Agenda item

To consider an application for a variation of a premises licence.

At the start of the hearing, Ms Daliah Barrett, Licensing Team Leader, informed the Sub-Committee that the applicant wished to submit additional papers. Furthermore, a plan had been submitted with the application and it was a requirement of the under the Licensing regulation that the plan submitted should be reflective of the premises. Licensing had received some additional photographs from the applicant displaying work that had been carried out to the garden area of the premises, so a structure had been built in the garden area that was not displayed on the plan that was submitted for the application. Nothing was mentioned on the application about the area either, so as a result, none of the interested parties to the application were aware of the structure. The regulations had not been followed as the correct plan had not been submitted.

The Legal advisor to the meeting stated that the plan was displayed on page 148 of the agenda papers and was no longer reflective of the actual condition of the premises. In effect, the application had not been made correctly.

In response to a question, Mr Simms, representing the applicant, stated that the late submission of documents included a noise impact assessment and this had been received from a noise acoustic company on 27 January 2023 and had been signed by the company on that date. In relation to the some of the images of the premises, these had been computers generated CGI images of the premises would look. The architect had completed the drawings and had completed a 3D walk-through of how the premises would look in its final form. In relation to the structure at the rear of the premises, a meeting had been held with the Planning Authority and the applicant needed to submit a planning application. The back of the premises had a cover. The garden area had no cover or shelter and a shelter had been built. A minor variation could be submitted to include the shelter. A shelter had been built so that patrons did not get exposed to bad weather.

The Legal advisor stated that under Section 23 of the Licensing Act 2003 (Premises licences and club premises certificate) Regulations 2005, the plan needed to show various elements. This included the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises, the location of points of access to and egress from the premises; in a case where the premises was to be used for more than one licensable activity, the area within the premises used for each activity; fixed structures (including furniture) or similar objects temporarily in a fixed location. The plan was not reflective of the application and did not comply with the relevant legislation.

Ms Barrett stated that a Planning Officer had been visited the premises and had emailed the enforcement matters that he wanted the applicant to address. The additional structure in the rear area had been made without planning permission. Had the various responsible authorities in residents had known that the outside area was going to be built on and be used for licensable activities they would have been able to consider it.

Mr Simms stated that the issue related to a wooden structure placed at the rear of the premises, there had been no change to boundaries, access or egress to the premises. There was no real impact on the application. 

Ms Barrett stated that the noise impact assessment did not cover the rear area and would have had an impact on residents.

At 8:51pm, the Sub-Committee adjourned to consider the application. The Sub-Committee reconvened at 9:07pm.

RESOLVED:

The Sub-Committee having considered the information having come to light at the start of the hearing and having heard from the Licensing Officer and the Legal Officer and having taken points of clarification from the applicant and having noted that the plans submitted with the application on page 148 not being correct or reflective of the current status of the premises and as such in contravention of section 23 of the Licensing Act 2003 (Premises licences and club premises certificate) Regulations 2005, the Sub-Committee decided to adjourn the matter to allow the applicant to submit a proper and correct application.