Agenda and minutes

Members and Officers must declare any disclosable pecuniary interests in relation to any business on the agenda. Declarations should also be made at any stage an interest becomes apparent during the meeting.

If in doubt contact the Legal or Democratic Services representative for this meeting. Members and Officers may seek advice upon any relevant interest from the Monitoring Officer prior to the meeting.

Councillor Dawn Smith declared that, in relation to the Factory Live application, she attended the South Broadwater Residents Association, but has not been present for any discussions about Factory Live and always leaves the meeting before the licensing section of the meeting. She declared she is not predetermined with regards to this application.

Councillor Roy Barraclough substituted for Councillor Lionel Harman

To receive any questions from Members of the public in accordance with Standing Order 11.2

(Note: Public Question Time will operate for a maximum of 30 minutes.)

There were no public questions.

To consider a report by the interim Director for Communities, copy attached as item 3.

Licensing Act 2003 – Application for a new premises licence at Tops Pizza, 14 South Farm Road, Worthing, BN14 7AA

 Before the Sub-Committee was a report by the Director for Communities, which has been circulated to all Members, a copy of which is attached to the signed copy of these minutes as item 3.

 Presenting Officer outlined the application

The Licensing Officer outlined the application, made on behalf of Tops Pizza Ltd, before members. The application sought to extend opening hours from 23.00 hrs to 03.00 hrs. No alcohol licence was sought. Members were advised that the application had been the subject of formal representation by two responsible authorities, the Police, the A&W Environmental Health Protection Team and there had been no representations from any members of the public. The Officer clarified that the Police had withdrawn their representation given that the applicant had agreed to additional conditions suggested by the Police. He advised that there had been no mediation between the A&W Environmental Health Protection Team and the applicant.

 The Officer asked the applicant’s agent if he was satisfied that an accurate outline of the application had been given to which the agent replied he was.

 Questions from Members for the presenting Officer

 A member inquired if vehicles used for delivering takeaway orders would also be used at the premises until 03.00 hrs and asked for confirmation that customers would not be allowed to eat on the premises during those extra opening hours. The Officer confirmed that no eating on the premises would be allowed during these hours and that takeaway vehicles would be used from the premises until closing time.

 Representation from Environmental Health Protection Team

The Officer delivered his representation explaining that the reasons for objection were that no other takeaway restaurants were open until that time, there were numerous residential dwellings at first floor level in the vicinity. There were concerns that any noise, including the restaurant kitchen extraction system, would be very audible at the hours applied for.

 Questions from Members for the Environmental Health Protection Team

 None

 Questions from Applicant for the Environmental Health Protection Team

The applicant’s agent queried whether the application would be more agreeable to the Environmental Health Protection Team if the extended hours requested were reduced to Friday and Saturday nights only.

The Officer replied that the opening hours were considered too late by the Environmental Health Protection Team for any night in that location.

 Representation from the applicant

 The applicant's agent had nothing further to add.

 Summing up by the Environmental Health Protection Team

The Officer acknowledged the applicants' verbal submission to decrease the days the extended hours were requested for but stated that the Environmental Health Protection Team’s objection remained.

 Summing up by the Presenting Officer

 None

 Summing up by the applicant

 None

 The meeting adjourned to go into closed session at 6.54pm

 Resolved:

The Sub-Committee considered all the written representations and the oral representations from the representatives of the applicant and the Environmental Protection  ...  view the full minutes text for item LCSC/9/22-23

To consider a report by the interim Director for Communities, copy attached as item 4.

Presenting Officer outlined the application

Licensing Act 2003 – Application for a Variation to a Premises Licence at The Factory Live, Unit 9a, Ivy Arch Road, Worthing, BN14 8BX

The Licensing Officer outlined the application, made on behalf of The Factory Live, before members. The application sought to extend opening hours from 23.00 hrs to 03.00 hrs on a Friday and Saturday night. He clarified that the applicant had stated his intention was not to open until 03.00 hrs every Friday and Saturday night, but to hold occasional club nights that had these hours. Members were advised that the application had been the subject of formal representation by two responsible authorities, the Police, the A&W Environmental Health Protection Team and 4 members of the public. He advised that there had been no mediation between the Police and A&W Environmental Health Protection Team and the applicant.

The Officer asked the applicant’s representative if she was satisfied that an accurate outline of the application had been given to which the representative replied she was.

Questions from Members for the presenting Officer

Members asked the Officer if The Factory Live had used TEN’s in the past for these occasional club nights with these late hours which the Officer confirmed was the case. Members asked the Officer if, in theory, the licence was granted the applicant could open on every Friday and Saturday to these late hours and the Officer confirmed that this was the case.

Representation from the Police

The Police Officer delivered his representation explaining that their objection was to the off-sales element of the application, the main concern being the risk that customers would leave the premises with alcohol which could lead to antisocial behaviour. He clarified that he had had no response from the applicant to requests for further information.

Questions from Members for the Police Officer

None.

Questions from the applicant for the Police Officer

None.

Representation from Environmental Health Protection Team

The Officer delivered his representation explaining that the reasons for objection were that there had been no information provided on how the noise levels would be measured with the new hours in mind. He also clarified that noise from customers drinking and chatting outside at the late hours was a concern.

Questions from Members for the Environmental Health Protection Team

Members asked what conditions could be imposed to avoid noise disturbance. The Officer clarified that there is equipment that can be used to lessen base noise such as compressors.

Questions from Applicant for the Environmental Health Protection Team

None.

Representation from a resident

A resident delivered a representation objecting to the extended hours being granted. The concerns covered within the representation included increased noise, litter and risk of antisocial behaviour.

Questions from Members for the resident

Members inquired whether the resident had made formal complaints in the past regarding noise from the venue. The resident clarified that they had not.

Questions from Applicant for the resident

None.

Representation from the Applicant

The Applicants representative delivered  ...  view the full minutes text for item LCSC/10/22-23