Meeting documentation

Meeting documents

Licensing Sub Committee
Wednesday, 24th April, 2013 6.30 pm

Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.

Councillor M Specht take the chair for the remainder of the meeting.
There were no apologies for absence received.
There were no declarations of interests received from Members.

Parish Councillor A Sowter declared a disclosable interest as advised by the Monitoring Officer, as he was a plumber by trade and had undertaken work on neighbouring properties.

All parties confirmed that they had received the additional papers submitted by the applicant and the Parish Council.

The Legal Advisor reported that due to the changes brought in under the Live Music Act 2012, the provision of live music between the hours of 8am - 11pm was no longer a licensable activity and therefore was not a consideration for the Committee.

The Chairman introduced the parties and explained the procedure to be followed. The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence. It was agreed that the maximum time for each presentation be ten minutes.

The Licensing Enforcement Officer presented the report to Members, highlighting background information and the representations received. There were no questions.

The applicant explained the reasons why he had applied to vary the licence. Firstly, with regards to the extension to the sale of alcohol, he explained that this was mainly for when customers were celebrating a special occasion and would like to extend their evening within the premises instead of around Castle Donington. The application was for weekends only. Secondly, with regards to the use of the courtyard, he explained that the restaurant was small and by opening up the courtyard it would provide additional space. It would also provide an opportunity for customers to enjoy the summer months outside whilst dining. The applicant informed the Members that he also operated the business next door to the restaurant and he had visited the neighbouring residential properties to put their minds at ease. He stressed that the courtyard would not be a beer garden and that the entrance would be through the front of the premises only, not the side gate.

In response to a question from a Member, the applicant confirmed that the gates could only be released from the inside. He added that he would only be using the area in front of the storage building as the rest of the courtyard had uneven ground and was not suitable for dining furniture. At this point the applicant gave clarification of the proximity of the courtyard to the neighbouring properties by using the plan within the report. He stated that his intention was to close the courtyard area at 10pm and there would be no music played outside at any time.

In response to a question from a Member, the applicant stated that there was no intention for the courtyard to be used as a smoking area. The current arrangement was for customers to use the pavement at the front of the premises and this would remain the same.

The applicant gave the following responses to questions from Members:

- There were currently 32 seats in the restaurant.

- The other fast food premises in the vicinity closed at approximately 11pm.

- He had attempted to meet with the Parish Council but they had refused because there was not a parish meeting before the application was considered by the Sub-Committee.

- A Temporary Event Notice had been issued recently for the premises with no problems. The reason the notice was applied for was due to a fiftieth birthday celebration which required the sale of alcohol to be extended, the party was a great success and there had been no complaints. The applicant stated that even though the notice allowed the premises to sell alcohol until 1pm, he had closed the doors at 11pm and only allowed the customers that were already in the premises to buy alcohol. This was also the intention for the future.

Parish Councillor A Sowter, on behalf of the Parish Council stated that the business was welcomed but objected to the premises being open after midnight. The Parish Council's policy was to object to any premises that were adjacent to residential properties operating after midnight. A main issue was that two of the neighbouring residential properties were currently rented by the applicant but if that arrangement was to change it could cause noise problems for future tenants. He raised a concern that the dustbins were stored in the courtyard and this could lead to unpleasant smells for the customers. Also the courtyard had shared use for all neighbouring residential properties and he asked how this application would affect that. Parish Councillor A Sowter stated that he supported the neighbour's objections to the lateness of the licence and the use of the courtyard, and was disappointed that the notice of the application was displayed inside the premises as the tenants of number 32 and 34 were not aware.

The Legal Advisor stated that the multiple use of the courtyard was not a consideration for the Members as it was not part of the application. She added that the notice of the application had been displayed in accordance with all the legal requirements.

A Member asked for clarification of the storage of the dustbins. The applicant stated that he was intending to erect a fence around the area where the dustbins were stored so that they were not directly in the courtyard.

In response to a question from a Member, Parish Councillor A Sowter explained that the Parish Council meeting was not scheduled until the following evening, which is why negotiations had not been entered into with the applicant.

The applicant stated that he was prepared to be flexible with the operating hours he had applied for.

The applicant declined the opportunity to give a closing speech.

Mr A Sowter, gave a brief closing speech reiterating points made earlier in the hearing.

At 7.00pm the Sub Committee adjourned to consider its decision and reconvened at 7.18pm.


The application be granted as applied for.
Published on Wednesday, 12th June, 2013
The meeting opened at 6.30pm and closed at 7.21pm.

Attendance Details

Councillors R Adams, J Cotterill and M Specht.

Officers: Mr A Cooper, Mr P Dennis, Miss R Howe and Mrs R Wallace.

Applicant: Mr A Swift

Interested Parties: Parish Councillor A Sowter (Castle Donington Parish Council)