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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 15/08/2005
APPLICATION FOR A LICENCE TO OPERATE A RIDING ESTABLISHMENT


Summary & Purpose
Waverley Borough Council is the Licensing Authority under the provisions of the Riding Establishments Acts 1964 and 1970, and the purpose of this report is to determine an application for a licence to operate an establishment at Kiln Cottage Stables, Badshot Farm Lane, Badshot Lea, Farnham.
Quality of Life Implications
Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe Communities
Local Economy
Natural
Resource Use
Pollution
Prevention and Control
Biodiversity
and Nature
Local
Environment
Social
Inclusion
Safe, Healthy
and Active
Communities
Local
Economy
N/A
Positive
Positive
Positive
N/A
Positive
Positive

APPENDIX A
WAVERLEY BOROUGH COUNCIL

LICENSING (GENERAL PURPOSES) SUB-COMMITTEE
15TH AUGUST 2005
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Title:
APPLICATION FOR A LICENCE TO OPERATE A RIDING ESTABLISHMENT

[Wards Affected: Farnham Weybourne & Badshot Lea]
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Summary and purpose:

Waverley Borough Council is the Licensing Authority under the provisions of the Riding Establishments Acts 1964 and 1970, and the purpose of this report is to determine an application for a licence to operate an establishment at Kiln Cottage Stables, Badshot Farm Lane, Badshot Lea, Farnham.
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Quality of life implications – social, environmental & economic (sustainable development):

Natural Resource UsePollution Prevention and ControlBiodiversity and NatureLocal EnvironmentSocial InclusionSafe, Healthy and Active CommunitiesLocal Economy
N/APPPN/APP

The aim of the licensing system is to ensure that premises granted a licence under the Act conform to the conditions of the licence as required in the legislation. This has a range of positive environmental benefits, not the least of which is ensuring an operation which is more likely to operate safely to the healthy benefits of the active local community.

E-Government implications:
Comprehensive information about Licences to operate a Riding Establishment, including application forms, and fees, are currently available to applicants on the Waverley website.

Resource implications:
Inspection charges and administration costs as a result of this application have been taken into account in the fee of £270.00, which has been paid by the applicant.
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Background
This Council is the Licensing Authority for the Waverley area for the purposes of the Riding Establishment Acts 1964 and 1970 and has a responsibility to ensure that premises granted a licence under the Act conform to the conditions of licence as required in the legislation.

The Council’s Environmental Health Officers inspect all Riding Establishments annually to ensure compliance with these conditions or when a complaint has been received.

Details of Application
Mrs Eleanor Hierons made an application to operate a Riding Establishment on 26th April 2005. Your officers have visited the premises on 25th May 2005 in order to inspect the property to check compliance with conditions. The premises have been licensed for the purpose of operating a Riding Establishment since 1993 (but with different licensees).

During the visit only minor repair items were identified as needing attention and these were deemed to be due to normal wear and tear and have been brought to the attention of the applicant. All the stables have an appropriate external electricity supply and there is adequate ventilation. The structure of the property is sufficient to comply with the standard conditions and there is no reason to indicate that the licence should be refused on structural grounds.

The applicant applied to use 14 (fourteen) horses wholly for the purpose of the riding establishment, 6 (six) horses at part-livery (part used in the riding establishment) and 7 (seven) horses on full livery (not used in the riding establishment) adding to a total number of 27 (twenty seven) horses present on the premises.

Other relevant matters

The applicant currently holds a Riding Establishment Licence at Silvermere Equestrian Centre, Bramley Hedge Farm, Redhill Road, Cobham, Surrey. Her proposal is to move the current riding establishment, including all horses and equipment from Silvermere Equestrian Centre to Kiln Cottage Stables. Your Officers have contacted Elmbridge Borough Council and are satisfied that the applicant is suitable to hold such licence. Elmbridge Borough Council has also provided your Officers with a veterinarian report from Mr Brian Pooley, B.Vet.Med. MRCVS, attached as Annexe 1. This report confirms the fitness and well being of the horses proposed to be used in this Riding Establishment. The report from Elmbridge Borough Council and Mr Pooley’s report are dated from 23rd February 2005. Waverley’s policy is to ensure that veterinary inspection of horses is carried out every twelve months.

Options available to the Council

The options open to the Council are:
(a) to grant a licence (inclusive of the standard conditions referred to at Annexe 2) to the applicant to operate a Riding Establishment at Kiln Cottage Stables, Badshot Farm Lane, Badshot lea, Farnham, Surrey GU9 9HY

(b) to grant a temporary licence (inclusive of the standard conditions referred to at Annexe 2) to the applicant to operate a Riding Establishment at Kiln Cottage Stables, Badshot Farm Lane, Badshot Lea, Farnham, Surrey GU9 9HY. Were the committee minded to apply a temporary licence for six months this would ensure that veterinary inspection of the horses by our Waverley Vet falls twelve months after the Elmbridge Borough Council veterinary examination (last examination).

(c) to refuse the application for licence on the grounds of:

Human Rights Implications
Individual rights to respect for one’s home, and private and family life are protected under the European Convention on Human Rights, through the Human Rights Act 1988, as well as being obliged not to interfere on its own account.

Article 6, Right to a Fair Trial and Hearing principles should be applied in this matter. In addition, under Article 1 of the first protocol, a licence may be classed as a possession to which a person is entitled to peaceful enjoyment. No one shall be deprived of their possessions unless it is in the public interest and subject to conditions provided by law. If any conditions are imposed they must be reasonable and proportionate.

Community Safety Implications
There are no community safety implications in this report.

Conclusion

The applicant, Eleanor Hierons, is not disqualified to hold a Riding Establishment Licence and has paid the appropriate fee.

Recommendation

It is recommended that a temporary licence for six months be granted to Mrs Eleanor Hierons to operate a Riding Establishment in respect of premises at Kiln Cottage Stables, Badshot Farm Lane, Farnham, Surrey.


Background Papers (DoE&L)

Application for licence for 2004/05.
Report of Officers Inspection on 5th June 2005
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CONTACT OFFICER:

Name: Laurent Lemagnen Telephone: 01483 523 437312
E-mail: llemagnen@waverley.gov.uk
comms\licensing\2005-06\051.doc