Agenda and draft minutes

There were no declarations of interest.

Re: OUTCOME OF A HEARING

APPLICATION TO VARY A PREMISES LICENCE: IMPERIAL ARMS, 1 OLD HILL, CHISLEHURST BR7 5LZ

The application to vary a premises licence at the above address was heard by the Licensing Sub Committee on 5th November 2021 and the outcome is detailed below:

Licensing Decision:

1.  The Panel made the following decision having regard to:

-  The four licensing objectives,

-  The Council’s Statement of Licensing Policy 2021 – 2026,

-  Guidance issued under the Licensing Act 2003,

-  Written and oral representations from the Applicant and her representative,

-  Written and oral representations from local residents,

-  Written representations from Local Planning Authority, and

-  Written representations from Metropolitan Police Authority

The application was originally for variations to the premises licence as set out in part 3 of the application. However, at the hearing the applicant advised that it was now proposed that live and recorded music would cease at 23.00 hours on all days of the week and that the licence should reflect that change. The applicant also requested that the following changes to the application be made, namely that conditions 10 and 12 were to remain on the licence and condition 17 be amended to read that the external areas of the premises should only be used for drinking between the hours of 10.00 to 22.00 hours on Mondays to Saturday and between 12.00 hours and 22.00 hours on Sunday and that no on-sale drinks to be taken by customers to an outside area of the premises after 22.00 hours.

(i) The case for the applicant

The applicant was represented by the Designated Premises Supervisor, Tina Bullard and the solicitor for the holder of the licence, Leigh Schelvis. They explained that the purpose was to update the conditions to reflect the amendments made to the Licensing act 2003 by the Live Music Act 2012. The aim was also to remove conditions dealt with by other legislation, which were outdated and, in their opinion, unenforceable or which were outdated and adversely affected the operation of the premises. Other changes sought to add new conditions or amend current conditions to reflect current trading practices and government guidance. The pub was managed by a good operator with the result that noise complaints had dramatically reduced. Three TENS had been applied for in April 2021 where the outdoor area had been used until 10pm with no noise complaints. When clearing the outdoor area, staff were aware of the nearby residential properties and the need to keep disturbance to a minimum.

(ii) The case for the objectors

In addition to the written representations, the Sub-Committee was addressed by local residents, Mr Wolfe (on behalf of Mr and Mrs Collins), Mr Fraser, Ms Lee-Nichols and Mr Hardy. They confirmed that the amendments to the application did go some way to resolve the original objections. However, the changes to condition 17 in respect of timing of the use of the outdoor area did still cause concern. The hearing adjourned to  ...  view the full minutes text for item 3.