Agenda item

An application has been received for the granting of a Premises Licence for the premises known as The Kitchen.  Following receipt of representations this matter is brought before the Licensing Committee for determination.

The Chairman opened the meeting, made introductions and explained the procedure for the hearing.

The Licensing Act 2003 requires the council as the Licensing Authority to issue premises licences. Where there are representations to an application for premises licence the council must hold a hearing to consider those representations and decide whether to grant a premises licence under the Licencing Act 2003.

The Sub-Committee were asked to consider the Premises License to licence the entire building, including the first floor as set out within the report.

The Licensing Manager presented a report, which summarised the details of the application, as set out in Agenda Item 4, a copy of which had been circulated to each Member of the Sub-Committee and a copy of which appears as Appendix ‘A’ to these Minutes in the Minute Book.

The Sub Committee were advised that the applicant already benefited from a Premises Licence for the ground floor and external areas.

The application had resulted in representations from 16 other persons under some or all of the prevention of public nuisance, the prevention of crime and disorder, public safety and the prevention of children from harm licensing objectives.

The following persons attended the Sub Committee and gave verbal evidence based on their written submissions:

On behalf of the Applicant:

• Philip Day – Solicitor representing the applicant South Coast Caterers

In objection local residents:

• Dr M Gundy
• Mr Lance
• Mr J Heskins
• Ms J Vegh
• Ms J Clark
• Ms S Hudson

Councillors asked questions of those making representations and heard details of the CCTV and fire regulations including the maximum numbers. All parties were then able to sum up before the Sub-Committee retired to make their deliberations.

Members considered all of the evidence placed before them and reached a decision.

It was RESOLVED that:-

the licence be granted as applied for, subject to the conditions as set out within the report, and with the following additional conditions;

(a)            The previous licence for the ground floor be surrendered prior to the new licence taking effect; and

(b)            The condition relating to the retention of CCTV recordings being amended to require the retention of recordings for 31 days (and not 14 as set out).

Reasons for Decision

The Sub-Committee gave detailed consideration to the written evidence that had been submitted before the hearing, along with the verbal submissions made at the hearing. They took account of the Statement of Licensing Policy, The Licensing Act 2003 and the Statutory Guidance.

The Sub-Committee recognised that no representations had been made by any Responsible Authority.

The Sub-Committee were satisfied that the Applicant had experience in managing licensed premises and noted that the premises had been operating successfully for a long period of time.

They were satisfied that the premises if operated as outlined in the application should not undermine the Licensing Objectives.

The Chairman advised all parties that any persons aggrieved by the decision would have the right of appeal to the Magistrates Court, and any such appeal should be lodged within 21 days of receiving the decision letter.

Voting: Unanimous