(Report LR524 refers)

            The Chairman welcomed all those present to the meeting:

Representing the Applicant – G A Gourmet Ltd

Laura Small (Premises Manager)  

Tom Hopkins (Operations Director for GA Gourmet Ltd)

Interested Parties

Rebecca Jones, also on behalf of Annie Shipwith

Miss Appletree introduced the Report which set out the details of the application. In summary, she explained that the application was for a variation to the premises licence under Section 34 of the Licensing Act 2003 for the Old House Hotel, The Square, Wickham, Fareham, PO17 5JG.  The application proposed to add Live Music (indoors and outdoors) and Recorded Music (outdoors) to the Premises Licence as Licensable activities. The proposed hours shown on the application for Live Music were 1100 to 2300 Monday to Sunday. The proposed hours for Recorded Music were 0700 to 0000 Monday to Saturday, and 0700 to 2300 on Sunday. Members were advised that full details of the application could be read in sections E and F of the Operating Schedule in Appendix 1 and full details of the current permitted licensable activities and hours could be found in Appendix 3 of the officer’s report.

In addition, the Committee was advised that Environmental Health had made a representation against this application with regards to the prevention of public nuisance licensing objective. This was withdrawn following an agreement of conditions between Environmental Health and the applicant. These conditions were described in Section 5 of the officer’s report. Further, that eleven valid representations had been received from ‘Other Persons’, all of which were against the application. These representations were set out in Appendix 2 and primarily relate to the prevention of public nuisance licensing objective. One representation, from Councillor Evans had been withdrawn since the publication of the report, leaving ten valid representations. The committee was advised that the withdrawn representation should not be considered in the determination of the application.

At the invitation of the Chairman, Ms Small, speaking on behalf of the applicant, addressed the Sub-Committee and outlined the background to the variation of the premises licence.  Ms Small also outlined a number of points that she felt dealt with the concerns that had been raised within the representations from interested parties.

The Chairman then invited any interested parties to address the Committee. Mrs Jones addressed the committee. In summary, Mrs Jones, whilst wishing the Hotel business well, did have a number of concerns regarding the application and asked the Committee to consider these prior to the determination of the application. The key matters she raised related to:

?             the proximity of neighbouring properties to the Hotel and the resulting noise disturbance.

?             the impact to the Conservation area status.

?             the disturbance to wildlife.

?             issues around parking of vehicles.

?             general disturbance as a result of increased footfall.

?             the number and timing of events being applied for.

Following discussion, Miss Appletree clarified that a licence was not required for a performance of unamplified, live music on any premises between 0800 and 2300 on any day. It was also confirmed that no Licence was required for Recorded Music that was set at a ‘background level’, above which normal conversation can be heard. After further debate the Committee agreed to adjourn in order to enable a discussion between the applicant and the interested parties to see if an alternative, suitable arrangement could be agreed that could then be proposed to the Committee.

The Sub Committee reconvened and a further discussion took place regarding the frequency of live amplified music indoors. . It was further proposed by the applicant that they would be willing to consider holding events at a less frequent interval than that previously put forward and suggested a limit of six events per year, at a frequency of no more than every other month The applicant also agreed to remove the proposal to add Recorded Music outdoors as a licensable activity, and they would only ever play ‘background level’ recorded music outdoors and thus this is not licensable.

The Sub Committee retired to deliberate in private. 

The Sub Committee reconvened and in his closing remarks, the Chairman stated that the Sub-Committee had carefully considered the Application and the representations made by the applicant and the interested parties, 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 (as amended below) in order to promote the prevention of public nuisance objective, as follows:

                   i.                Condition PN1 was no longer relevant and should be removed.

                  ii.                Condition PN2 was no longer relevant and should be removed.

                 iii.                Condition PN3, The final sentence only of this condition to be removed so that the condition now reads “The Premises Licence Holder shall ensure that nearby residents are aware of events and provide them with a telephone ‘hotline’ number in case they wish to make a complaint.”

                 iv.                Condition PN4 to remain as set out in the officer’s report

                  v.                The Premises Licence Holder shall ensure that Live Music occurs on no more than six occasions per calendar year, at a frequency of no more than once every other month.

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 only be granted to G A Gourmet Ltd, Old House Hotel, The Square, Wickham, subject to the conditions set out in Section 5 of the Report and the further conditions offered by the applicant, as set out in (i) to (v) above.

REASON 

The application as amended represents a balance between minimising the potential for public nuisance and the rights of the applicant to use their premises to generate an income.