Agenda and minutes

Eastbourne Borough Council Licensing Act Sub-Committee
Wednesday, 1st October, 2014 6.00 pm

Venue: Town Hall, Eastbourne

Contact: Simon Russell on 01323 415021  E-mail:  simon.russell@eastbourne.gov.uk

Items
No. Item

1.

Declarations of Disclosable Pecuniary Interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests under the Code of Conduct.

Minutes:

None were declared.

2.

Variation of a Premises Licence - Galleria Ristorante, 117-119 Seaside Road. pdf icon PDF 39 KB

Report of Senior Specialist Advisor.

Additional documents:

Minutes:

The Chairman introduced members and officers present and detailed the procedure to be followed at the meeting.

The Senior Specialist Advisor outlined the report regarding the application to vary a premises licence for Galleria Ristorante, 117-119 Seaside Road, Eastbourne.

When submitting an application for a variation to a premises licence, the applicant is required to describe any steps they intend to take to promote the four licensing objectives, defined by the Licensing Act 2003. Steps detailed by the applicant were included at Appendix 1 of the report. The Committee was advised that no new plan of the premises had been submitted by the applicant. A copy of the current plan was included at Appendix 2 of the report.

The premises were located in the Cumulative Impact Zone, defined as where a significant number of licensed premises are concentrated in an area. When an area becomes saturated it creates exceptional problems that undermine the promotion of one or more of the licensing objectives. When valid representations are received in respect of a premises located within the area identified as being subject to the Council’s Cumulative Impact Policy, a rebuttable presumption is created that the application will be refused. It is for the applicant to address the Cumulative Impact Policy and produce evidence that the application would not add to the cumulative impact caused by the licensed premises and challenges already experienced in the area or otherwise undermine the promotion of the licensing objectives.

Representations had been received from two members of the public, Mr Mitchell and Mr Guest, opposing the application. The concerns centred on the prevention of public nuisance (noise) licensing objective. Representations had also been received from Sussex Police, Eastbourne Borough Council’s Licensing Team and Health and Environment Team as responsible authorities. Copies of these representations were included at Appendix 3 of the report.

The Sub-Committee was advised that a late representation had been received from East Sussex Fire and Rescue Services. It was considered as a preliminary matter whether to take this representation into account in the capacity of responsible authority. The Sub-Committee exercised its discretion and agreed to take the representation into account when reaching its decision as they took the view that it would likely be relevant to the question of the likely effect of granting the licence on the four licensing objectives.

 

A copy of the planning conditions attached to the premises had been included at Appendix 4 of the report. The Senior Specialist Advisor highlighted certain points of the planning conditions to the Sub-Committee including that the premises should be used as a restaurant and for no other purpose, any use authorised should take place between 8:00am – 11:00pm and details of sound insulation should be submitted to and be approved by the Local Planning Authority before commencement of the activity. However the planning situation at the premises fell outside the remit of the Sub-Committee and therefore members considered only the licensing aspects of the application.

Mr Elton, Barrister representing Sussex Police addressed  ...  view the full minutes text for item 2.