths, interested party asked the Principal Licensing Officer about the conditions proposed on the licence in Appendix C to the report. In particular that noise from the premises shall be inaudible after 22.00hrs at the boundary of the nearest residential property. He lived at the nearest property and could confirm that he could hear people in the kitchen at this time. Did inaudible mean no noise should be heard? The Principal Licensing Officer confirmed that inaudible meant that the noise should not be heard. 3 Licensing Hearing Minutes 24.06.11 - 2 The EHDC Solicitor informed the meeting that the condition was frequently used in the District and nationwide. Dennis Griffiths asked about Paul Ryan, who on the application was the Designated Premises Supervisor and his association with the application. The Principal Licensing Officer said that it would be better to wait for the applicant to explain the current situation. Clare Johnson, Solicitor for the applicant addressed the Sub-Committee. She explained that she represented Enterprise Inns PLC, they were the freehold owners and landlord of the premises. Enterprise Inns PLC owned properties around the country and let them out to tenants who then ran the business under terms and leases. If the lease was being breached then the company would take action. This was an application for a brand new premises licence, the premises had held a premises licence before and there had been a public house on the site for 100 years, it was the only one in the village. The licence for this premises had lapsed, it had been held by a company called “R&R Leisure Management Ltd” who had been leasing the property but who had gone into liquidation in 2010. Once a business became insolvent then the licence lapsed. Enterprise Inns PLC had not been aware of the situation. The applicants had inherited Paul Ryan who had been the Designated Premises Supervisor, (DPS) this could only be removed if the holder had a criminal conviction or was unfit to hold the licence due to a financial situation. She confirmed that Paul Ryan was no longer the DPS for the premises. Enterprise Inns had not been aware of the issues involving the premises until they had received correspondence from the Relevant Authority and residents in the area. This was not unusual as they were only the landlords and not the premises licence holder. Clearly they were aware now and if they were granted the licence her clients would ensure that the premises would be run correctly. Graeme Marley, Regional Manager, for Enterprise Inns PLC was responsible for the premises and if the application was granted he would be vetting the next tenant very carefully. The aspiration for the premises was that it would be a family friendly dining pub. She acknowledged that there was a need for a community pubic house which residents of the village could enjoy and attend. The application before the Sub-Committee was identical to the previous licence, except for timings over Christmas and the New Year and there was no request for a licence for adult entertainment. Clare Johnson then referred to the representations made by Environmental Services against the application and the request by Environmental Services for three conditions to be added to the licence. In respect of inaudibility of noise there were tests that could be done. If issues were so extreme then 4 Licensing Hearing Minutes 24.06.11 - 2 residents should contact the Licensing Authority or Environmental Services. They would carry out checks and tests on the noise levels. She believed that this was the time to forget the past and move forward. It was not so much a premises issue, but the way in which the premises had been run in the past. Her clients had taken on board all the comments by Environmental Services and had put in place measures to reduce public nuisance to an acceptable amount, taking into consideration comments by them and residents.