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Introductory remarks by the Chairman
The Chairman of the Panel will outline procedures to be adopted in relation to the conduct of the meeting and will introduce the Members of the Panel and other persons present.
The Chairman welcomed everyone to the meeting and following introductions he set out the procedure that would be followed during the hearing.
It was confirmed that a set of revised conditions had been submitted and were contained within the Panel’s bundle.
Apologies for absence
To receive apologies for absence.
Declarations of interest
To receive any disclosure of disclosable pecuniary interests by Members relating to items on the agenda. If any Member is uncertain as to whether an interest should be disclosed, he or she is asked if possible to contact the District Solicitor prior to the meeting.
Members are reminded that if they are declaring an interest, they should state the nature of that interest whether or not they are required to withdraw from the meeting.
There were no declarations of interest.
The Old Brewery, 84 High Street, Marlow, SL7 1AX
The Panel considered an application under s.17 of the Licensing Act for a premises licence in respect of The Old Brewery, 84 High Street, Marlow, SL7 1AX
Ms Caroline Steven, WDC Licensing Team Leader, outlined the case to the Panel as detailed in the report, and explained that the application under consideration was for a new premises licence for The Old Brewery, 84 High Street, Marlow. A current licence is in force for these premises and it was confirmed that this licence would continue in force regardless of the outcome of the hearing until it was either surrendered, suspended or revoked. It was therefore possible that, if the current application was granted in whatever form, that two licenses would be in force at the premises and any conditions attached to either premises licence would apply.
The new application sought to extend the opening hours at the premises by one hour until 03:00 on Friday and Saturday nights. Additional conditions were also offered within the operating paperwork.
The application had been advertised in the required manner and as a result various comments had been received. The police had agreed additional conditions with the applicant. Control of Pollution provided a record of noise complaints relating to the premises.
In addition, twelve representations had been received from local residents. It was confirmed that Mr Ian Sloman’s representation had since been withdrawn further to the additional information recently provided by the applicant.
Some of the residents were in attendance at the hearing and it was noted that everyone had seen the papers relating to the hearing and it was proposed not to read all the representations of those who were not present. The Chairman confirmed this was acceptable.
In relation to the application itself, the Panel’s attention was drawn to the relevant parts of the Council’s Licensing Policy and the Statutory Guidance, in particular 2.17 which referred to the use of conditions to control noise nuisance and suggested steps such as keeping doors and windows closed, or preventing the use of outside areas after a certain time. It also referred to the possible use of noise reduction materials and equipment.
Paragraph 2.21 dealt with matters which were considered to be outside of the control of the licensee in that they occurred away from the premises in question.
Paragraph 3.17 listed matters which the authority may particularly take into account, such as, measures to reduce noise nuisance and anti-social behaviour.
In determining the application, the Panel were required to take into account the Council’s policy and the Statutory Guidance and any decision made, or conditions imposed, must be done so in order to promote the licensing objectives which underpinned the legislation. These were:
The prevention of public nuisance
The prevention of crime and disorder
The protection of children from harm
The Panel must also take into consideration the representations made and the evidence submitted both in writing and orally at the hearing.
Any decision taken must be appropriate and proportionate and ... view the full minutes text for item 47.