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.

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 Minutes of the previous meeting held on 9 April 2021. pdf icon PDF 224 KB

Minutes:

The minutes of the meeting held on 9 April 2021 were agreed as a correct record and were electronically signed by the Chairman.

 

LS.5

Application for a New Premises Licence. pdf icon PDF 387 KB

Additional documents:

Minutes:

Introduction and outline of the report

Fiona Spears, Environmental Health Enforcement Officer introduced the report. An application has been made by The Carriage of Crawley Down.  Representations were received from the Environmental Health Team, a Responsible Authority and three residents objecting to the application on the grounds of public nuisance.  The Committee 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 Carriage, currently trading in Crawley Down took possession of an   adjacent property with an outside forecourt.  The new premises licence sought to extend the current licensing hours on Fridays, Saturdays and Bank Holidays, and the application was advertised on the premises and in the East Grinstead Courier.

 

The Committee were advised that a number of complaints were received by the Planning and Environmental Protection Teams; the complaints about odour were not relevant to this application. A number of complaints regarding excessive noise complaints had been received and dealt with.  A complaint that the premises had been open longer than permitted was due to a misunderstanding by staff and had been resolved.  It was highlighted that the Police had initially raised representations, but these have been satisfied by the agreed conditions.

 

The Officer highlighted that some information contained in the representations was irrelevant, namely issues of car parking and people driving to The Carriage.  She summarised that the main points for objection were that of public nuisance, times of use of the outside forecourt area and excessive noise.  A number of conditions, if the licence was approved were listed in appendix 8.

 

Questions from the Members to the Officer:

 

Following a question from the Chairman, the Solicitor confirmed that the panel should disregard any comments on issues of odour and parking as they are not relevant to the application. People driving to the premises is also not relevant.

 

As there were no further questions from the panel, the Chairman invited the Senior Environmental Health Officer to make his representation.

 

Interested Party - Representation by Nick Bennett

 

Nick Bennett, Senior Environmental Health Officer noted that that the Environmental Protection Team are a statutory consultee for premises licence applications, and they have great expertise in issues on noise and nuisance.  The Team objected on the hours the outside terrace would be used, everything else has been agreed.  He highlighted the need to achieve a balance with the residential and business premises.  There may be some disturbance if licensed premises are close to residential properties and businesses must make compromises, as supported by case law.  He noted the location of The Carriage in the centre of the village, 5 flats above the parade of business premises, other residential properties within 15 to 20 metres and the table chairs to front of the premises and in Old Station Close.  A Pavement Licence has been granted for the tables and chairs to the side  ...  view the full minutes text for item LS.5