Agenda and draft minutes

POSTPONED to 15 February 2019, Licensing Sub-Committee
Friday, 1st February, 2019 10.00 am, POSTPONED

Contact: Cynthia Haveron  Democratic Services Officer - 01730 234092

Items
No. Item

23.

Election of Chairman

Minutes:

Councillor K Carter was elected Chairman for the meeting.

 

 

                                       

24.

Apologies for Absence

To receive and record any apologies for absence.

Minutes:

There were no apologies for absence.

 

 

                                               

25.

Chairman's Announcements

Minutes:

There were no Chairman announcements.

 

 

                                               

26.

Declarations of Interest

To receive and record any declarations of interest from members present in respect of the application being considered.

Minutes:

 

There were no declarations of interest.

 

                                               

27.

Licensing Act 2003 - Application to Review the Premises Licence - Cellar Vie, 1 Westbrooke Walk, Alton, Hampshire GU34 1HZ pdf icon PDF 98 KB

Report of the Licensing Officer, enclosed.

Additional documents:

Minutes:

Hayley Hadaway, Senior Licensing Officer introduced the report. The Hearing had been called following an application made by Environmental Protection at East Hampshire District Council to review the Premises Licence for Cellar Vie, 1 Westbrooke Walk, Alton.

 

Environmental Protection had requested the review under the grounds of the prevention of public nuisance. Environmental Protection had stated that they had periodically received noise complaints regarding the premises and since February 2018, when complaints had been received regarding music and patron noise.

 

A copy of the application for review could be found in Appendix A, page seven of the agenda.

 

During the consultation period, a representation had been received from an interested party. This could be found in Appendix D, page 25 of the agenda. A comment had also been received from Alton Town Council which was detailed in page three of the agenda.

 

The Sub-Committee was advised that they had to determine the application with a view to promoting the licensing objectives, which were:

 

a)              The prevention of crime and disorder;

b)              Public safety;

c)               The prevention of public nuisance; and

d)              The protection of children from harm.

 

The Committee was advised that in determining the application they may:

 

a)              Modify the conditions of the licence;

b)              Exclude a licensable activity from the scope of the licence;

c)               Remove the Designated Premises Supervisor;

d)              Suspend the licence for a period not exceeding three months; or

e)              Revoke the licence

 

Following the introduction of the Deregulation Act 2015, live and recorded music was no longer licensable at premises licensed, for sale of alcohol on sales, between 08:00am and 23:00pm provided the audience did not exceed 500. This meant that any conditions imposed on the premises licence relating to the provisions of live or recorded music was suspended during these hours.

 

However, on a review of a Premises Licence, the Licensing Act 2003 permitted a licensing authority to lift the suspension of conditions on a Premises Licence which related to music and gave renewed effect to an existing condition relating to music and may add a condition relating to music as if it were regulated entertainment.

 

In both instances, upon hearing the evidence before you, should the committee be minded to add a condition to the licence relating to the music, you should include a statement that Section 177A of the Licensing Act 2003 does not apply.

 

Since the publication of the agenda, Licensing had received an email from the Environmental Protection Officer, who having looked through the agenda believed the plan of the premises might be incorrect. She drew the sub-committee’s attention to the plan that the left-hand side of the building, marked in dark yellow, was an office with a partition wall and door. The Environmental Protection Officer had advised that when she had visited the premises the building was open plan and that the current Facebook profile picture of the premises showed there was no partition wall on that side of the premises. If this was indeed the case, the  ...  view the full minutes text for item 27.