Agenda, decisions and draft minutes

To receive any apologies for absence.

None

To receive and note any declarations of disclosable pecuniary interests, other registrable interests and non-registrable interests in respect of any matters included on the agenda for consideration at this meeting.

(The other registrable interests of Councillors of Somerset Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.)

None

The Chair confirmed the procedure.

On the evidence before it, having considered all the circumstances and agreement between the Applicants and Other Persons, the Sub-Committee grants the application to vary the Premises Licence as applied for, with the additional conditions as agreed with the police and set out in Annex (8) of the papers.

The sub-Committee further approves the removal of Condition 3 from Annex 2 of the Licence. 

The Sub-Committee advises the Other Persons that if they feel that noise is excessive their best option is to contact the Applicants, and that such procedures are used to keep channels of communication open.  In addition the Other Persons are advised to report incidents to Environmental Protection as well as keeping records of any concerns.

Parties are reminded that there are rights of appeal against this the Licensing Authority’s decision pursuant to Section 181 of and Schedule 5 to the Licensing Act 2003.  An appeal must be made to the Magistrates’ Court and commenced within 21 days of notification of the Authority’s decision.

All parties are reminded of the procedures contained within the Licensing Act 2003 relating to review of the premises licence.  This provision permits nearby residents, businesses or responsible authorities to apply for a review of a premises licence where problems with crime and disorder, public safety, public nuisance or the protection of children from harm are occurring. The Panel respectfully reminds all parties that for any review to go ahead, evidence would need to be collected of incidents occurring that undermine the licensing objectives.

The Licensing and Business Support Officer was invited to present his report.  He explained the Council had received an application from Scarlett Pub Company Limited.  The application was for a variation to the current Premises Licence at the White Hart Inn, 19-21 Sadler Street, Wells, BA5 2RR to amend the hours for the Sale of Alcohol, Regulated Entertainment and Late-Night Refreshment.

The Report explained The White Hart was a 15th century Inn located in the City Centre of Wells.  On the ground floor there was a bar area and a snug, (which could accommodate up to 12-people) there was a large self-contained function room situated on the first floor, (which could accommodate up to 80 people). Finally, there were 15-bedrooms for guest accommodation and an outside seating area to the side of the premises.  The premises was surrounded by a mixture of shops, businesses, restaurants, hotels, and residential homes.

The application asked for the following licensable activities:

Supply of Alcohol (On and Off the Premises), Monday – Sunday, 10:00am - 01:00am

Regulated Entertainment (Indoors), Monday – Sunday, 10:00am - 01:00am

Late Night Refreshment (Indoors), Monday – Sunday, 23:00pm – 01:00am

The Council had received four representations from Other Persons.  The representations raised concerns surrounding public nuisance, one of the four licensing objectives.  The principal cause for concern was the potential for noise nuisance.

The application was to increase the times that the premises could supply alcohol, have live and recorded music and offer late night refreshment by an extra hour. The current terminal hour for these activities was 12-Midnight. There had been a request to add a new condition in relation to ‘Challenge 25’ and to remove Condition 3 of Annex 2.   The Licensing Officer confirmed that the condition at issued had been put on the licence in error.

It was further noted that the request for a challenge 25 condition was covered by the Police conditions as agreed with the Applicant.

This variation application would be in keeping with other premises in the immediate vicinity of Sadler Street, examples of which were set out in the report.  The Authority had no record of any public nuisance complaints against these premises, and the Environmental Protection Team have raised no objections to this application.

Avon and Somerset Police Liquor Licensing had recommended certain conditions to the applicant during the representation period.  These conditions had been agreed and would be added to the premises licence. A copy of these conditions were attached to the report.

Applicant

The Solicitor representing the applicant was invited to speak. 

She said she had nothing to add to what the Licensing Officer had already outlined.

She further stated that she would like to make reference to appendix 8 of the report and that through the consultation period The White Hart had sought to engage all parties with regards to any objections they had. The White Hart sought to engage with the Licensing Officers at all times and this has proven to be successful.

The owners have agreed  ...  view the full minutes text for item 8.