LSC.06/16
The Sub-Committee
considered a report that sought to determine a request for
variations to the premises licence at The Hope and Anchor, Hope
Cove.
The Licensing
Specialist introduced the report and outlined the details of the
application as stated in the application form at Appendix A of the
presented report. The details of the
current licence were set out in Appendix B of the presented
report. Appendix C set out the
representations received and Appendix D the list of conditions
agreed with the Police Authority.
The Licensing
Specialist went on to outline the further information submitted in
relation to the application, and the proposed amendments to the
application as a result of representations received. She explained to the Sub Committee that the
application included a request for live and amplified music to be
played outside until 8pm, although this request may be considered
unnecessary as the Live Music Act 2012 allowed live and amplified
music to be played until 11pm.
1.
Address by the Applicant’s
representative
The
representative outlined the rationale behind the application in
respect of each element.
2.
Address by the
resident
The resident outlined
to the Sub Committee his relationship with Hope Cove and referred
to the village as a precious safe haven. He specifically responded to points within the
application and stated his concerns, particularly regarding
noise. He concluded by asked the Sub
Committee to maintain the village as a family haven and not a party
venue.
3.
Address by
Environmental Health
The representatives
from Environmental Health outlined their objections and concerns
with the application. The request for
amplified music was not supported. In
respect of sales of alcohol to residents and their guests, the
amendment to remove guests was welcomed and whilst not suggesting
that this element was not supported, there were still some
concerns.
Following the
statements made by all those in attendance, the Sub Committee asked
a number of questions to ensure clarity.
(At
3.00pm, the Sub-Committee adjourned in the presence of Mrs
Nightingale to consider the application and reconvened at
3.45pm).
4.
The
Decision
In
announcing the Sub-Committee decision, the Chairman read out the
following statement:
We have
considered the application to vary the premises licence.
We have
considered the Statement of Licensing Policy, the government
guidance and our obligations that relate to the promotion of the
licensing objectives.
We have
read carefully the written representations from parties not present
to day and have read carefully representations received from
parties present plus additional statements from persons her today.
We have also considered the additional conditions proposed by the
Police and accepted by the Applicant.
It is our
decision to grant this application in part, subject to the
following changes being incorporated into the operating schedule.
We have determined the changes to be appropriate to achieve the
licensing objectives:
-
Application to alter the internal area within which
entertainment may take place has been granted.
-
Application to allow amplified regulated entertainment to
take place in the external areas between midday and 8pm has been
refused as it would not address the licensing objectives,
particularly the prevention of public nuisance, and the Live Music
Act 2012 means that conditions relating to these activities are
unenforceable during the requested hours.
-
Application to change the commencement hour for the sale of
alcohol to 8am has been granted for residents only.
-
Application to allow purchase of alcohol by residents of
the premises until 1am and until 3am on New Year’s Day has
been granted.
-
Application to allow residents to be on the premises 24hrs
a day has been granted.
In addition
to being appropriate the Committee also believe the amendments to
be necessary.”