SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL

LICENSING (2003 ACT) SUB-COMMITTEE

 

 

Date of Hearing:	16 March 2018
Applicant’s Name:	Elgood & Sons Ltd
Premises Address:	Waggon and Horses, 39 High Street, Milton, Cambridge, CB24 6DF
Application:	Premises licence

 

Those present at the hearing:

Sub-Committee:	Councillor Andrew Fraser Chairman)
	Councillor Val Barrett
	Councillor Kevin Cuffley
SCDC Officers:	John Goodwin, Regulatory Enforcement Officer
	Myles Bebbington, Head of Service Environmental Health and Licensing
	Paul Weller, Legal Adviser
	Victoria Wallace, Democratic Services Officer
Applicant:	Mr Robin Hotson Mr George Betson
Representees:	Mr and Mrs Turner

 

The application

The application for a variation to a premises licence on behalf of Elgood & Sons Ltd, North Brink Brewery, North Brink, Wisbech, PE13 1LW was received by the licensing section on 2 February 2018, in accordance with the Licensing Act 2003. The requirements for advertising and displaying relevant notices were carried out in accordance with the Licensing Act 2003.

 

The premises requested the following:

            Sale by retail of alcohol for consumption on and off the premises:-

·         Monday to Sunday 10:00 to 01:00

Provision of late night refreshment:-

·         Monday to Sunday 23:00 to 01:00

 

Provision of live music (Indoors only):-

·         Monday to Sunday 11:30 to 00:30

 

Premises to be open to the public:-

·         Monday to Sunday 08:00 to 01:30

 

Background

 

The premises is in a village location positioned on High Street with residential properties to the sides and rear. It is located in the residential village of Milton.

 

The current licence permits the following:

 

            Sale by retail of alcohol for consumption on the premises:-

·         Monday to Sunday 10:00 to 24:00

 

Opening times to the public are as above plus 30 minutes at the end of the day.

 

Performance of live music (indoors):-

·         Friday and Saturday 19:30 to 23:00

 

Permissions for regulated entertainment are as stated above plus those permitted to all licensed premises by the Live Music Act 2012.

 

The premises has held a licence under the Licensing Act 2003 since its inception and previously held a licence under the Licencing Act 1964.

 

As part of the application process, no representations had been received for Responsible Authorities, however valid representations had been received from residents in the area.

 

As part of the application process the responsible authorities were contacted but made no representations against the application.

 

As part of the process, the applicant was made aware of the representations.

 

Relevant representations

 

No representations had been received from the responsible authorities, however representations were made by interested parties

 

Observations:

The panel heard representations from the applicant’s representatives George Betson and Robin Hotson. The panel also heard representations from local residents and business owners, Mr and Mrs Turner. The ensuing discussion centred on the potential level of public nuisance the variation to the licence could cause. The applicant indicated a willingness to work with those making representation and indicated the areas in which he would be prepared to be flexible. The main concern of the representees was the application for provision of late night refreshment.

 

The decision

Taking all the above into account, the Sub-Committee decided to AGREE  the application with the addition of appropriate and relevant conditions as follows:

 

Sale by retail of alcohol for consumption on and off the premises:

·         Monday to Saturday 10:00 to 01:00.

·         On a Sunday before a Bank Holiday the licensable activity can continue until 01:00.

 

Provision of late night refreshment:

·         Monday to Saturday 23:00 to 01:00.

·         On a Sunday before a Bank Holiday the licensable activity can continue until 01:00.

·         This will be restricted to the provision hot beverages.

 

Provision of live music (indoors only):

·       Monday to Saturday 11:30 to 00:30.

·       On a Sunday before a Bank Holiday the licensable activity can continue until 00:30.

 

Premises to be open to the public:

·         Monday to Saturday 08:00 to 01:30.

·         On a Sunday before a Bank Holiday the licensable activity can continue until 01:30.

 

Reasons

1. The sub-committee deemed it appropriate to impose conditions that promote the relevant licensing objectives and addressed the concerns of those who had made representations.
2. The Sunday restriction was discussed within the meeting and the principle was put forward by the representative of the premises.
3. Limiting late night refreshment to hot beverages was discussed within the meeting and the principle was put forward by the representative of the premises.

 

 

All parties may apply for a review of the Licence on a ground relating to one or more of the licensing objectives should there be any relevant issues arising from the operation of the Licence at any stage after the date of this decision notice.  The Sub-Committee hopes that local residents will feel able to bring any future concerns directly to the attention of the Applicant in an effort to reach an amicable solution.  The four licensing objectives are: the Prevention of Crime and Disorder; Prevention of Public Nuisance; Public Safety; and Protection of Children from Harm.

 

The objector has a right of appeal to the Cambridge Magistrates’ Court within 21 days of receiving notification of this decision.

 

Signed:

 

………………………………………………. Councillor Andrew Fraser (Chairman)

………………………………………………. Councillor Val Barrett

………………………………………………. Councillor Kevin Cuffley

 

 

Dated:             16 March 2018