Agenda item

(Report LR523 refers)

The Chairman welcomed to the meeting:

Representing the Applicant – Norton Park Hotel

·         Karen Cochrane – Flint Bishop LLP (Solicitor for the Applicant)

·         Debbie Paggett (Premises Manager)  

Miss Appletree introduced the Report which set out the details of the application.  In summary, she explained that an application for a variation to the premises licence for Norton Park Hotel, Bullington Road, Sutton Scotney under Section 34 of the Licensing Act 2003.  The application proposed to amend the following condition from the Premises Licence ‘Licensable activities shall take place in the Barn only between the hours of 1100 and 2200’, to extend the hours until 0000 (midnight).  In addition, the applicant proposed to add two new conditions, as set out in Section 5 of the report.  These conditions proposed that noise nuisance may be prevented by the use of a noise limiting device and ensuring that the patio doors are closed save for emergency exit.

The Committee noted that the current Premises Licence allows the provision of regulated entertainment, provision of late night refreshment and supply of alcohol. Full details of the Premises Licence were set out in Appendix 3 to the report.

One valid representation had been received from an interested party raising concerns regarding the public nuisance licensing objective, as set out in Appendix 2 to the Report.

The Sub-Committee were advised that the representation referred to the planning consent granted in 2004 and were reminded that matters relating to planning were governed under the separate planning regime, did not form part of licensing and were not relevant for consideration of this application.

No further representations had been received from any responsible authorities or interested parties.

In response to questions, Ms Tetstall clarified that, at the present time, it had not been established whether the planning condition relating to the barn was still extant and as no definitive response had been received, this currently remained a moot point at this time. The applicant was informed to seek planning and legal advice from the Council on this matter under separate cover.

At the invitation of the Chairman, Ms Cochrane, speaking on behalf of the applicant, Delta Norton Park Op Co Limited, addressed the Sub-Committee and outlined the background to the variation of the premises licence to amend the hours for licensable activities to take place in the barn only to 0000 (midnight), in order to facilitate functions in the barn area.  Ms Cochrane outlined the further conditions that had been proposed as set out in Section 5 of the report which had been imposed to satisfy the application.

In summing up, in addition, Ms Cochrane advised that the applicant intended to implement further conditions to support the public nuisance licensing objective, as follows:

(i)         That fire tabs be placed on the barn doors from 10pm to prevent access to the garden; only to be broken in the event of an emergency;

(ii)        That no amplified bands be permitted in the barn;

(iii)       That smoking bins be relocated to an area which is less likely to cause      noise disturbance;

(iv)       That signage be installed to ask patrons to leave the area quietly; and

(v)        That bottle bins were not to be emptied after 10pm.

The Sub-Committee retired to deliberate in private.

In his closing remarks, the Chairman stated that the Sub-Committee had carefully considered the Application and the representations made by the applicant, relating to the prevention of public nuisance. It had taken into account the duties under the Crime and Disorder Act 1998 and the rights set out in the Human Rights Act 1998.

The Sub-Committee concluded that the application should be granted, with the conditions as set out in Section 5 of the Report and the additional conditions offered by the applicant at the hearing in order to promote the prevention of public nuisance objective, as follows:

(i)         That fire tabs be placed on the barn doors from 10pm to prevent access to the garden; only to be broken in the event of an emergency;

(ii)        That no amplified bands be permitted in the barn;

(iii)       That smoking bins be relocated to an area which is less likely to cause      noise disturbance;

(iv)       That signage be installed to ask patrons to leave the area quietly; and

(v)        That no bottle bins be emptied after 10pm.

The Chairman thanked all those present for attending the meeting and explained to all parties that they would be formally notified of the decision in writing in due course and of their right to appeal to the Magistrates’ Court within 21 days from the date of the decision letter.

RESOLVED:

1.         That the application for a variation to premises licence to extend the terminal hour to 0000 (midnight) in the barn only be granted to Norton Park Hotel, subject to the conditions set out in Section 5 of the Report and the further conditions offered by the application, as set out in (i) to (v) above.

REASON 

The applicant had addressed the licensing objectives and taken reasonable steps to mitigate the concerns of the interested party making relevant representation, including the prevention of public nuisance objective.