Agenda and minutes

RESOLVED that Councillor P. J. Whittaker be appointed Chairman of the Sub-Committee for the meeting.

The Chairman opened the meeting and advised all those present that arrangements had been made to ensure that the meeting was held in accordance with social distancing requirements and Government guidance in respect of holding meetings at a physical location.

No apologies for absence were received.

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.

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

It was noted that Ms. N. Jones (Licensing), Worcestershire Regulatory Services (WRS) and Councillor S. P. Douglas were in attendance to observe the Hearing.

Councillor R. J. Deeming announced that he had conducted a site visit, to the site for which the application had been submitted.  Councillors P. J. Whittaker and A. B. L. English commented that they were familiar with the site.

The Sub-Committee then considered an application for 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 10 representations being received from members of the public.  The basis of their representations detailed grounds for potential for noise nuisance and anti-social behaviour.  A number of representations also referred to parking issues and that the premises was located in a conservation area.

The Technical Officer (Licensing) WRS, introduced the report and in doing so highlighted that the applicant was applying for the following licensable activities:-

Sale of Alcohol (on the premises)

Monday and Tuesday                     12:00 to 17:00

Thursday to Saturday                      12:00 to 22:00

Sunday                                              12:00 to 15:00

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

The Technical Officer (Licensing), WRS, also highlighted that some of the representations received had referred to parking issues and planning concerns.  Members were reminded that these issues were not considered valid representations under the four licensing objectives.

In response to Members and Mr. P. Sheeran, one of the objectors, the Technical Officer (Licensing), WRS, stated that all of the Responsible Authorities had been notified of the application and that officers had no control whether they chose to reply to an application they had been notified of. If they did not reply during the consultation period, officers deemed it that they had no comment to make. 

In response to Mr. Manley, one of the objectors, with regard to the Council’s Planning Services, the Technical Officer (Licensing), WRS, stated that the Council’s Planning Services would not have been consulted with.  If planning permission was required for change of use or the opening/closing hours of the premises, the onus was on Ms. Scattergood to seek advice.  

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

At this stage in the Hearing, the Chairman took the opportunity to remind the ‘other persons’ that, as stated by the Council’s Legal Advisor, planning issues were outside of the Sub-Committee’s remit.  Whilst Sub-Committee Members were sympathetic to the concerns raised, Members would disregard any matters that fell outside of their remit.   

In response to further questions from Mr. Manley, the Chairman clarified that with regard to concerns raised in respect of other  ...  view the full minutes text for item 4/21