Agenda and minutes

Liquor Licensing Panel - Thursday, 6th April, 2023 10.00 am

Venue: COUNCIL CHAMBER

Contact: Email: committees@midsussex.gov.uk 

Media

Items
No. Item

LS.1

To receive apologies for absence.

Minutes:

None.

LS.2

To receive Declarations 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

Application to Vary a Premises Licence - Licensing Act 2003. pdf icon PDF 108 KB

Additional documents:

Minutes:

Introduction and outline of the report

 

Jon Bryant, Senior Licensing Officer introduced the report for the Panel to determine an application to vary the current Premises Licence pursuant to Section 34 Licensing Act 2003 made by Cuckfield Golf Centre Ltd at Staplefield Road, Cuckfield Haywards Heath, RH17 5HY and he noted that one member of the public who is also a local resident, referred to as an Interested Party had made a representation on the grounds of the Prevention of a Public Nuisance. The variation sought to amend the plan attached to premises licence as the clubhouse has been remodelled and extended; there is a requirement for the plan to correctly reflect the  licensed area.  He highlighted that the licensable activities and times had not changed.

 

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 that Cuckfield Golf Centre premises licence PWA0321 was issued on 7 September 2006, and prior to 2006 a licence had previously been issued to an alternative building.   He reiterated that the licensable activities, timings, conditions, and mandatory conditions were only listed for reference.  The application before the Panel reflected the revised layout and remodelling of the clubhouse; it did not seek to amend or remove the existing conditions, nor review any previous planning applications. None of the Responsible Authorities had made a representation, one other representation had  been received from an Interested Party but was not accepted as it was not relevant to the Licensing Objectives.  Appendix 6 detailed the emails between the Interested Party, Mr Conway and the Licensing Team; an email from the Senior Licensing Officer explained that any reference to previous planning applications were not relevant in respect of Licensing applications. Mr Conway’s representations were on the grounds of public nuisance, he expressed concern that a bigger clubhouse would result in more noise from more people and vehicles at the location.

 

The Panel were asked to determine the application in accordance with Sections 34 and 35 of the Licensing Act 2003 (LA03), 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.

 

He highlighted sections 34 and 35 of the LA03 for determination of the Relevant representations must address one of the four Licensing Objectives: the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm.  Section 9.4 of the Home Office Guidance states representations for a variation must be confined to the subject of the variation.  Section 182 guidance states representations are relevant if they are about the likely effect of the grant of the application on the promotion of the licensing objectives; representations can support or be in objection to the application and a representation is “relevant” if  ...  view the full minutes text for item LS.3