Agenda item

Licensing Act 2003 – Application for a new Premises Licence.

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


Signal Post, 79 Rowlands Road, Worthing, BN11 3JN


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


Presenting Officer outlined the application


The Licensing Officer outlined the application before members. Members were advised that the application had been the subject of formal representation by one responsible authority, Sussex Police and 4 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 The Officer clarified that the Police had withdrawn their representation given that the applicant had agreed to additional conditions suggested by the Police. He also advised that after successful mediation with the applicant one of the public representors had also withdrawn their objection.


The applicant confirmed that the Licensing Officer had provided an accurate outline of the application.


Questions from Members for the presenting Officer


There were none.


Representation from the applicant.


The applicant made a representation which is summarised as follows:


·         They planned to open a food focused, high end deli / wine bar / tap house that served good quality food, fine wines, beers and ciders. They did not intend the venue to be a loud music and party type of establishment.

·         They were keen to be involved in the reinvigoration of Worthing’s west end and felt that the area currently lacked this type of connoisseur's venue.

·         They were of the opinion that the presence of their venue in this area would discourage crime helped by their additions of alarms, CCTV and trained and responsible staff, all of whom were personal licence holders.


Questions from Members to the applicant.


A member asked if they planned to utilise the opening hours that they had applied for, 12:00hrs - 23:00hrs daily. The applicants confirmed that their intended hours were Tues - Thurs 12:00hrs - 21:00hrs and Fri and Sat 12:00hrs - 22:00hrs. They clarified that they had applied for the later closing time so they could occasionally hold events such as taster evenings.


A member asked the applicant to expand on the soundproofing plans they had to avoid disturbing neighbours. The applicant explained that a qualified acoustician was due this week to survey their venue to advise them of what soundproofing they would need on both the ceiling and windows.


Summing up by the applicant


The applicant gave a summary reiterating their plans for this new venture and explained that they had consulted with all four residents who had made representations in opposition to their plans. They had listened and taken on board all the neighbours' concerns which had resulted in their soundproofing plans and discussions over a designated smoking area which would be least disruptive to residents.


The meeting adjourned to go into closed session at 6.55 pm


In reaching its decision the Licensing Sub-Committee has given due regard to the following:


The statutory licensing objectives

·         Worthing Borough Councils Statement of Licensing Policy

·         Guidance under section 182 by the Home Secretary and Licensing Act 2003.

·         The application, written/oral representations made at the hearing and in writing.

·         The Committee also gave regard to human rights legislation and the rules of natural justice.


In discharging its functions the Committee did so with a view to promoting the Licensing objectives, the relevant objectives here were prevention of crime and disorder and prevention of public nuisance.


Resolved: to grant the new premise licence.


The reason for the decision is:


The Committee have listened carefully to the Applicants and considered all the written representations and they have considered the mediation between Sussex Police and the further conditions that have been agreed. They are satisfied that the licensing objectives will not be undermined with the grant of this new premise licence and that the Applicants understands what is needed to ensure that the licensing objectives continue to be promoted.


Advice to parties:


Those who have made representations in connection with this application are reminded that they may appeal against this decision within 21 days by giving notice to the Magistrates Court. Interested parties are reminded that they may apply for a review of this licence “after a reasonable interval” pursuant to Section 51 of the Licensing Act.


Any licence granted under the Licencing Act 2003 does not override any planning restrictions on the premises nor any restrictions that may be attached to the lease of these premises.


The applicant is reminded that it is a criminal offence under the Licensing Act 2003 to carry on licensable activities from any premises when you do not have a licence in place and you may be prosecuted.

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