Agenda and minutes

RESOLVED:

That Councillor Laming be confirmed as Chairperson for                      the meeting.

To receive any disclosure of interests from Councillors or Officers in matters to be discussed.

Note: Councillors are reminded of their obligations to declare disclosable pecuniary interests (DPIs), other registerable interests (ORIs) and non-registerable interests (NRIs) in accordance with the Council’s Code of Conduct.

There were no disclosure of interests made at this meeting.

The Chairperson welcomed all those present to the meeting:

Applicant:

Abby Toms – Environmental Protection Manager, Winchester City Council

Phil Tidridge - Chartered Environmental Health Practitioner, Winchester City Council

Premises Licence Holder:

Jonathan Spencer – Premises Licence Holder (accompanied by Operations Manager)

Duncan Craig – Counsel for the Premises Licence Holder

Other Persons who have made written representations:

Councillor Susan Cook (representation on pages 58 to 61) - also speaking on behalf of Francesca Santovito (representation on pages 53 to 55) and Paul Gunter (representation on pages 56 & 57)

The Licensing Manager introduced the report which set out an application to review the premises licence, submitted by Abby Toms, on behalf of Environmental Protection for Winchester City Council (a responsible authority as defined under section 13 of the Licensing Act 2023) under section 51 of the Licensing Act 2003 for The Rising Sun, 27 Spring Lane, Colden Common, Winchester, SO21 1SD.

The application related to the prevention of public nuisance licensing objective following reports of noise disturbance from the premises and subsequent noise monitoring which was considered a statutory nuisance under the Environmental Protection Act 1990, and a public nuisance. An abatement notice was served on Lucky Hoof 2023 Ltd (the premises licence holder who has held the licence since 29 August 2024) under section 90 of the Environmental Protection Act 1990 on 24 September 2024.

The applicant (Environmental Protection (a responsible authority)) requested that the current public nuisance conditions on the premises licence are removed and replaced with alternative conditions to ensure the licensing objectives were upheld. The suggested conditions were listed in paragraph 5.3 (page 11) of the report. In relation to suggested condition 7, it was requested that condition include Environmental Protection, to improve the noise management plan and provide a clear deadline, therefore a suggested alternative condition was proposed as follows:

‘The premises licence shall operate in accordance with a Noise Management Plan (NMP), to be agreed and approved in writing by the Licensing Authority and the Environmental Protection Team within two months of the 22 July 2025 hearing decision.’

The full application, together with a copy of the abatement notice was set out in Appendix 1 to the report.

The Sub-Committee were advised that no representations had been received from any other Responsible Authority. Four written representations had been received from ‘Other Persons’; three in support of the review application relating to the prevention of public nuisance licensing objective and one of whom was in attendance and addressed the Sub-Committee (also speaking on behalf of Francesca Santovito and Paul Gunter, who had also submitted written representations but were unable to attend the hearing) and one in support of the freeholder of the premises. The written representations were set out in full at Appendix 2 of the report. The current premises licence was set out at pages 65 to 67 of the report.

The Licensing Manager drew the Sub-Committee’s attention to the relevant sections of the guidance issued under section 182 of the Licensing Act 2003  ...  view the full minutes text for item 3.