EAST HAMPSHIRE DISTRICT COUNCIL Minutes of the LICENSING SUB-COMMITTEE held on Tuesday 27th September 2005 at 10.00am in the Council Chamber, Penns Place, Petersfield. Present: Councillors Mrs Bradford, Mrs Denston and Ayer Officers: Nick Leach Principal Solicitor Angela Howes Principal Licensing Officer David Robertson Environmental Services Manager Lee Abraham Committee and Members’ Services Team Leader Trish Bell Assistant Committee and Members’ Services Co-ordinator The following were also present: Judith Patrick Resident of Liphook David Fleming Buriton Parish Council Maggie Johnston Buriton Parish Council Jeremy Fisher The Royal Anchor Public House, Liphook Tim Jones Hall and Woodhouse Limited Mr Moss Five Bells Public House, Buriton P Mitford High Street, Buriton T Mitford High Street, Buriton 1. ELECTION OF CHAIRMAN RESOLVED that Councillor Mrs Bradford be appointed Chairman of the Sub- Committee for the hearing. 2. APOLOGIES FOR ABSENCE There were no apologies. 3. CHAIRMANS ANNOUNCEMENTS The Chairman made the following announcements: • That a loop system was in operation for anyone wishing to use it • Asked that everyone present could sign in using the official attendance sheet • Asked that all mobile phones be switched off • Made all those present aware of the nearest fire exits. 4. DECLARATIONS OF INTEREST There were no declarations of interest. 5. LICENSING ACT 2003 – HEARING – THE ROYAL ANCHOR, 9-11 THE SQUARE LIPHOOK APPLICANT: Green King Brewing & Retailing Limited, represented by Mr J Fisher PRESENTING THE REPRESENTATIONS: Mrs J Patrick, Local resident 1 The Principal Licensing Officer presented the application from Greene King Brewing & Retailing Limited who wished to convert and vary their existing premises license regarding The Royal Anchor, Liphook. Members noted that they should not consider the conversion element of the application as the Council could not interfere with the rights that would be automatically transferred. The elements of the application for variation were as follows: Live Music Recorded Music Entertainment of a similar description ( Karaoke, Disco &DJ) Provision of facilities for dancing Provision of late night refreshment ( indoors and outdoors ) Supply of alcohol ( On and off the premises) Hours premises are open to the public The Principal Licensing Officer added that the hearing had been called as various representations had been received from surrounding residents concerning the application. The nature of those representations were set out for Members consideration in the report, but related to:- • the prevention of public nuisance. Mr Fisher, in support of the application, stated the request was for an additional 2 hours to be added to the existing licence and that no major changes were occurring. Mrs Patrick did not have any questions to put to Mr Fisher. Councillors sought clarification on finish time – 00:00 hours (midnight); extensions for holidays, public holidays – all Bank Holidays were being requested. Discussions took place regarding the supply of alcohol both on and off the premises. The application stated there would be no external drinking after 23:00 hours – it was clarified this related to customers drinking in the beer garden, not external drinking. Customers would be asked to finish their drinks by 23:00 hours. Following a discussion regarding background music, it was noted background music was incidental and not regulated. Mrs Patrick stated she was representing herself, her husband and 4 sets of neighbours who were all objecting to the application for ‘The prevention of public nuisance’. Mr Fisher noted his public house is not the only one in the Square in Liphook. There was one other public house, and another one near the railway station. Two supermarkets within the village sold alcohol in bottles and tins. He only sold bottles in his public house, not tins. The public house has restrictions on discounts and promotions – e.g. they do not offer ‘happy hour’ and promote responsible drinking. The Chairman then stated that the Sub-Committee was satisfied it had enough evidence to enable them to come to a decision. She stated that the 2 Sub-Committee would retire in private to consider the application. The Solicitor would accompany the Sub-committee, but only so as to offer legal advice. If the Sub-committee needed clarification of any point they would call upon the Clerk. The Chairman adjourned the meeting saying that the consideration was estimated to take approximately 30 minutes. The Sub-Committee adjourned at 10.15am. The Sub-Committee reconvened 10.58am. The Chairman informed all those present that the Sub-Committee had reached a decision, as follows:- NOTIFICATION OF DECISION Notice has been given all relevant parties, as follows:- in accordance