Agenda and minutes

Dorset Council - Licensing Sub-Committee
Thursday, 30th May, 2019 2.00 pm

Venue: Committee Room C & D South Walks House, South Walks Road, Dorchester, DT1 1UZ (DT1 1EE for sat nav)

Contact: Kate Critchel  01305 252234 Email: kcritchel@dorsetcouncil.gov.uk

Items
No. Item

1.

Welcome, introductions and appointment of Chairman

Minutes:

Cllr Parker was the Chairman of the Sub-Committee and she welcomed everyone and introduced her fellow Councillors.

 

She then outlined the procedure to be followed for the  meeting establishing who was in attendance and who would want to address the councillors present.   

 

 

2.

Declarations of Interest

To receive any declarations of interest.

Minutes:

There were no declarations of interest to report.

The Chairman suggested that the licensing officer set out the details for all three applications at Bredy Farm, the sub-committee would then consider each application in turn and individually on their own merits.

3.

New Premises Licence Applications for Bredy Gate, the Parlour and an Application to Vary the Licence for the Cider Shed at Bredy Farm, Burton Bradstock, Dorset pdf icon PDF 92 KB

To consider a new premises licence application for Bredy Gate, Burton Bradstock, Dorset.

Additional documents:

Minutes:

Bredy Gate, Bredy Farm

 

The Licensing Officer set out the report for a new premises licence application at “Bredy Gate” Bredy Farm, Burton Bradstock, Dorset. The new premises licence application proposed to allow the following licensable activities:

 

Sale by retail of alcohol on and off the premises 11.00 – 02.00 hrs Friday to Monday

Performance of live music outdoors 12.00 – 23.45 hrs Friday to Sunday

Playing of recorded music outdoors 12.00 – 23.45 hrs Friday to Sunday

Late night refreshments outdoors  23 – 01.00 hrs Friday to Monday.

 

There had been three relevant representations received in relation to the application under the licensing objective of “prevention of public nuisance”.  Two representations from interested parties and one for the responsible authority – Environmental Health.

 

The Licensing Officer advised that none of the interested parties were in attendance at the meeting.  However, mediation between Environment Health Officers and the applicant  had resulted in Environmental Health withdrawing their objection, provided additional conditions can be added to the application (as attached at appendix 5 of the report). There were also several representations of support for the application.

 

The Parlour, Bredy Farm

 

In respect of the Parlour, new premises licence application, the Licensing Officer confirmed .that the application sought the following activities:-

 

Sale by retail of alcohol on and off the premises 08:00 – 23:59 hrs Monday to Sunday

Performance of live music indoors and outdoors 23:00 – 23:45 hrs Friday to Sunday

Playing of recorded music indoors and outdoors 23:00 – 02:00 hrs Monday to Sunday

Late night refreshment indoors and outdoors 23:00 – 23:59 Monday to Sunday

 

Two representations of objection were received as set out within the report and several similar letters of support.

 

The Cider Shed, Bredy Farm

 

The Licensing Officer set out the application for the “Cider Shed” requesting that the application be varied from its current licence to provide the following licensable activities.

 

Sale of retail of alcohol on and off the premises 08:00 – 02:00 hrs Monday to Sunday

Performance of live music indoors and outdoors 23:00 – 23:45 hrs Friday to Sunday

Playing of recorded music indoors and outdoors 23:00 – 02:00 Monday to Sunday.

 

The representations received were of a similar nature to those set out for the Parlour.

 

Representations from interested parties

 

The Chairman invited the Environmental Health Officer to explain the proposed environmental health conditions on the application for Bredy Gate. He confirmed that the proposed conditions would also support the licensing objective of “prevention of public nuisance” in relation to the control of noise on the site and the proposed conditions set out a number of steps to secure the process and that conditions are put in place accordingly.

 

The Environmental Health Officer acknowledged that the applicants had co-operated with the Council and had taken a number of measures to reduce the impact of noise in the neighbourhood.  However it was noted that the weather conditions could have significant implications on noise travel.

 

In response to a question from the  ...  view the full minutes text for item 3.

4.

Application to Vary an Existing Licence - Swim Cafe Bar Marine Parade, Lyme Regis pdf icon PDF 104 KB

To consider an application to vary the licence of the Swim Café, Marine Parade. Lyme Regis.

Additional documents:

Minutes:

The Chairman welcomed all present and it was confirmed that the objector to the application was not in attendance at the meeting.  The sub-committee would consider the written objections accordingly.

 

The Licensing Officer set out a report on an application to vary a premises licence for the Swim Café Bar, Marine Parade, Lyme Regis, Dorset.

 

The variation application requested the removing of the existing conditions and replace with new and to provide the following additional activities:-

 

Sale by retail of alcohol on and off the premises 10:00 – 02:00 hrs Monday to Sunday

Sale of retail of alcohol off the premises from the Kiosk 10:00 – 20:00 hrs Monday to Sunday.

 

There had been one written representation objecting to the application.

 

The Chairman invited the applicant Mr Briggs to address the sub-committee and the councillors were given the opportunity to ask questions.

 

The sub-committee then adjourned at 4.00pm to consider the application.  On returning at 4.10pm, the Chairman advised that

 

Decision

 

To grant the variation application of a premises licence known as SWIM CAFÉ at Marine Parade, Lyme Regis, Dorset on the basis of the operating schedule as set out by the applicant and to allow the following licensable activities:-

 

Sale by retail of alcohol on and off the premises 10:00 – 02:00 hrs Monday – Sunday

Sale by retail of alcohol off the premises from the Kiosk 10:00 – 20:00 hrs Monday – Sunday 

 

The sub-committee had listened to and read all the evidence presented to them and had concluded that the application to vary the Premises Licence at SWIM CAFE, Marine Parade, Lyme Regis, Dorset should be allowed subject to the mandatory conditions as set out in the Licensing Act 2003.  

 

That is the Sub-committee’s decision. However the matter will no doubt be brought to the authority’s attention for a review if there are any reasons for concern established.

 

Reason for the Decision

 

1.             In not imposing any conditions the sub-committee were operating within the spirit of the Licensing Act 2003, which states that conditions should not be imposed unless it would be necessary to refuse the application without them.

 

2.             The Licensing Sub-Committee carefully considered all the evidence put before it including third party representations, the licensing objectives, the Council’s Statement of Licensing and the Guidance issued under Section 182 of the Licensing Act 2003. The Sub-Committee considered that it was proportionate in the circumstances to grant the variation of the licence.

 

3.             It is of course the case that, if there were significant problems in the future, after the grant of this variation, a formal review of this licence could take place.

 

5.

Urgent items

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

 

Minutes:

There were no urgent items to report.