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					Licensing Sub Committee 30 October 2008 Agenda Item

Report by the Executive Head of Legal and Democratic Services Premises Licence Appeal: The Globe, 73 Newlands Road, Worthing

1.0 1.1 1.2

Summary Nicholas Spicer has appealed against the Committee’s decision of 31 July 2008. A without prejudice offer to settle the appeal has now been received from Nicholas Spicer. Recommendation It is recommended that: (a) The without prejudice offer from Nicholas Spicer be considered. (b) The Sub Committee determines its response to the without prejudice offer.

2.0 2.1

3.0 3.1

The application to vary the premises licence On 31 July 2008 the Sub Committee heard an application for the variation of the premises licence by the premises licence holder, Nicholas Spicer. Mr Spicer applied for a variation to increase the size of the doorway between the public and saloon bars to enable wheelchair access and to create a disabled toilet adjacent to the public bar. Further Mr Spicer applied to create a new access door from the public bar onto the new proposed patio area at the side of the public house and an amendment of condition 1 of Annexe 2 of the Premises Licence to allow the consumption of alcohol in the premises external areas including the front and side forecourts and the proposed patio area in the rear garden. Representations were received from the Police and two interested parties. The hearing and determination Representations were made to the Sub Committee on 31 July 2008 by the applicant Mr Spicer, Mr Webb of the Police and Ms Solomon and Mr Hopkins as interested parties. Mr Spicer volunteered further conditions (contained in Annex 1) at the hearing. These conditions were those proposed by the Police.

3.2

3.3 4.0 4.1

4.2

Sub-Committee Licensing & Control ‘B’ 30 October 2008

4.2

The Sub Committee’s decision was to allow the application to a limited extent. At Annex 1 is a copy of a letter of 04 August 2008 setting out the Sub Committee’s decisions. The headline elements of the Sub Committee’s decision were: • • • • There would be an increase in the size of a doorway between the public and saloon bars to enable wheelchair access; To create a disable toilet adjacent to the public bar; To refuse a new access door from the public bar onto the new proposed patio area at the side of the public house; To refuse amendment of condition 1 of Annex 2 of the Premises Licence to allow the consumption of alcohol in the premises external areas. The appeal JCP Law acting on behalf of Nicholas Spicer appealed to the Worthing Magistrates Court against the Sub Committee’s decision. Mr Spicer appealed against the refusal to allow a new access door from the public bar onto the new proposed patio and the refusal of amendment of condition 1 of Annex 2 of the Premises Licence namely to allow the consumption of alcohol in the premises external areas. The Licensing Officer, Mr Simon Jones contacted the interested parties asking whether they wished to give evidence at the appeal. Both of the interested parties indicated such a wish. Under Section 181(2) of the Licensing Act 2003, a Magistrates Court can: (a) dismiss the appeal. (b) substitute for the decision appealed against, any other decision which could have been made by the licensing authority. (c) remit the case to the licensing authority to dispose of it in accordance with its directions. (d) make such order as to costs as it thinks fit.

5.0 5.1

5.2

5.3

5.4

In this case it would be open to the Magistrates Court to permit an access door from the public bar onto the new proposed patio area and to amend condition 1 of Annex 2 of the Premises Licence to permit the consumption of alcohol in external areas. It would also be open to the Magistrates Court to order the Council to pay Nicholas Spicer costs if the appeal succeeds. Nicholas Spicer’s without prejudice offer On 20 October 2008, the Council received a without prejudice offer from JCP Law acting on behalf of Nicholas Spicer to settle the appeal on the following basis : (a) the creation of an access from the public bar to the new patio area at the side of the premises be permitted subject to the additional/altered conditions as follows;

6.0 6.1

Sub-Committee Licensing & Control ‘B’ 30 October 2008

Additional Conditions: (i) No licensable activities, refreshments or consumption of alcohol to take place externally, in the external drinking area, after 2200 hours and any moving of furniture and cleaning of the area not to take place until after 0700 hours the following morning. The only use of external drinking area beyond these times is for supervised smoking only. Customers to be advised by notices and verbally of the above, with regular staff supervision to promote and ensure compliance. The applicant will offer meetings with local residents quarterly or as mutually agreed. No glass bottles to be allowed in the external drinking area.

