Agenda and minutes

Eastbourne Borough Council Licensing Act Sub-Committee
Tuesday, 19th September, 2017 6.00 pm

Venue: Town Hall, Eastbourne

Contact: Local Democracy on 01323 410000 

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 to a Premises Licence - Dominos Pizza, 1 Langney Road. pdf icon PDF 92 KB

Report of Specialist Advisor.

Additional documents:

Minutes:

All parties present introduced themselves and the Chairman detailed the procedure to be followed at the meeting.

The Specialist Advisor for Licensing outlined the report detailing the application to vary a premises licence for Dominos Pizza, 1 Langney Road.  Details of the current premises licence and variation sought were appended to the report.

The Licensing Act Sub-Committee had previously granted a variation to Dominos Pizza on 19 June 2017, allowing the premises to provide late night refreshment from Sunday to Thursday from 23:00 hours to midnight, Friday and Saturday from 23:00 hours to 01:00 hours and removed the sale of alcohol as a licensed activity.

When submitting an application for a variation to a premises licence under the Licensing Act 2003, the applicant is required to describe any steps they intend to take to promote the four Licensing Objectives, as defined by the Licensing Act 2003.  These were appended to the report at Appendix 1.

The premises in question was located within the Cumulative Impact Zone and where valid representations were received, the Cumulative Impact Policy creates a rebuttable presumption that the application be refused.  It is up to the applicant to demonstrate that granting the application would not add to the cumulative impact caused by licensed premises and challenges already experienced in the area and would not undermine the promotion of the licensing objectives.

Following a consultation period of 28 days, six representations had been received, one supported by a petition signed by 37 local residents and businesses. The representations objected to the application on the four licensing objectives.

An email had also been submitted by Stephen Lloyd, MP for Eastbourne, supporting resident’s concerns and objecting to the variation.  The email, along with the applicant’s response were circulated to all parties present at the meeting.

Sussex Police had consulted with the applicant and agreed a set of conditions and reduction in hours compared to the original application. These discussions were appended to the report.

In response to a question from the Sub-Committee, the Specialist Advisor for Licensing advised that no complaints had been received since Dominos had been granted its variation on 19 June 2017.

Mrs Helen Hughes addressed the Sub-Committee on behalf of local traders and residents in the area.  Concerns were raised regarding setting a precedent for future applications from other premises in the area, causing distress to local residents by trading at unsociable hours and the location of the premises within the cumulative impact zone and recommended that the application be refused.

Mrs Hughes referenced 3 recent incidents of violent altercations that had occurred in Langney Road and Susans Road that had required a police response however she acknowledged that these could not be attributed to the premises.

Mr Adrian Ley addressed the Sub-Committee on behalf of the Town Centre Neighbourhood Panel.  Mr Ley’s concern with the application centred on experience of the issues associated with fast food outlets and the four licensing objectives.

Mr Ley addressed the Council’s Cumulative Impact Policy and praised its impact  ...  view the full minutes text for item 2.