Agenda, decisions and draft minutes

It was proposed by Councillor Martin Lovell and seconded by Councillor Tony Robbins, that Councillor Tony Lock be appointed as Chair for this meeting of the Licensing Sub-Committee.

To receive any apologies for absence.

There were no apologies for absence.

To receive and note any declarations of 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: City, Town & Parish Twin Hatters - Somerset Councillors 2023 )

There were no declarations of interest.

To authorise the Chair of the meeting to agree the accuracy and sign the minutes as a correct record following circulation to the members of the Sub-Committee.

The Chair of the meeting was authorised to agree the accuracy and sign the minutes as a correct record following circulation to the members of the Sub-Committee.

The Licensing Sub-Committee noted the procedure to be followed when considering Licensing Applications under the Licensing Act 2003.  The Chair introduced the members of the Sub-Committee and the Officers present at the hearing.

To consider an application for the variation of a premises licence for The Virginia Ash, Henstridge.

The Licensing Sub-Committee resolve to GRANT the application for a premises licence as submitted for the Virginia Ash, Henstridge under section 34 of the Licensing Act 2003 subject to the following conditions to promote the licensing objective(s) of the prevention of crime and disorder and the prevention of public nuisance.

1. The relevant mandatory conditions under the Licensing Act 2003;
2. Conditions consistent with the applicant’s Operating Schedule

The Licensing Officer explained that the purpose of the hearing was to consider an application to vary the existing premises licence for The Virginia Ash at Henstridge as representations had been received in relation to the application.

The application was seeking to add the paddock to the current premises licence and to enable it to be used for licensable activities for no more than 12 events per calendar year.  The proposed activities to take place in the paddock were live and recorded music and the sale by retail of alcohol.  The proposed end time for these activities was 11.00pm. 

The Licensing Officer advised that three representations were received from Other Persons.  Concerns raised were in relation to noise and specifically mentioned experiences from an event held in the summer where music was described as extremely loud.  Frequency of events had also been raised as an issue particularly as many of the events could be held in the summer when windows were likely to be open.  The Licensing Officer referred to the map showing the approximate distances from the premises to the streets where the other persons lived as outlined in the agenda.  She reminded members that there was an exemption in place for live and recorded music when the premises is open for the sale of alcohol between the hours of 8:00 and 23:00 for an audience of up to 500 people but as the paddock could accommodate more than 500 people it was likely that it would not be covered by this exemption.

The Licensing Officer advised that the Police had agreed conditions with the applicant as outlined in the agenda.  She concluded that she was satisfied that the applicant had complied with the regulations requiring the application to be advertised.

Members of the Licensing Sub-Committee sought clarification over the Police agreeing conditions with the applicant during the consultation period. 

In response to a member question regarding any restrictions on the twelve events, the Licensing Officer said that there was a requirement to produce an Event Management Plan, which was a condition agreed with the Police.  She said that the lack of prior notification of an event had not been specifically mentioned as an issue in the representations. 

In response to a further question regarding the unauthorised event that was held, the Licensing Officer advised that complaints had been received about an event that was held over the summer and that there had not been any authorisation in place for any licensable activities.  The applicant was unaware of the requirement for a licence and believed at the time that the paddock was already part of the existing licence.  When it was brought to the applicant’s attention that this was not the case, an application was submitted.

The Applicant was invited to address the Sub-Committee.  He advised that they were under the impression that the premises licence covered the paddock. Once he was informed that this was not the case, he applied for a variation to rectify the licence.  The  ...  view the full minutes text for item 6.