Agenda and minutes

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Contact: Committee Services  Tel: 01362 656870

Items
No. Item

7.

Application for the Variation of a Premises Licence for The Garden House, Overcross, Banham NR16 2BY pdf icon PDF 3 MB

Additional documents:

Minutes:

The following persons were in attendance to speak:

 

Applicant

Mr R Robert

 

Interested Parties

Mrs J Comben

Mr M Knight

Mr R Bush & Mrs J Bush

Mrs J Morley

 

The Hearing was conducted in accordance with the procedures as set out in the Agenda.

 

Findings of Fact

  1. The Sub-Committee accepts that none of the responsible Authorities has commented on the application.  The only representation has been made by Environmental Services.
  2. The Sub-Committee accepts that a number of objections have been made to this application.
  3. The Sub-Committee accepts that the licence-holder has attempted to control the causes of noise, and disturbance but further action is required.

DECISION 1

Having heard all the evidence and read the relevant papers, the Licensing Sub-Committee has decided not to grant the application for the variation of the existing premises licence as submitted.  The reason is:

 

Reason 1

The Sub-Committee is not satisfied that the measures proposed by the applicant are adequate to promote the Licensing objectives namely The Prevention of Crime and Disorder, and the Prevention of Public Nuisance.  The Sub-Committee accepts that noise and disturbance has occurred at the premises.

DECISION 2

The Sub-Committee has exercised its powers under Section 35(4)(a) of the Licensing Act 2003 and modified the terms of the existing premises license as follows:

Box E – Live Music

Friday and Saturday 23.00 hrs until 00:00 hrs

Box F - Recorded Music

Sunday to Saturday from 12:00 hrs until 00:00 hrs

Box L – Late Night Refreshment

Sunday to Saturday from 23:00 hrs until 00:00 hrs

Box M – Supply of alcohol

Sunday to Saturday from 12:00 hrs until 00:00 hrs

Box O – Hours premises are open to the public

Sunday to Saturday from 12:00 hrs until 00:30 hrs

 

Reason 2

 

The Sub-Committee is satisfied that the modifications imposed will promote the licensing objectives, in particular the Prevention of Crime and Disorder and the Prevention of Public Nuisance by restricting the use of the premises in the early hours of the morning, thus curtailing potential noise and disturbance to residents.

 

REASON FOR THE DECISION

 

The Sub-Committee is satisfied that the licence as modified will promote the licensing objectives namely the Prevention of Crime and Disorder and Prevention of Public Nuisance.

 

In reaching its decision, the Committee took into account the following National Guidance paragraphs: 2.18, 2.24, 8.34, 8.35, 9.33, and 9.34. 

 

The Committee also considered its own Policy Part 4, 5 and 6.

 

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