with the provisions of the Licensing Act 2003 (“the Act”) and Regulations made there under, that a hearing was held on: Date: 27 September 2005 to consider an application for the variation of a premises licence made in accordance with paragraph 34 of the Act. The details of the applicant and premises are: Name of Applicant: Green King Brewing & Retailing Limited Premises and address: Royal Anchor, 9 – 11 The Square, Liphook, Hampshire, GU30 7AD Decision of Licensing Authority: In considering the application, the Committee had regard to the promotion of the licensing objectives, the Act, its statement of licensing policy, the statutory guidance issued by the Secretary of State and the representations (including supporting information) presented by all the parties. Decision: That the application be granted as attached and, in addition to the attached, those matters detailed in the operating schedule and the relevant mandatory conditions under the Licensing Act 2003 will form part of the licence issued. Reasons for decision: As attached Where an application (or any part of an application) has been granted, 3 the variation will take effect from 1: Second appointed day Appeal provisions : In accordance with the provisions of Schedule 5, Part 1, Paragraphs 1 & 4 of the Act, appeal provisions exist in respect of this application. Those provisions are as follows: The applicant: Where the Licensing Authority rejects (in whole or in part) an application to vary a premises licence under section 35 of the Act, the applicant may appeal against the decision. (Schedule 5, Part 1, Paragraph 1(b) of the Act). Where an application to vary a premises licence is granted (in whole or in part), the applicant may appeal against any decision to modify the conditions of the licence. (Schedule 5, Part 1, Paragraph 4(2) of the Act). A person who made relevant representations: Where a person who made relevant representations in relation to the application desires to contend: (a) that any variation made ought not to have been made, or (b) that, when varying the licence, the Licensing Authority ought not to have modified the conditions of the licence, or ought to have modified them in a different way he may appeal against the decision. (Schedule 5, Part 1, Paragraph 4(3)(a) or (b) of the Act). General provisions about appeals under the Act: An appeal must be made to the magistrates’ court for the petty sessions area in which the premises concerned are situated. 1 The time that the variation will take effect is the time specified in the application or, if that time is before the applicant is given this notice, such later time as the Licensing Authority specifies in this notice. 2 In the case of a hearing under section 35 of the Act which is in respect of an application made at the same time as an application for conversion of an existing licence under paragraph 2 of Schedule 8 of the Act, the Licensing Authority must make its determination at the conclusion of the hearing and therefore the period of 21 days will commence from the date of the hearing. In any other case of a hearing under section 35 of the Act, the period of 21 days will commence from the date on which written notice is given, or in the case of electronic transmission, when the text is received. 4 An appeal must be commenced by notice of appeal given by the appellant to the justices’ chief executive for the magistrates’ court within the period of 21 days beginning with the day on which the appellant was notified by the Licensing Authority of the decision appealed against. 2 On an appeal under paragraph 4(3), the holder of the premises licence is to be the respondent in addition to the Licensing Authority. Action that may be taken by the magistrates’ court: On an appeal against a decision of the Licensing Authority, a magistrates’ court may: (a) dismiss the appeal; (b) substitute for the decision appealed against any other decision which could have been made by the Licensing Authority; or (c) remit the case to the Licensing Authority to dispose of it in accordance with the direction of the court, and may make such order as to costs as it thinks fit. Should you have any questions relating to this Notification of Decision, please contact the Principal Licensing Officer: Tel No: 01730 234094 Fax No: 01730 234330 Email: [email protected] Date of 4 October 2005 Signed: Notice: Principal Licensing Officer 5 ROYAL ANCHOR Decision Live music 18:00 – Sunday – Saturday 23:00 Christmas One extra Eve,Christmas Day, hour Boxing Day, New Year’s Day, Spring & August Bank Holidays, Good Friday, Easter Saturday, Sunday and Monday, St.Patrick’s & St. George’s Day, proceeding and preceding day before a bank holiday. Any other public declared bank holiday. Recorded 11:00 – Sunday – Thursday