Agenda item

The Senior Licensing Officer presented the report to the Sub-Committee. She explained that the application proposes the following licensable activity:

·  The sale by retail of alcohol for consumption on and off the premises every day between 10.00 – 23.45.

The application proposes the following opening times:

·  Every day 10.00 – 00.00

She informed the Sub-Committee that during the statutory period eight representations of objection were received that collectively expressed concerns that the applicant’s proposals were likely to undermine all four of the licensing objectives.

She said that two representations in support of the application were received advising how the management of the premises, staff training and implemented policies would serve to promote the licensing objectives.

The applicant stated that no objections had been received from the responsible authorities and that no complaints had been directly received by them.

They said that the hours applied for would provide flexibility for the business to operate.

They explained that the proposed tasting events would be tailored to individual requests and would be for a set time and number of people.

The applicant said that any seating used in the outside area would be packed away in the evening and not available for general use.

Tim Warren asked if the outside area would be used for tasting events.

The applicant replied that it would not, it would be a waiting area or space for customers to have a drink outside.

Tim Warren addressed the Sub-Committee on behalf of a number of interested parties. He said that the outside area was in close proximity to a junction of two busy roads and that occupancy of this area could become a difficulty for driver visibility. He added that there were concerns that the area would be used for consumption after the purchase of off sales.

Councillor Karen Warrington addressed the Sub-Committee on behalf of Chew Magna Parish Council. She said that the amendments offered by the applicant were welcome, but that use of the outside area remained a cause for concern in respect of public safety and nuisance. She asked the applicant to consider addressing issues relating to parking and rubbish near the premises.

The applicant replied that it would advise customers to use the local public car park.

Decision and Reasons

Members have determined an application for a new Premises Licence at Tunbridge Road, Chew Magna. In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy, Human Rights Act 1998 and case law.

Members are aware that the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and must only do what is appropriate and proportionate in the promotion of the licensing objectives on the information before them. Members reminded themselves that each application must be considered on its own merits.

The applicant stated this application is for a new premises licence adjoining their existing distillery. It was for the same hours as existing which is run without issue. The applicant stated it is a family run distillery hoping to expand on the back of their success and award winning gins. They would like to include “off-sales” to fulfil remote orders for delivery or collection and to run occasional tasting events and workshops. These would be limited to two events per week with a maximum of 28 attendees. It was further stated that the hours applied for are for flexibility, they are not a bargain booze operation and events would be pre-booked and they would not have a detrimental impact on the Licensing Objectives. In response to the Interested Parties, however, the applicant offered to cut back the closing time of the outside space.

An Interested Party in support stated the premises has not and will not have a detrimental impact on the Licensing Objectives and it is unlikely to attract loutish behaviour or those seeking a cheap drink. 

Whilst generally welcoming the expansion of this local business the Interested Parties raised all 4 Licensing Objectives in objection. It was said that although the premises are set in a mixed business and residential area of Chew Magna if permitted as applied for they feared an increase from noise on and off the premises affecting local residents and children alike particularly from the outside area. They further stated that any increase in vehicular traffic would lead to an increase risk to the health and safety of those in the village, those using the outside area and cause associated difficulties with parking and accidents on the very busy and narrow village road. The Interested Parties also feared a late licence could attract people leaving one of more of the 3 public houses in the village and lead to further nuisance and antisocial behaviour.

Interested Parties agreed, however, that with adherence to suitable conditions and limiting the operational hours the business would doubtless grow and be an asset to the village.

In determining this application Members were careful to take account of the relevant written and oral representations both for and against the application and balanced their competing interests. Members were, however, careful to disregard matters governed by other statutory regimes, deregulated activities such as music and matters not directly attributable to a licenced activity on the premises. For example, traffic risks, noise and parking, the protection of children from harm not on the premises, fire escape and capacity, business model and need, mental health, planning and the existence of any public rights of way.

Members also reminded themselves that this is not a Review of the existing Premises Licence, they must not speculate on future uses of the premises and they should disregard any previous related applications and deal with the application on its merits.

With regards to terminal hours and off-sales Members noted the Statutory Guidance and their Statement of Licensing Policy. For example, at 18.6 it is stated that shops, stores and supermarkets should generally be permitted to sell alcohol for consumption off the premises during normal hours they intend to open for shopping purposes. Further, and in terms of the operation of other outlets in the vicinity, the established principal is that terminal hours should be staggered although they may depart from this where it is appropriate to do so. 

In terms of the potential for this premises to have a detrimental impact on the Licensing Objectives Members noted there had been no representations from Responsible Authorities. Further, and with regard to an evidential basis for the Interested Parties’ fears, Members noted the applicant already operates a Premises Licence at the Wellington Gallery without issue and the only reference to noise and obstruction in the village was in the vicinity of the Lazy Lobster at South Parade. Whilst noting these premises are also owned and operated by the applicant there was no evidence presented to suggest that those incidences were directly attributable to the Lazy Lobster. Members had sympathy with the Interested Parties’ legitimate concerns, however, there was no information linking incidents of nuisance or antisocial behaviour in the village to premises operated by the applicant and, moreover, nothing to suggest the application if granted would prove problematic.

Accordingly, as Members had not been presented with any evidence upon which to base a reasonable belief that these premises would have a detrimental impact on the licencing objectives, or given grounds to depart from Policy and or Guidance, the application was granted as applied for with the additional conditions offered by the applicant within the additional information. 

Members did not, however, consider it appropriate or proportionate to impose conditions or cut back the use of the outside area.

Authority is delegated to the licensing officer to issue the licence with conditions consistent with the operating schedule and those offered by the applicant in the additional information.