Agenda and minutes

Eastbourne Borough Council Licensing Act Sub-Committee
Wednesday, 11th October, 2017 6.30 pm

Venue: Town Hall, Eastbourne

Contact: Local Democracy on 01323 410000 

Items
No. Item

1.

Apologies for absence.

Minutes:

None were reported.

2.

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.

3.

Variation to a Premises Licence - Pizza Hot 4 You, 2 Susans 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 Pizza Hot 4 You, 2 Susans Road. Details of the current premises licence and variation sought were appended to the report.

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 (CIZ) and where valid representations were received, the cumulative impact policy (CIP) 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, two representations had been received from members of the public who owned and rented out premises adjacent to the applicant’s premises and were included as part of the agenda pack circulated.  The representations centred on the prevention of public nuisance (noise) and the prevention of crime and disorder licensing objectives.

An additional representation had been received from Hedleigh Emberson within the consultation period and was made available to all parties at the hearing.

Sussex Police, as a responsible authority had consulted with the applicant and agreed to a number of conditions and reduction of late night refreshment hours by 15 minutes. The email correspondence was appended to the report.

Ms Kate Barella addressed the Sub-Committee in objection to the application. The Sub-Committee were advised that Ms Barella owned the property above the premises and had rented it out to tenants for 5 years.  The current tenant had indicated they would be leaving the property due to the application being submitted.

Ms Barella’s concerns centred on the noise nuisance from the premises’ extractor fan not switching off before midnight and people sitting on the table and chairs outside the premises.  Other concerns included drug and alcohol issues in the area although that could not be attributed to the applicant, overflowing rubbish bins and litter on the street.

Ms Barella also stated that the application was contrary to the Council’s CIP and the steps taken by the applicant to promote the four licensing objectives were not sufficient to address concerns.  She believed that the issues in the area could be resolved by stopping late night licences being issued.

She concluded that the street was residential and that the residents deserved the right to live in peace without noise disturbance and anti-social behaviour.

In response to a question from the Sub-Committee, Ms Barella confirmed that the third representation from Hedleigh Emberson was the current tenant at the property above  ...  view the full minutes text for item 3.