Agenda item
Variation of a Premises Licence for New Inn, 1 Church Street, West Coker, Yeovil, BA22 9BD
To consider an application for the variation of a Premises Licence for New Inn, 1 Church Street, West Coker, Yeovil, BA22 9BD which has received relevant representation.
Decision:
On having considered all the evidence and all the circumstances, the Sub-Committee granted the application to vary the Premises Licence as applied for.
Minutes:
The Licensing Officer explained that members were being asked to consider an application for the variation of a premises licence for the New Inn, West Coker. The application sought authorisation for the premises to open from 10.30am each morning Monday to Sunday. The current opening time was 11.30am. The application also sought authorisation to be able to open and sell alcohol between 3.00pm and 6.00pm as the current premises licence required the premises to close between these times on Monday to Thursday. On Fridays, Saturdays and Sundays, the premises could open from 11.30am to half past midnight. The Licensing Officer advised that a relevant representation was received from a member of the public raising concerns in relation to noise and disturbance as a result of increased opening times as well as concerns that all day drinking could lead to anti-social behaviour. She referred to the representation mentioning a structure in the garden area and concerns that this could be used for the sale of alcohol. In response, the applicant had confirmed that there would be a structure, but it would not be used for the sale of alcohol but this may take place in the future. Members were informed that if the sale of alcohol were to take place in the future, a variation application would be required to add this to the licence and the applicant had been informed of this.
The Licensing Officer advised that further information had been received in support of the application in the form of letters from local residents. This information had been provided to all parties. A reply had been received from the other person who had commented that the local residents did not necessarily live close to the premises and consequently would not be affected by the noise from the premises. Members noted that the other person was not able to attend the hearing but their written representation had been received and noted.
The Licensing Officer concluded that she had received satisfactory evidence that the applicant had complied with the regulations requiring the application to be advertised.
The applicant commented that she had not received the separate response received from the other person. The Licensing Officer read aloud the full comment that had been received in response to the letters. She clarified that the letters had been given without any personal information such as names and addresses. The full versions were however given to members of the Sub-Committee, so they were aware of the proximity of the supporters to the premises.
In response to a question, members were informed that the variation licence had been in place since 2013 and the premises had also been licenced for many years before then.
The applicant was invited to address the Sub-Committee. She explained that the premises was a small hotel with six rooms as well as being a pub with a function room. The licencee had a lot of experience and had been managing the premises for seven months. She considered the application to be a reasonable application in line with the licence granted to the other premises within the area. It was disruptive for the premises including staff to close between the hours of 3.00-6.00pm. They wanted to stay open to allow people to go for a drink after work. The requested change in hours would also give hotel guests the option to have an alcohol beverage with their breakfast as well as afternoon tea. She was concerned that the premises would not be able to compete within the market in the area if the licence were to be refused. The Manager referred to concerns raised over all day drinking and commented that West Coker was not a place where this occurred.
In summing up, the applicant advised that that the furthest away that one of the many supporters of the proposal lived was 25 metres.
The Licensing Officer reminded members that the application was to consider the change to the hours the premises could open and sale alcohol only.
Members of the Licensing Sub-Committee, the Legal Officer and the meeting Democratic Services Officer, attending in an advisory capacity only, remained in the whilst the officer and applicants withdrew to allow the members of the Sub-Committee to consider their decision in private.
Members of the Sub-Committee considered their decision in private session and were mindful of the advice given to them by the Legal Officer.
On reconvening, the Chair informed those present at the hearing of the decision of the Licensing Sub-Committee. On having considered all the evidence and all the circumstances, the Sub-Committee agreed to grant the application to vary the Premises Licence as applied for.
All parties were reminded that there is a right of appeal against the decision of the Licensing Authority’s decision. Such an appeal is to be made within 21 days of the date of receipt of the formal Notice of Determination and should be made to the South Somerset Magistrates’ Court.
Supporting documents:
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report, item 12.
PDF 67 KB
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Appendix 1 application form, item 12.
PDF 5 MB
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Appendix 2 premises licence, item 12.
PDF 829 KB
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Appendix 3, item 12.
PDF 84 KB
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Information in support of the application submitted by the applicant (redacted), item 12.
PDF 3 MB