Agenda and minutes

The Council’s Democratic Services Officer opened the Hearing and asked for nominations for Chairman.

RESOLVED that Councillor J. Elledge be appointed Chairman of the Sub-Committee.

There were no apologies for absence.

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.

There were no declarations of interest.

At this stage of the Hearing, Councillor D. J. A. Forsythe who was in attendance as the Reserve Member, left the meeting room.

The Chairman welcomed everyone to the meeting and asked all parties present to provide a brief introduction. 

In response to the Chairman, all parties in attendance agreed that they were satisfied with the Hearing procedures that would be followed.

The Sub-Committee then considered an application for a variation to a Premises Licence, submitted by Ms. Ruth Scattergood, in respect of Coffee N Clay, 5 Station Road, Hagley, Worcestershire, DY9 0NU. 

The application was subject to a Hearing in light of 15 representations being received from members of the public.  The basis of their representations detailed grounds for:-

·       Public Nuisance

·       Crime and Disorder

·       Protection of children from harm

·       Public Safety

·       Parking issues

·       Conservation area

The Technical Officer (Licensing) WRS, introduced the report and in doing so highlighted that the applicant was applying for the following variation to their existing premises licence, as follows:-

Sale of Alcohol (on the premises)

Monday                                      17:00 to 21:00 hours

Tuesday                                    17:00 to 22:00 hours

Wednesday                                12:00 to 22:00 hours

Sunday                                       15:00 to 21:00 hours        

The existing premises licence was for:-

Sale of Alcohol (on the premises)

Monday and Tuesday                  12:00 to 17:00 hours

Thursday to Saturday                  12:00 to 22:00 hours

Sunday                                       12:00 to 15:00 hours

Members were further informed that no objections had been received from any of the Responsible Authorities.

The Technical Officer (Licensing) Worcestershire Regulatory Services (WRS) drew Members’ attention to page 13 of the main agenda pack, and in doing so highlighted that parking matters and the premises being located in a conservation area were not considered valid representations under the four licensing objectives.

As detailed in the report, Members were asked to note that as the application related to a premises that was already licensed for the sale of alcohol for consumption on the premises, the provisions of paragraph 12A of Schedule 1 and section 177A of the Licensing Act 2003 therefore applied in respect of live and recorded music.

The result of these provisions was that the performance of live music and the playing of recorded music was not to be regarded as the provision of regulated entertainment provided that: -

·       The music took place within the hours of 8:00am to 11:00 pm.

·       The music was performed or played in front of an audience not exceeding 500 people (where the music was amplified).

·       At the time of the music, the premises were open for the purposes of being used for the supply of alcohol for consumption on those premises.

The Council’s Legal Advisor reiterated that Sub-Committee Members should consider only those matters directly relevant to the premises under consideration and should disregard reference to any matters that fell outside of the Licensing Act. 

The Council’s Legal Advisor reminded Members that they should address their minds only to those matters which were directly related to the applicant’s premises.

The Chairman then invited Ms. Scattergood, the applicant, to put forward her case in support of the variation application.

Ms. Scattergood explained to the Members that she had founded Coffee n Clay in 2018,  ...  view the full minutes text for item 4/24