Venue: Old Court Room, The Council House (Chichester City Council), North Street, Chichester. View directions
To elect a Chairman for this Hearing
That Mr Budge be elected Chairman of the Sub-Committee.
Declarations of Interests
Members and officers are reminded to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they may have in respect of matters on the agenda for this meeting.
There were no declarations of interests.
Application for a Variation of a Premises Licence:
(a) Chair opens the Hearing.
(b) Items arising from Regulation 6 Notice (Notice of Hearing).
(c) Notice of any representations withdrawn.
(d) The procedure will then follow the Sub-Committee protocol and procedure note attached (pages 1 to 4).
Mr J Whelan, Operator and Designated Premises Supervisor
Mr P Warne, TLT Solicitors
Mr T Horne, Principal Environmental Health Officer.
The Chairman formally opened the hearing and advised that Mr Bennett would retire with the Sub-Committee, in the event of any legal advice being required, when they made their decision in respect of the application.
The Chairman sought clarification that there were no items arising from Regulation 6 (notice of hearing) of the Licensing Act 2003 (Hearings) Regulations 2005. He referred to an additional document received from the applicant that had been circulated that set out an offer of two additional conditions.
Mr Bennett advised that West Sussex Police had withdrawn their representation. He also advised that the decision made by the Sub-Committee today would be an oral decision and that the written decision would be final and set out the detail of the decision made.
Mr Foord outlined details of the application for the variation of the premises licence in respect of The Foundry submitted by the Spirit Pub Company (Lease) Ltd Group. He referred to a minor amendment to the plan which was shown on the enlarged copies circulated before the start of the hearing. The application was seeking to change the layout of the premises with the addition of a servery to the car park area that would incorporate the existing garden area. The sale of alcohol was the only licensable activity being applied for in the outside area. An amended plan had been received and the applicant was seeking to remove one condition. The current hours and permitted licensable activities remained unaltered. He explained that the original date for the hearing had been re-scheduled to enable mediation to take place between the Responsible Authority for the Prevention of Public Nuisance and the applicant, with the aim of successful mediation. The formal notice from the Licensing Authority advising of the re-arranged date was published on 3 April 2017 allowing mediation to take place for a further 28 days. On 24 April 2017 a second supplement to the agenda, containing the report of the Responsible Authority, was circulated.
He reported that a valid application had been received on 6 February 2017 and that the representation period had run for 28 days until 7 March 2017. The statutory notice had been displayed at the premises and a notice published in the Chichester Observer series of newspapers on 9 February 2017. During the representation period representations were received from the following responsible authorities: Sussex Police and Mr Horne, Responsible Authority for the Prevention of Public Nuisance. He advised that Mr Horne would provide details of the mediation that had taken place between himself and the applicant. The concerns raised by Sussex Police had now been resolved and the proposed conditions they had requested were set out on page 42 of the report. He advised that any amendments proposed remained a matter for the Sub-Committee to consider.
Mr Warne confirmed that Mr Foord’s summary was an accurate outline ... view the full minutes text for item 10.