Agenda Item No: Report No: Report Title: Application for Variation of Licence for White Horse Inn, Ditchling Report To: Licensing Sub-Committee Date: 8 September 2005 Lead Councillor: Ward(s) Affected: Ditchling & Westmeston Report By: Director of Planning and Environmental Services Contact Officer(s): I Kedge (Head of Environment and Health) G Clark (Licensing Officer) 1. The Application 1.1 Applicant: Mr Ian Charles Turner and Mrs Mary Catherine Alice Turner, The White Horse Inn, 16 West Street, Ditchling, East Sussex 1.2 Premises: The White Horse Inn, 16 West Street, Ditchling, East Sussex 1.3 Type of application: Existing licence to be converted under the Licensing Act 2003 and application to vary premises licence simultaneously. 1.4 Relevant licensable activities: 1.4.1 Current Sale by retail of alcohol on and off the premises Monday to Saturday 10am to 11pm, Sunday 12 noon to 10.30pm. New Years Eve until close of hours New Years Day. Recorded music under section 182 of Licensing Act 1964 Provision of late night refreshment until 30 minutes after permitted hours. Conversion granted 12th August 2005 1.4.2 Requested variation: Increase hours for sale by retail of alcohol on and off the premises Monday to Thursday 10am to 1am the following morning. Friday and Saturday 10am to 2.00am the following morning. Sunday 10am to midnight and non standard timings on Christmas Eve 10am to 2am the following morning, and on New Years Eve 10am to 4am on New Years Day. Increase the hours the premises are open to the public as above with non standard timings as above. Live and recorded music Monday to Sunday 10am to midnight with non standard timings as above. Late night refreshments from Monday to Thursday 11pm to 1am the following morning, Friday and Saturday 11pm to 2am the following morning, Sunday 11pm to midnight with non standard timings as above. 1.5 Designated Premises Supervisor: Ian Charles Turner, White Horse Inn, 16 West Street, Ditchling, West Sussex BN6 8TS 1.6 Steps to promote the licensable activities: 1.6.1 General The Licensees will ensure that all staff who are involved in the serving of alcohol have received training that covers licensing law, responsible sales and sales to over 18s only. The Licensees will also maintain suitable records to demonstrate that such training has been given. The Licensees will comply with any advice or guidance that may from time to time be given by the Fire Authority. 1.6.2 Crime and Disorder No one who is drunk or disorderly or who is showing signs of aggression or violence caused by drink will be admitted into the licensed premises. Drinks promotions that encourage binge drinking and/or lead to an increase in public disorder on or in the vicinity of the licensed premises will be terminated at the request of the Police. The Licensees and their agents/staff will comply with the following restrictions on drinks promotions: No ‘all you can drink for a fixed entry fee’ style promotion. There should be no speed drinking games involving alcoholic drinks. Any rewards or prizes for free alcoholic drinks will be offered in the form of vouchers with a reasonable redemption period. The Licensees and their agents/staff will at all times stay aware of their responsibility for the prevention of crime and disorder on or in the vicinity of the licensed premises and demonstrate a responsible attitude to the marketing, promotion and sale of alcohol. The Licensees will display appropriate crime prevention notices/messages in their licensed premises to prevent the theft of customer’ personal and other property. The Licensees will produce a written drugs policy and maintain a proactive approach to the training of staff in matters relating to drugs. All drug confiscations will be notified to the Police. 1.6.3 Prevention of Public Nuisance The Licensees will display a notice visible to customers leaving the premises to keep noise to a minimum when leaving to respect neighbours. The Licensees shall ensure that no amplified music shall be played at a level so as to cause a nuisance to neighbours. 1.6.4 Protection of Children from harm No person under 16 years of age will be allowed into or remain on licensed premises being used for the supply of alcohol after midnight. The Licensees and their agents/staff will require sight of evidence of age from any person appearing to them to be under the age of 18 and who is attempting to buy alcohol. Proof of age only by: British Retail Consortium ‘proof of age standards scheme’ identity cards (with PASS hologram), passports and driving licenses with photographs to be the only acceptable identity documents. 2. Background Information 2.1 The White Horse Inn, Ditchling is a free house owned by the applicants Mr & Mrs Turner who have run the public house over many years and who reside on the premises. 2.2 It is a traditional village pub in the heart of Ditchling and is surrounded by mainly residential properties with adjacent village shops. Nearby is another village pub, the Bull, similar in size and character to the White Horse. 2.3 The main bar of the White Horse has seating for approximately 60 people and serves food from 11am to 9.30pm. Attached to the main bar is a restaurant for approximately 50 people with food provided between 7pm and 9.30pm and has its own small bar. There is a small outside rear patio area for consumption of alcohol. 2.4 The premises is not currently licensed for regulated entertainment but enjoys the benefits of recorded music and live music under the two in a bar rule. 2.5 There is no history of any problems associated with the premises regarding noise and nuisance recorded by the Council on complaints from residents, and the Police and other authorities have not informed us of any concerns for crime and disorder or issues regarding public safety or protection of children from harm 2.6 The history of the premises under its current licensees show it to be a well run establishment and it is believed the style and character of the public house will not be materially altered as a result of this variation. 