(ii) (iii) (iv) (v)

Amended Conditions: (i) (ii) (iii) Delete current condition 1 and substitute: “No alcohol to be consumed in the patio area”. Amend condition 12 to read “No new entry by the public after 2300hours”. Delete condition 19.

(b) No order as to costs. A copy of the proposed consent order is attached at Annex 2.

7.0 7.1

Legal The determination of applications and handling of any subsequent appeal are statutory duties/functions. Financial implications If the matter proceeds to appeal and the complainant is successful costs may be awarded against the Council. Recommendation The Sub Committee is asked to decide whether to accept this without prejudice offer. If it does so the Magistrates Court would be invited to make an order in the agreed terms at the hearing on the 21 November 2008. Acceptance of the without prejudice offer would avoid the risk of the Magistrates Court extending the licence conditions beyond those set out in the consent order. It would also avoid the risk of the Council having to pay Nicholas Spicer’s costs.

8.0 8.1

9.0 9.1

Sub-Committee Licensing & Control ‘B’ 30 October 2008

Local Government Act 1972 Background Papers: Guidance issued under section 182 of the Licensing Act 2003 by the Department for Culture, Media and Sport. Worthing Borough Council’s Licensing Policy. Report of Executive Head of Housing, Health and Community Safety to the Licensing Sub Committee on 31 July 2008. Minutes of Licensing Sub Committee on 31 July 2008.

Contact Officer: Jeremy Cook, Executive Head of Legal and Democratic Services 01903 221028 jeremy.cook@worthing.gov.uk

Sub-Committee Licensing & Control ‘B’ 30 October 2008

Appendix
1.0 1.1 2.0 2.1 3.0 3.1 Council Priority To create a clean, green safe environment. Specific Action Plans N/A Sustainability Issues The proper consideration of applications and any subsequent appeal than can impinge on the environment are inherently within the concept of sustainability. Equality Issues None identified. Community Safety issues (Section 17) The prevention of crime and disorder is one of the statutory objectives. Human Rights Issues The determination of applications and any subsequent appeal has the potential to impinge on the human rights of an applicant and those who have made the representations. Reputation None identified. Consultations A formal consultation process is inherent in the Licensing Act process. Those making representations have been advised of the intention to bring this matter before the Sub Committee on the 30 October 2008 and their right to make a statement at the meeting. 9.0 9.1 10.0 10.1 11.0 11.1 Risk assessment The risks are addressed in the main body of the agenda report. Health & Safety Issues None identified. Procurement Strategy N/A.

4.0 4.1 5.0 5.1 6.0 6.1

7.0 7.1 8.0 8.1

Sub-Committee Licensing & Control ‘B’ 30 October 2008

12.0 12.1

Partnership working None identified.

Your Ref:
Sub-Committee Licensing & Control ‘B’ 30 October 2008

Our Ref: LA2003/Variation/0043/Globe When calling or telephoning please contact: Simon Jones Ext: 1407

Mr N. Spicer The Globe 73 Newland Road Worthing BN11 1JX

4 August 2008 Dear Mr Spicer Licensing Act 2003 Application for a Variation of a Premises Licence Re: The Globe, 73 Newland Road, Worthing The above application was made to Worthing Borough Council on the 5th June 2008. The Application was the subject of formal representations by Responsible Authorities and Interested Parties as defined in the Act and it, therefore, fell to members to determine this application. 1. APPLICANT/ PREMISES: Nicolas Spicer / The Globe 2. DATE OF HEARING: 31 July 2008 3. AMENDMENTS TO THE APPLICATION (made before the hearing): None. 4. ADDITIONAL CONDITIONS VOLUNTEERED BY THE APPLICANT (made at the hearing): 4.1 No licensable activities or consumption of alcohol or refreshments, to take place externally, in the external drinking area, after 22.:00 hours and any moving of furniture and cleaning of the area not to take place until after 07:00 hours of the following morning.

