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Agenda item

Application For a Variation to a Premises Licence - The Highway Inn, Burford

Purpose:

To determine a variation to a  premises licence application made by David Crank from DWF Law on behalf of The Bull at Burford Limited in regards to the premises The Highway Inn in Burford.

 

Recommendation:

That the Licensing Sub-Committee is asked, in light of the representations received, to consider the application and determine whether to:-

•           grant the application as requested;

•           grant the application subject to such conditions that are necessary to promote the licensing objectives;

•           refuse the application in whole or in part where it is necessary in order to promote the licensing objectives.

 

Minutes:

The Chair announced that the second hearing would consider an application for a Variation to a Premises Licence made by David Crank from DWF Law on behalf of The Bull at Burford Limited in regards to the premises The Highway Hotel in Burford.

The Panel was asked to consider the application and determine whether to:

·             grant the application as requested;

·             grant the application subject to such conditions that are

necessary to promote the licensing objectives;

·             refuse the application in whole or in part where it is

necessary in order to promote the licensing objectives.

David Crank from DWF was in attendance representing Highway Inn in Burford.

Gary Davies was present, one of the partners of the business.

Interested Parties present were:

Councillor Hugo Ashton

Manfred Schotten

Christina McMaster

Julia Hart

Gabi Schotten

The Chair outlined the process the hearing would follow and explained that the

Panel would be advised by the Council’s Legal Adviser, and Committee Clerk.

The Chair reminded all parties to highlight only issues that relate to the Licensing

Objectives should be considered that being:

·             The prevention of crime and disorder;

·             Public safety;

·             The prevention of public nuisance;

·             The protection of children from harm;

 

The Licensing Officer, Andrea Thomas began outlining the application, which would  consider a Variation to a Premises Licence, made by David Crank from DWF Law on behalf of The Bull at Burford Limited, in regards to the premises The Highway Hotel.

One of the variations would change the license name of the premises to the Highway Inn as it was historically known by the town and local residents. The Licence Officer highlighted that the Applicants had fully agreed to all the conditions, set out by the Councils Environmental Health Team.

The Licensing Officer concluded that there were objections raised by local residents, some of which were present at the hearing.

The Chair then invited Mr Crank to address the Panel.

Mr Crank addressed the Panel summing up the application and stated that there was no intention to operate the premises to cause issues to local residents. Music was only to be played inside the premises. Kitchen and late night refreshments operating all through the night would be for residents only, and that they have introduced Challenge 25.

Councillor Fenton sought to clarify the name change, Mr Crank confirmed variation from Highway hotel to Highway Inn.

Councillor Cahill wanted to clarify the off licence sales times of operation. Mr Crank confirmed they requested extension from 10:00pm to 23:59pm and 12:00pmto 22:30pm on a Sunday.

Councillor Ashton asked about the plans in the pack, and if they were able to be updated to reflect the current plans, with clear defined Boundaries.

Councillor Ashton queried whether late night refreshment would be both indoors and outdoors. Mr Crank confirmed the Application would be changed to indoors only.

The Licensing Officer confirmed that this could be added as a minor variation.

Julia Hart stated that she lived next door to the Highway Inn, and that bedrooms overlooked the premises courtyard. Julia Hart asked the Applicant what plans were in place for the Courtyard. Mr Davies confirmed that there were no plans for this space to be used.

Julia Hart requested that the lights in the courtyard are switched off at 22:00 hours.

Mr Davies agreed to this request.

The Panel retired to determine the application.

The Panel returned and advised that they had considered all of the case papers relating to the application and taken into account what had been said during the hearing. They had listened carefully to what the Applicant had said and to all Interested Parties concerns. The Panel stated they had also considered the Licensing Objectives, the Council’s Licensing Policy and statutory guidance.

The Panel were confident to accept the submission of the Applicant and that they will adhere to the conditions laid out in the present License and those conditions. The Panel are content that the conditions identified by Environment Health will address the Interested Parties concerns and therefore granted the varied application with the additional conditions.

Panel Resolved that the varied application be granted subject to the additional conditions:

1. At the end of a function an announcement must be made requiring that patrons leave the premises quietly;

2. Door and windows shall be kept closed (except for access and egress of patrons) at all times when regulated entertainment is being provisioned;

3. The volume and bass frequencies (low frequency content at 63Hz and 125Hz octaves) of recorded and live music shall be specifically controlled to prevent nuisance at neighbouring premises;

4. Any outside seating area shall close daily at 22:00hrs.

 

The Chair reminded all attendees that if conditions were breached, the Council had processes that the public can use to challenge and or complain about breaches.

Supporting documents:

 

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