Agenda and minutes

Venue: COUNCIL CHAMBER

Items
No. Item

LS.1

To receive apologies for absence.

Minutes:

Apologies were received from Councillor Cromie.

 

LS.2

To receive Declaration of Interests from Members in respect of any matter on the Agenda.

The procedure the Licensing Panelwillfollowin considering the application is set outin the Licensing Act2003,its attendantRegulations and was agreed by the Licensing Committee on 2nd February2005.  The Licensing Panel,in accordance with rule 14 of the Licensing Act2003 (Hearings)Regulations 2005 decide to exclude the public fromallorpartof the hearing where the Licensing Panelconsiders thatitis in the public interestto do so.

 

Minutes:

None.

LS.3

To confirm the Minutes of the meeting held on 22 August 2019. pdf icon PDF 198 KB

Minutes:

The Minutes of the Committee meetings held on 22 August 2019 were agreed as a correct record and signed by the Chairman.

LS.4

Application to vary a Premises Licence - Licensing Act 2003. pdf icon PDF 9 MB

Minutes:

HAY AND STRAW, 16 HIGH STREET, EAST GRINSTEAD, RH19 3AW

 

Introduction and outline of the report

 

Paul Thornton, Senior Licensing Officer introduced the application and he noted that the application is to vary the licence under section 34 of the Licensing Act 2003 (Act). He stated the Committee’s job was to determine application in relation to policy and the Act under Section 102. He advised the Sub-Committee that an alcohol licence had been granted to Côte Restaurant, a previous occupant of the premises, but it was surrendered and was never used.

 

The Senior Licensing Officer highlighted that Mr Pilbrow is applying to vary the licence, to include a small area outside the front of the premise with seating until 21:00 for 12 covers. This would allow alcohol to be lawfully sold on the front area, but the licence will remain the same in that no alcohol can be taken beyond this point or leave the premises. The external area in question is part of the public highway and is part of a pavement area 2m 96cm wide with steps leading to the water fountain.  The water fountain has been mentioned in representations. The Senior Licensing Officer confirmed the matter had been correctly advertised during consultation from the 3rd September to 23 September 2019.

 

He stated that representations have been received from Sussex Police, 2 residents and the Fire Service and the Environmental Protection Team. Sussex Police have agreed conditions 1, 2, and 3, had in the run up to the. The Fire Service inspected the premises in the run up to the Sub-Committee and had withdrawn their representations. The Environmental Protection Team have agreed condition 4 with Mr Pilbrow and have also withdrawn their representations.

 

The Senior Licensing Officer noted that 2 local residents will speak to their written representations.  Mr Berry sited the noise being caused by extending the licence will be a public nuisance, and a public safety concern due to the space taken up on the pavement. Mr Beirne’s representations were in relation to management conditions of the licence, and regarding the application submitted at the start of the proceedings, including the operating schedule. The Senior Licensing Officer told the Sub-Committee that anything relating to the planning application should be disregarded.  He confirmed that a planning application has been submitted for the outside seating.

 

The Senior Licensing Officer informed the Sub-Committee that in determining the application must be made having regard to the application and any representations. The representations must address the licensing objectives (prevention of crime and disorder, public safety, prevention of harm to children, and prevention of a public nuisance). He explained that the Sub-Committee can modify both the current and the new conditions of the licence and the Committee can reject the whole application or part of the application. He stated that the final decision is subject to appeal at a Magistrates Court.

 

In response to questions by the Chairman the Senior Licensing Officer advised that the Environmental Protection Team had withdrawn their  ...  view the full minutes text for item LS.4