Agenda and minutes

It was moved by Councillor J Cotterill, seconded by Councillor J Ruff and

RESOLVED THAT:

Councillor M Specht take the chair for the remainder of the meeting.

There were no apologies for absence received.

Under the Code of Conduct members are reminded that in declaring disclosable interests you should make clear the nature of that interest and whether it is pecuniary or non-pecuniary.

No interests were declared.

PREMISES:    The Halfway House, 65 Church Street, Donisthorpe, Swadlincote, Derby DE12 7PX

APPLICANT:  Peter Riley and Paul Aldred

To determine an application for a variation of a premises licence in respect of the above.

A representation has been received from a local resident.  A Notice of Hearing inviting them to attend has been sent to them.  If they fail to attend, the hearing can be held in their absence or adjourned.

The following documents are attached: -

a)     Report of the Licensing Enforcement Officer

At the beginning of the Hearing, the authority shall explain to the parties the procedure it is proposed to follow.  The Hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless it is required to consider the representations.

The Legal Advisor explained that the objector to the application was not able to be present at the hearing.  He advised that, as a representation had been submitted by the objector in writing, as well as a further update which had subsequently been circulated, he felt that there was no reason why the hearing could not proceed in their absence as their views had been adequately represented.

Before inviting the Licensing Enforcement Officer to present the report, the Chairman sought clarification on what was being requested by the applicants as some points in the application form had been marked with a tick and others with a cross.  The applicants confirmed that the points marked with a cross should be considered to indicate their preferences in the same manner as ticks.

The Chairman introduced the parties and explained the procedure to be followed.  As there were no other parties present it was not necessary to agree a maximum time limit for presentations.

The Licensing Enforcement Officer presented the report to Members, highlighting background information and the representations received.

Councillor J Ruff expressed concern that the beer garden would be open until 1.00am on Fridays and Saturdays and asked if the premises itself already had a licence until 1.00am.

Mr P Riley responded that the premises was currently licensed until 1.00am.

The Legal Advisor explained that questions should be directed to the Licensing Enforcement Officer at this point in the hearing.

Councillor J Ruff asked why it was necessary for the beer garden to be open until 1.00am if the premises was licensed until that time.  She commented that most beer gardens shut earlier than this.

The Licensing Enforcement Officer advised that she had undertaken some research into local beer gardens and some premises had restrictions, however there were many without.  She advised that the closest premises to the Halfway House was the Masons Arms and they had no restrictions imposed on the use of the beer garden.

Councillor J Cotterill commented that as a smoker he could understand why you would want the beer garden to be open for the same hours as the premises.

The Licensing Enforcement Officer explained that the consumption of alcohol in itself was not a licensable activity, and therefore there was nothing to prevent patrons purchasing a drink at the bar and consuming it outside.  She clarified that what the applicant was seeking was the ability to install a temporary structure from which alcohol could be served outside if a large event was taking place.

Mr P Riley addressed the Sub Committee and presented his case.  He explained that he and Mr Aldred had refurbished the pub to a very high standard and had been seeking to buy the land for the beer garden for three years as it was the only thing missing from the pub.  He stated that the play area had been installed at a large cost and commented on the high quality of the play equipment.  He added that the play area  ...  view the full minutes text for item 4.