3. Representations received 3.1 Responsible authorities 3.1.1 Police: No comment 3.1.2 Environmental Health: No comment 3.1.3 Fire Officer: No comment 3.1.4 ESCC – Child Protection: No comment 3.1.5 Trading Standards: No comment 3.1.6 Health & Safety Executive: No comment 3.2 Interested parties 3.2.1 Letters received within the relevant time advised wishing to make representations about the variation application by the White Horse Inn are attached in Appendix 1 3.2.2 Three written representations have been made by local residents in the vicinity of the White Horse Inn. 3.2.3 Their representations are against the proposed variation to increase the hours for the sale and supply of alcohol, times that the premises are open to the public, and for the provision of regulated entertainment and late night refreshment. 3.2.4 The grounds for their objections are that the variation will undermine one or more of the Licensing Objectives relating public nuisance. They are considered to be relevant to the application and not frivolous, vexatious or repetitious. 4. Licensing Policy Considerations 4.1 Lewes District Council has produced a Statement of Licensing Policy in order to comply with its duties and powers under the Licensing Act 2003. It covers the licensable activities for retail sale of alcohol, regulated entertainment and late night refreshment which are subject to this licence variation for the White Horse Inn. 4.2 The aims of the Policy are to secure the safety and amenity of residential communities, help to ensure a sustainable environment, and to provide regulation of the cultural/entertainment industry and to promote the four Licensing Objectives of the Act. Namely; Prevention of crime and disorder Public Safety Prevention of public nuisance Protection of children from harm 4.3 The three guiding principles (set out in Paragraph 4 of the Licensing Policy) adopted by the Council as the Licensing Authority serve as a general guide to the Council when it carries out its licensing functions. 4.4 The principle concerned and relevant to this application is Principle 2. ie. that the Council support the use of longer opening hours as a means of reducing the number of people leaving licensed premises at the same time. 4.5 It is recognised by the Council that longer licensing hours (with regard to the sale of alcohol) may help to ensure that the number of customers leaving premises at the same time is reduced. 4.6 All residents living in the vicinity of licensed premises have an equal right to make representations concerning applications for premises licences and hours of trading and to have those representations given equal weight regardless of the area of the District in which they live. 4.7 In each case that arises following representations the Policy states the Council will: a) Consider the potential for public nuisance, crime and disorder and/or danger to public safety associated with the style, characteristics and activities of the business involved. b) Examine the potential steps which could be taken to reduce the risk of public nuisance, crime and disorder and/or danger to public safety, particularly in areas of dense residential accommodation. c) Consider restricting the hours of trading as a last resort and only in cases where there are good grounds for believing that the licensing objectives will be or are being undermined. 4.8 The Council recognises the need to encourage and promote live music, dance and theatre for the wider cultural benefits of the community. The Council will seek to obtain a balance between the potential for limited neighbourhood disturbance and the benefits of cultural activities, particularly for children, and will not allow the views of vocal minorities to predominate over the general interests of the community. 4.9 If a responsible authority and/or interested parties do not raise any representations about a licensing application made to the Council, it is the duty of the Council to grant the Licence or Club Premises Certificate subject only to the conditions that are consistent with the operating schedule or club operating schedule and any mandatory conditions prescribed in the 2003 Act itself. 4.10 The Council may not therefore impose any conditions unless its discretion has been engaged following the making of relevant representation and it has been satisfied at a hearing of the necessity to impose conditions due to the representations raised. It may then only impose such conditions that are necessary to promote the Licensing Objectives arising out of consideration of the representations. 5. National Guidance 5.1 The Council may tailor its own conditions or draw from the model conditions in the National Guidance issued under section 182 of the Act. 5.2 The important sections are conditions relating to the prevention of public nuisance Annex G. 6. Financial Implications There are no financial implications to this report. 7. Environmental Implications I have completed the Environmental Implications questionnaire and there are no significant effects as a result of these recommendations. 8. Risk Management Implications I have completed the Risk Management questionnaire and this report does not require a risk assessment. 9. Background Papers Statement of Licensing Policy Model Pool of Conditions Annex G Application to vary premises licence Part B Plan of premises 10. Appendices Letters from interested parties outlining their representations/objections covering the White Horse Inn. 11. Location Plan The White Horse Inn, West Street, Ditchling showing area surrounding premises.