Agenda and minutes
Venue: Main Committee Room
Contact: Jo Morris, Democratic Services Officer 01935 462055
Declarations of Interests
In accordance with the Council's current Code of Conduct (adopted July 2012), which includes all the provisions relating to Disclosable Pecuniary Interests (DPI), personal and prejudicial interests , Members are asked to declare any DPI and also any personal interests (and whether or not such personal interests are also "prejudicial") in relation to any matter on the Agenda for this meeting. A DPI is defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012 No. 1464) and Appendix 3 of the Council’s Code of Conduct. A personal interest is defined in paragraph 2.8 of the Code and a prejudicial interest is defined in paragraph 2.9. In the interests of complete transparency, Members of the County Council, who are not also members of this committee, are encouraged to declare any interests they may have in any matters being discussed even though they may not be under any obligation to do so under any relevant code of conduct.
There were no declarations of interest.
The Committee noted the procedure to be followed when considering Licensing Applications under the Licensing Act 2003. The Chairman introduced the members of the Sub-Committee and the Officers present at the hearing.
The Chairman confirmed that the Officer’s report relating to the case, the procedure to be adopted during the hearing and the documents which the authority is required to provide under the Regulations had been received by all Parties in advance of the meeting.
The Specialist – Licensing informed members that she had received an email from an interested party who was unable to attend the hearing. They had discussed their concerns with the applicants and confirmed that they would be prepared to withdraw their objection providing the applicant’s promise to prevent ingress and egress via the Pesters Lane entrance gate could be incorporated as a condition into any approval.
The Specialist - Licensing informed members that an application had been received from P6tey Ltd to vary the premises licence to be granted under the Licensing Act 2003 at The Etsome Arms, 6 West Street, Somerton, TA11 7PS. She referred to the licensable activities proposed to be varied and the timings as listed in the report. She advised that eight representations were received from “Other” Persons, which mainly related to the potential for noise and noise experienced when temporary event notices had been submitted. She confirmed that there had been no representations received from Responsible Authorities. The Specialist - Licensing referred to the temporary event notices that were held at the premises and confirmed that there had been no objections to the notices and the events had taken place. She advised that each premises could be subject to up to 15 temporary event notices per calendar year, but they may not exceed 21 days in total. She confirmed that the applicant had complied with the advertising of the licence as required under the Licensing Act 2003. Reference was made to the conditions currently attached to the premises licence which were outlined in the agenda report. She concluded by outlining the options available to the Sub-Committee and the right of appeal open to the applicants.
The Committee was addressed by the Applicant in support of his application. He explained that he had held a meeting with seven of the Interested Parties to try and address some of the issues raised. The applicant said that he would be willing to reduce the hours open to the public (Mon-Thurs 11.00am - 9.30pm and Fri-Sat 11.00am - 10.30pm) as the business was only run by himself and his wife. He had only applied for seven days as he planned to open on Christmas Eve, Boxing Day and New Year’s Eve and these days could fall on a Sunday. The Applicant indicated that should the Licensing Sub Committee feel it was more appropriate to grant a four day licence he would be happy to discuss this further. The applicant offered to erect appropriate signage on the gate to address parking problems and close the garden area at 9.00pm which would stop people congregating outside and making a noise. He agreed to erect a 6ft fence at the bottom of the garden to stop overlooking and to also construct a small smoking area to the rear door of the building which would stop noise outside the front of the premises. He confirmed that he would apply signage in three places in the garden area asking patrons to respect the neighbours and keep noise to a minimum. The Committee was then addressed by four people representing ‘Other Parties’ in objection to the application. Points raised related to following:
· Concern over the premises which was once a café serving food being turned into a pub.
· This type of premises was not suitable in this location.
· Concerns over smoke drifting into adjoining gardens and properties not being able to ... view the full minutes text for item 27.