Agenda and minutes

Councillor Onslow was appointed Chairman.

With respect to the application concerning the Railway Hotel, Note: Councillors Brock and Bennett declared a personal interest in that they had eaten at the premises.

The Application:

The applicant sought a premises licence for the supply of alcohol within a renovated pavilion for both on and off sales from 11.00 to 23.00 on Monday to Saturday and from 11.00 to 22.00 on Sunday. The premises being open to the public from 08.00 to 23.30 Mondays to Saturday and 08.00 to 22.30 on Sunday.

The case for the applicant:

The applicant’s consultant, Mr Mayhew advised that the applicant was a private company owned by four families. The site was currently used by three football teams for children’s and young persons’ football. It was mainly used on Saturday and Sundays. The club house needed refurbishment and to raise funds, a licence to supply alcohol at the pavilion was being sought. Many of the bookings would be from members of the club, but not exclusively so. The pavilion would not just be limited to football use and could be hired for a wide range of purposes. It was explained that the clubhouse, when refurbished, could be used by up to 150 persons, although this would be dependent on a fire risk assessment.

Mr Mayhew explained that his client had carefully considered the large number of objections. Some of the objections, in his submission, were not a matter for licensing. There were complaints about inconsiderate parking in the nearby streets and also traffic conflicts due to the narrow nature of St Dunstan’s Lane, backing onto Wickham Way. While public safety was a licensing objective, Mr Mayhew pointed out that the applicant had no control over parking issues outside of the site. Likewise, if persons were currently loitering in the area, this could not be related to the application. With reference to concerns about school children from the nearby schools passing the site, the applicant managed football for children and young persons and had child protection policies in place. Environmental issues and issues concerning the planning designation of the surrounding area as an area of special residential character were not for the licensing hearing.

Mr Mayhew said the objections had been carefully considered by the applicant. In addition to the agreed police conditions, the applicant had put forward 27 additional conditions for consideration. The car park could hold about 50 cars which was reasonable for the property. The hours were usual hours for a licensed premises. A dispersal policy could minimise the risk of nuisance when patrons left the premises.

(ii) The case for the objectors

In addition to the written representations, the sub-committee was addressed  by a representative of the Park Langley Residents Association. She pointed out the proximity of nearby residential properties in Wickham Way. The residents were already subject to noise within their houses from the use of the playing fields. This would be likely to worsen if the supply of alcohol was permitted. She was concerned that there was not a sufficient link with the sporting function of the site and the proposal could be described as for entertainment venue. There had been a dramatic  ...  view the full minutes text for item 15.

The application

The application was to vary the licence as follows:

1.Amend the terminal hour of the sale of alcohol and late night refreshment on Friday and Saturday to midnight; 2.Amend the terminal hour for opening hours to permit 30 minutes drinking up time; 3.Amend the start time of the sale alcohol and opening hours on Sunday to begin from 10:00 (currently 12:00); 4.Remove the restrictions set out in condition 9 which related to the times when alcohol may be sold, as these conflicted with the usual for the sale of alcohol. Condition 9 & 9a - f to be removed. Condition 9g to be retained. 5.Remove conditions 10 & 10a – j which contain outdated conditions and narrative from the Licensing Act 1964. 6.To add conditions as set out in the operating schedule of the application form.

(i) The case for the applicant

Members were advised that a number of TENS had been granted between August and September 2022 until midnight with 30 minutes drinking up time. No complaints had been made. A consultation meeting had been held with local residents. The applicant had a large number of licensed premises and the variation sought for Friday and Saturday evening was not unusual. The additional ten minutes drinking up time sought, accorded with more modern licensing practice and would allow a more orderly dispersal of customers. Councillor Brock was asked by the applicant to speak in favour of the proposal.

(ii) The case for the objectors

There was a sole objector, Councillor Bennett. He addressed the Sub-Committee and referred to the residential nature of the area, in particularly with a nearby elderly persons’ home in Red Lodge Road. In his opinion, the area was not suitable for extended hours. He had also visited the premises during the last two weeks and observed possible breach of licensed conditions in terms of closing hours.

Reasons for decision

Members considered the amended application, the written and oral representations, the Council’s Statement of Licensing Policy and statutory guidance. They did not feel there was sufficient evidence for them to conclude that the application would cause public nuisance. Members agreed that with the agreed condition concerning keeping the doors and windows shut, the application could be permitted without harm to the licensing objectives. Members noted that the police and the environmental health officer had not raised an objection. Nor had there been objections from members of the public. Although a concern had been raised about a possible breach of licensing closing hours, the Licensing Team had not raised an objection.

Decision

That the application for a variation of the premises licence be granted as applied for subject to the condition:

After 11pm, doors and windows at the premises shall be kept closed except for access and egress.

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