Venue: Norfolk Room, Elizabeth House, Dereham, NR19 1EE
Contact: Democratic Services
Apologies (Agenda item 1)
To receive apologies for absence.
Declaration of Interest (Agenda item 3)
The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011. Those Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.
Procedures (Agenda item 3) PDF 62 KB
The Chairman introduced the Members and parties present and explained the procedures.
Application for consent to place tables and chairs on the Highway under the s115(e) of the Highways Act 1980 - Red Lion, Quebec Street, Dereham, NR19 2DJ. (Agenda item 4) PDF 6 MB
Report of the Executive Manager for People and Public Protection.
The Hearing was conducted in accordance with the procedure as set out in the Agenda. The objector would also be given the opportunity to speak on the application.
The following persons were in attendance:
Applicant and Representatives:
Simone White – Licensee
Claire Johnson – Solicitor: The Craft Union Pub Company Ltd
Lee Wood – Representative: The Craft Union Pub Company Ltd
The Licensing Officer presented the report which asked Members to determine the application to place tables and chairs on the Highway around the Red Lion Public House, Quebec Street in Dereham.
The Solicitor, Claire Johnson, representing The Craft Union Pub Company Ltd stated that although this was a very comprehensive report, this was an application for consent to place tables and chairs outside of the Red Lion Public House during very limited hours. The Licensee had already complied with the standard conditions (attached at Appendix A of the Agenda pack) in respect of the existing wooden picnic tables already located in a different area at the rear of the premises.
It was highlighted that the application had been served on the relevant responsible authorities, Norfolk Constabulary, Norfolk Fire Service and Norfolk County Council Highways, of which no objections had been received. The Solicitor mentioned the objector’s concerns which had been attached in the form of an email at Appendix D and reminded Members that Licensing Authorities were bound by certain legislation and quoted Section 115(e) of the Highways Act 1980 as well as quoting the decision in relation to the outcome of the Daniel Thwaites Case. She also reminded Members that the area in question was observed by CCTV.
The Chairman said that he had visited the premises prior to the meeting and had measured the size of the proposed area as the measurements on the proposed plan (attached at Appendix B of the agenda pack) were not entirely clear.
Councillor Gilbert queried the current permission for tables and chairs on the Quebec Street side of the premises as according to the standard conditions such apparatus should be removed from the licensed area each day outside of the licensed period. He stated that these particular tables and chairs were rather large and heavy wooden picnic tables and benches and he felt that these would not easily be moved inside. The Solicitor advised that it was unlikely that this particular area would be used for a seating area in future. The Licensee pointed out that only one picnic table remained outside that area and would be removed.
Councillor Sharpe asked if the public house adjacent to the Red Lion was still in operation. He also asked how staff would prevent customers from other premises in the vicinity from sitting on the tables and chairs. The Licensee explained that the entrance to the premises next door was on Quebec Street, it was the fire exit that was opposite. Members were informed that this would be a management issue; staff would be monitoring the area and therefore should ... view the full minutes text for item 6018.