Agenda for Licensing Sub-Committee on Monday 9th July 2018, 10.30 a.m.

Agenda and minutes

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Contact: Pauline Ross 

Items
No. Item

1/18

Election of Chairman for the meeting

Minutes:

RESOLVED that Councillor R.L. Dent be appointed Chairman of the Sub-Committee for the meeting.

2/18

Apologies for absence

Minutes:

No apologies for absence were received.

3/18

Declarations of Interest

To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests.

Minutes:

No declarations of interest were received.

4/18

Procedure

Minutes:

The Chairman opened the Hearing and introduced Members of the Sub-Committee and officers. 

 

The Chairman then welcomed all those present and explained that Councillor L. J. Turner was in attendance to observe the Hearing.

 

At the request of the Chairman, the applicant, the applicant’s representative and ‘other parties’ briefly introduced themselves.

5/18

Application for variation of a Premises Licence in respect of Duke of York, 83 Broad Street, Bromsgrove, B61 8LN pdf icon PDF 147 KB

Additional documents:

Minutes:

The Sub-Committee was asked to consider a variation to a Premises Licence, submitted by Mr. Robin Davidson, in respect of the Duke of York, 83 Broad Street, Bromsgrove, Worcestershire, B61 8LN.

 

The application was subject to a Hearing in light of four representations received from members of the public.  The basis of their representations was on the grounds of Noise Nuisance and Public Nuisance.

 

It was confirmed that all Members of the Sub-Committee had conducted a site visit.  An announced visit to the site for which the variation had been submitted was carried out on Friday 6th July 2018.  It was noted that Members were accompanied by the Council’s Legal Advisor.

 

The Council’s Legal Advisor clarified for all those present that, the application submitted was for a variation to the existing premises licence as follows:

 

·         To remove a portion of the existing bar servery and to make a smaller bar servery at right angles to it and to install double doors off the lounge area into what would become a beer garden.

 

The Council’s Legal Advisor informed Members that it was not a review of the existing licence or an opportunity for the existing conditions on the licence to be considered.  Consideration could only be given to the specific variation to relocate the bar servery to the Games Room and the installation of double doors. 

 

The Council’s Legal Advisor further advised Members that the outside drinking area was not regulated by the Licensing Authority and that there was already a condition on the current licence that; the outside drinking area to be cleared of customers by 10:00 p.m.

 

The Council’s Legal Advisor sought clarification from the applicant with regard to the proposed plans, as detailed at Appendix 5 to the report.  The applicant agreed to forward a more defined plan to the Senior Licensing Practitioner, WRS.  In agreement with all parties present, a temporary more defined plan was provided for the purpose of the Hearing.

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS), introduced the report and in doing so, informed the Sub-Committee that the variation was not to vary the hours that the premises were open to the public; it was just to make an amendment to the existing plans, as detailed at Appendices 3 and 4 to the report.

 

Members were further informed that four representations have been received from members of the public, as detailed at Appendix 5 to the report.  No representations had been received from any of the Responsible Authorities.

 

The Senior Licensing Practitioner, WRS, continued and stated that the variation application should be considered in accordance with the four licensing objectives, Section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy.

 

In response to questions from Members, the Senior Licensing Practitioner, WRS, confirmed that four complaints with regard to the premises had been received by WRS in February and May 2018.  One of the complaints was in respect of the premises changing hands.  Two were with regard to noise nuisance  ...  view the full minutes text for item 5/18