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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 09/10/2007
Minutes of 12th July 2007



Licensing Sub-Committee ‘D’ 3
12.07.07

MINUTES OF THE MEETING OF LICENSING SUB-COMMITTEE ‘D’ -
12TH JULY 2007

SUBMITTED TO THE LICENSING AND REGULATORY COMMITTEE MEETING –
8TH OCTOBER 2007

(To be read in conjunction with the Agenda for the Meeting)
*Cllr L C Bate*Cllr R A Knowles
*Cllr Mrs J P Hargreaves
* Present


1. ELECTION OF CHAIRMAN (Agenda Item 1)

Cllr L C Bate was elected Chairman for this meeting of Sub-Committee ‘D’.

2. MINUTES

The minutes of the meeting of Licensing Sub-Committee ‘D’ held on 5th October 2006 were confirmed and signed.

3. DISCLOSURE OF INTERESTS (Agenda Item 2)

There were no interests raised under this heading.
PART I – RECOMMENDATIONS TO THE COMMITTEE

There were no matters falling within this category.
PARTS II AND III – MATTERS OF REPORT

Background Papers

The background papers relating to the following report in Parts II and III are as specified in the Agenda for the meeting of the Licensing Sub-Committee ‘D’.
PART II – Matters reported in detail for the information of the Committee

4. LICENSING ACT 2003 – APPLICATION FOR VARIATION OF A CLUB PREMISES CERTIFICATE – OCKFORD SOCIAL CLUB, 1 COOPERS RISE, GODALMING
[Wards Affected: Godalming and Farncombe Wards]

4.1 The Licensing Officer introduced the report and identified the variations to the Certificate that the Club were requesting.

4.2 The Chairman advised that the Sub-Committee could only consider issues that impacted on the Licensing Objectives resulting from the sale and supply of alcohol and not those that related to planning or smoke-free legislation, unless they impacted on the Licensing Objectives.

4.3 The applicant’s solicitor advised that the application for BBQs in the car park was for up to four occasions per year. However, to alleviate the concerns of neighbours the Club would be prepared to consider reducing the number to up to two a year.

4.4 The applicant’s solicitor was aware of concerns expressed over the request to allow the consumption of alcohol in a designated smoking area and advised that the Club would be prepared to impose an upper time limit of 21.00 hours (or lower) and ensure that no children were allowed in the area.

4.5 In response to a question on the size of the car park and the siting of the designated smoking area, and with the agreement of all present, a plan of the premises was tabled showing the club house and car park area.

4.6 The Legal Adviser to the Council advised the Sub-Committee that any consideration of the use of a designated smoking area should only be considered in relation to the impact on the Licensing Objectives.

4.7 The local objectors said that noise and nuisance had been considerably reduced since the variation to the Club Premises Certificate in October 2005, but they were very concerned it would return should the consumption of alcohol be allowed in the car park.

4.8 Following discussion on the ability of Club officers to undertake the monitoring of members on the premises, the Club Secretary advised that the Club Rule Book had been amended to allow for this. A copy of the amended Rule Book was passed to the Licensing Officer.

4.9 In consideration of the residents’ concerns, the Chairman asked the applicant through their solicitor whether they would accept a Condition restricting the number of BBQs to two per year between the hours of 14.00 – 17.00, with food to be consumed only inside the Club House. The solicitor confirmed that the applicant would accept such a condition.

4.10 After hearing the representation from the applicant and considering the representations received from the applicant, those objectors present, written objections received, statutory guidance and the Council’s Statement of Licensing Policy, the Sub-Committee then withdrew to deliberate.

4.11 When the meeting resumed the Chairman advised all those present that the Legal Adviser to the Council had advised the Sub-Committee in closed session. The Legal Adviser then explained that he had assisted the Sub-Committee in formulating their reasons and proposed conditions to ensure they were not ambiguous and/or unenforceable, especially with regard to the introduction of the new smoke-free legislation.

4.12 The Sub-Committee was aware of the Club’s need for a designated smoking area following the introduction of the smoke-free legislation. However, the Sub-Committee was concerned that any amenities provided by pubs and clubs should not impact on the Licensing Act 2003 licensing objectives, in particular the prevention of crime and disorder and public nuisance.

4.13 The Sub-Committee was of the view that a designated smoking area within the grounds of the premises would be preferable to smokers congregating on the street, which could cause greater inconvenience or nuisance to neighbours. However, neither the consumption of alcohol nor seating should be allowed in the designated area as it was considered it would encourage patrons to remain outside.

RESOLVED that
5. A new Condition (vi) would apply to allow a BBQ in the car park on up to two occasions per year, as follows:

(vi) BBQ’s to be allowed in the car park on up to two occasions per year between the hours of 14.00 – 17.00 hours. Only the BBQ and attendant staff are permitted in the immediate area at such events. All food must be delivered to and from the cooking station by members of staff and must be consumed inside the club building. Reason

PART III – Brief summaries of other matters dealt with

There were no matters falling within this category.

The meeting commenced at 10.25 am and concluded at 13.34 pm.






Chairman

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