Agenda item
Application for a Premises Licence Variation
- Meeting of Licensing Sub-Committee (Licensing Act 2003 Matters), Wednesday, 31st August, 2022 4.00 pm (Item 11.)
- View the background to item 11.
Purpose
To determine a Premises Licence Variation Application made by Emma Hewer at Bittenham Springs
Recommendation(s)
That the Licensing Sub-Committee is asked, in light of the representations received, to consider the application and determine whether to:-
- grant the application as requested;
- grant the application subject to such conditions that are necessary to promote the licensing objectives;
- refuse the application in whole or in part where it is necessary in order to promote the licensing objectives.
Minutes:
The Chair opened the Sub-Committee meeting by introducing himself and inviting the other Members of the Sub-Committee and Officers to introduce themselves to the Applicant(s) and members of the public
The Chair explained the nature of the decision to be taken, and the
procedure to be followed, stating that with each application the licensing authority (Licensing Sub-Committee) would reach its decision based on the merits of the application and the promotion of the four licensing objectives that were:
· the prevention of crime and disorder
· public safety
· the prevention of public nuisance
· the protection of children from harm
Licensing Officer
The Licensing Officer outlined the application, and relevant representations and the relevance to the Council’s Statement of Licensing Policy and statutory guidance.
The Licensing Officer introduced the Premises License Variation Application submitted by the Applicant; Emma Hewer at Bittenham Springs, to increase the days that activities can take place at the venue, and increase the boundary where activities can take place to include a new building at the site. Following representations, the Applicant had also amended the application to reduce the opening hours by 30 minutes every day. The playing of amplified, live and recorded music has also been amended by the applicant to ‘indoors only’ from ‘indoors and outdoors’.
The Licensing Officer summarised the Licensing Policy and stated that the decision options for consideration by the Sub-Committee were to:
· Grant the application as requested
· Grant the application subject to conditions
· Refuse the application in whole or in part
The Chair then invited questions for the Licensing Officer
The Sub-Committee noted that the opening hours were not a Licensing issue, except where they had had an impact on the Licensing Objectives.
The Sub-Committee noted that no complaints had been received in the past to the Licensing Team, and during consultation the Environmental Health Team did not comment in relation to complaints
The Sub-Committee noted that the application had been brought to the Sub-Committee as representations had been made and, although these had been resolved, the representations had not been withdrawn.
The Sub-Committee noted that the variation only refers to activities after 23:00-00:00 as the premises also serves alcohol and activities at other times are deregulated under The Live Music Act
The Sub-Committee noted the location of the new building at the site that was closer to the village than the original house.
The Applicant
The Chair invited the Applicant, to present their application and to clarify any information arising from the Licensing Officer’s presentation.
The Applicant stated that his family were very mindful of the impact that the development of a wedding venue could have on a village, and pointed out the great care and effort that had been made at Bittenham Springs to minimise the impact of their venue.
The Sub-Committee noted that the marquee venue had been in operation for 12 years without any formal complaints.
The Sub-Committee noted that the construction of the new solid building was part of the ongoing work to reduce (and with doors closed remove) noise nuisance.
The Sub-Committee noted that the application to open on more days (Monday-Sunday) would provide flexibility for couples, but would not increase the maximum limit of 28 weddings per year that could be held at the venue
The Chair requested all besides the Sub-Committee and Legal Officer to retire in order that the Committee could deliberate and reach a decision.
The Sub-Committee re-convened
The Chair stated that the Sub-Committee had decided to Grant The Application as Requested. The Sub-Committee considered the variation promoted the licensing objectives and the Council’s Policy
The Committee started at 4.00pm and ended at 4.50pm
Supporting documents:
- Report - Bittenham Springs, item 11. PDF 314 KB
- Annex A - Application, item 11. PDF 6 MB
- Annex B - Location Plan, item 11. PDF 319 KB
- Annex C - Representations, item 11. PDF 403 KB
- Annex D - Hearing procedures, item 11. PDF 138 KB