Agenda and minutes

Venue: REMOTE VIDEO LINK

Items
No. Item

LS.1

Roll Call and Virtual Meeting Explanation.

Minutes:

The Chairman welcomed everyone to the meeting and introduced each member of the Panel to the participants. 

       

Franca Currall, Solicitor explained the virtual meeting procedure.  She advised that no decision will be given at the end of this meeting.  The decision will be made within 5 working days of the meeting. A letter will be sent to all the participants and any other parties who made written representations but did not attend the meeting. The letter will set out the Members decision with reasons for it and will also contain details of how to make an appeal against that decision.

 

LS.2

To receive apologies for absence.

Minutes:

None as all Members were present.

LS.3

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.4

To confirm the Minute of the previous meeting held on 7 September 2021. pdf icon PDF 327 KB

Minutes:

The minutes of the meeting held on 7 September 2021 were agreed as a correct record and were electronically signed by the Chairman.

 

The Solicitor advised that the purpose of the Panel was to check if the application met the four Licensing Objectives.  The Panel should determine whether the applicants could uphold the Licensing Objectives and what conditions should be applied to the Premises Licence if it was approved.

 

The participants of the meeting introduced themselves. Miss Kacy advised she had sent further information to the Senior Licensing Officer; it had not been included in the agenda pack.

 

LS.5

Application of a New Premises Licence. pdf icon PDF 142 KB

Additional documents:

Minutes:

Introduction and outline of the report

 

Jon Bryant, Senior Licensing Officer introduced the report. An application (section 17 of Licensing Act 2003) has been made by The Fox Eating and Drinking House.  Representations were received from the two Responsible Authorities and the freeholder of the premises objecting on the grounds of  Prevention of Crime and Disorder, Prevention of Public Nuisance,  and the promotion of Public Safety.  In additional a number of representations  have been received in support of the application.   The Panel were advised that a Premises Licence has already been issued for the premises.  This application is for the issue of an additional Premises Licence and is not a consideration of the current licence.   The Panel were asked to determine the application in accordance with the Licensing Act 2003, MSDC Licensing Policy and the Home Office Guidance issued under Section 182 Licensing Act 2003, whilst having due regard to the applicant’s submissions and relevant representations.

 

The Senior Licensing Officer confirmed to the Panel that Mr Earley is the current Leaseholder is the premises and has 13 years remaining on a 20-year lease. Mr Paul Lloyd is the freeholder of the property, he is also the Premises Licence Holder of the current premises licence which is still valid.  Due to differences with Mr Earley, Mr Lloyd resigned as the Designated Premises Supervisor (DPS) and no replacement has been appointed.  The Panel were advised that no sales of alcohol can take place without a nominated DPS; Mr Earley and Miss Kacy are applying for a separate Premises Licence in their own names.  He highlighted that the application had been correctly advertised on the premises and in the Mid Sussex Times.   The application seeks to supply alcohol on and off the premises.

 

The Panel were advised that a number of representations had been received from two responsible authorities, The Licensing Authority and the Environmental Protection Team.  These were detailed in the report. A further representation was received from the freeholder and current Premises Licence Holder, Mr Paul Lloyd.  The representations raised points relevant to the licensing objectives  of  Prevention of Crime and Disorder, Prevention of Public Nuisance,  and the promotion of Public Safety.  The application has generated numerous local interest in the village and surrounding area, 75 emails were received in support of the application.   He reiterated that all representations must be relevant to the Licensing Objectives, only eight supporting representations had been accepted as being relevant. It was noted that the content of some emails as irrelevant for the purposes of the Licensing Act 2003 and those comments should be disregarded.  The Police have agreed conditions if the Panel decide to grant the licence.  These were detailed in the report, and further conditions put forward by the applicants to reduce any public nuisance from music.

 

The Senior Licensing Officer listed the grounds on which the two Responsible Authorities objected to the application.  The Licensing authority objected on the grounds of the Prevention of Crime and Disorder, Public Safety and the Prevention  ...  view the full minutes text for item LS.5