4.2

The only use of the external area beyond these times is for supervised smoking only.

4.3

Customers to be advised by notices and verbally of the above, with regular staff supervision to promote and ensure compliance.

4.4

The applicant is to offer meetings with local residents quarterly or as mutually agreed.

Sub-Committee Licensing & Control ‘B’ 30 October 2008

5. RESOLUTION: It was RESOLVED that: 5.1 The amended application for the Globe was granted in part as set out below: 5.1.1 granted: (i) increase the size of a doorway between the public and saloon bars to enable wheelchair access create a disabled toilet adjacent to the public bar;

(ii) 5.1.2

refused: (iii) create new access door from the public bar onto the new proposed patio area at the side of the public house amendment of condition 1 of Annexe 2 to allow the consumption of alcohol in the premise’s external areas including the front and side forecourts and new proposed patio area in the rear garden.

(iv)

5.1.3

Additional Conditions to be imposed on the Licence: None.

6. REASONS: 6.1 The Committee carefully weighed the interests of the applicant against those of the parties making representations, having particular regard to the licensing objective of preventing unreasonable public nuisance.

7. ADDITIONAL OBSERVATIONS BY MEMBERS: 7.1 The applicant and those who have made representations in connection with this application are reminded that they may appeal against this decision within 21 days by giving Notice of Appeal to the Magistrates Court. Interested Parties and Responsible Authorities are reminded that they may apply for a review of this licence “after a reasonable interval” pursuant to section 51 of the Licensing Act 2003. Any licence granted under the Licensing Act 2003 does not override any planning restrictions on the premises nor any restrictions that may be attached to the lease of these premises. Accordingly the applicant should take legal advice before altering the hours of trading as a result of the license granted today. The applicant is reminded that it is a criminal offence under the Licensing Act 2003 to carry on licensable activities from any premises in breach of a premises licence. The maximum penalty on conviction is six months imprisonment and a fine of £20,000. The Committee commended the applicant on wishing to provide facilities for the disabled.

7.2

7.3

7.4

7.5

Sub-Committee Licensing & Control ‘B’ 30 October 2008

I would stress that all these terms and conditions come into force immediately. The Premises Licence itself will be issued in due course. If you have any queries regarding this matter please do not hesitate to contact me. Yours sincerely

Simon Jones Licensing Inspector

Sub-Committee Licensing & Control ‘B’ 30 October 2008

IN THE WORTHING MAGISTRATES’ COURT IN THE MATTER OF A COMPLAINT BY WAY OF APPEAL AND IN THE MATTER OF a refusal in part of an application to Vary a Premises Licence in respect of The Globe Public House, 73 Newland Road, Worthing BETWEEN NICOLAS SPICER And WORTHING BOROUGH COUNCIL Complainant

Respondent

CONSENT ORDER

It is Ordered, by Consent 1. That the appeal of the Complainant in respect of the refusal of the application to vary the premises licence for The Globe Public House, 73 Newland Road, Worthing be allowed in the following terms : That the application to vary to permit the creation of an access from the public bar to the new patio area at the side of the premises be permitted subject to the additional/altered conditions set out in the attached Schedule. 2. That there be no order as to costs.

Sub-Committee Licensing & Control ‘B’ 30 October 2008

Dated this

day of October 2008

………………………………….. Legal Adviser/Justice of the Peace

We agree to an Order in these terms …………………………………….. SOLICITOR FOR AND ON BEHALF OF WEYMOUTH BOROUGH COUNCIL Respondent ………………………………….. Julia Palmer JCP LAW Solicitor for and on behalf of the Complainant

Sub-Committee Licensing & Control ‘B’ 30 October 2008


				
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