Special Licensing Sub Committee Minutes:  20 August 2008

Present:

Lic/11/8/08  Declarations of Interest

Councillor R Fisher declared a personal interest in item 3 on the agenda (Application for a Premises Licence: Cross Keys Inn, Carleton, Penrith) in respect of his previous acquaintance with Mr and Mrs Titterington, who had made representations regarding the application.

Lic/12/8/08  Application for a Premises Licence: Cross Keys Inn, Carleton, Penrith

The Sub Committee considered report CLS52/08 of the Director of Corporate and Legal Services setting out details of an application for a premises licence in respect of the Cross Keys Inn, Carleton, Penrith for Mr D T Newton and Mr P J Newton.  The application was for the premises to be licensed for the supply of alcohol, indoor sporting events, regulated entertainment and late night refreshment.

A total of seven representations had been received from residents and one from the Environmental Protection Team.  Planning permission had been granted for 'change of use' of the premises from a dwelling to a public house on 14 March 2007 and a further permission was granted for an extension for restaurant and toilets.

A copy of a letter sent, by the applicants, to the objectors and a paper containing recommended additional conditions, from the Environmental Protection Team, were circulated together with an amended plan of the location of the premises and car park.

Members and representatives asked questions of the Licensing Officer.

Mr D Collinson made a presentation to the Sub Committee, in support of the application, on behalf of the applicants.

Members and residents asked questions of Mr Collinson

The Assistant Director (Environmental Services) made a presentation to the Sub Committee in explanation of the recommended additional conditions.

Mr Collinson asked questions of the Assistant Director (Environmental Services)

Mr Fawcett made a presentation to the Sub Committee on behalf of neighbouring residents.

Members and Mr Collinson asked questions of Mr Fawcett

The Assistant Director (Environmental Services), Mr Fawcett then Mr Collinson summed up their representations.

1. RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Act.
   
   Mr Collinson, Mr Fawcett the Licensing Officer, the Assistant Director (Environmental Services) and the press and public withdrew from the meeting.
2. RESOLVED that the application be granted subject to the hours during which the premises were open being limited in accordance with additional condition 1. below, the applicable mandatory conditions and the conditions contained in the application and the following additional conditions:
   1. The use of the premises cease at 0100 hours (Sunday night/Mon morning to Thursday night/Fri morning) and 0200 hours (Fri night/Sat morning and Sat night/Sun morning).
   2. The use of the balcony and beer garden finish at 2200 hours.
   3. Regulated entertainment be limited to 12 weekdays (Mon to Thurs) and 12 weekends (Fri and Sat nights), ie a total of 36 days per year, with a maximum of 6 of these days in any one month.

Reasons for decision

The Committee considered the application in accordance with the relevant sections of the Licensing Act 2003, the Council's Statement of Licensing Policy and guidance offered by the Secretary of State.

Members considered the nature of the activities applied for, the location of the premises, the surrounding area, the proposed hours and the level of public transport and accessibility within the area.

Members considered all the representations made in light of the Council’s Licensing objectives.

Other options considered

Members considered whether or not to grant the Licence and whether to impose further specific conditions relating to the use of the smoking shelter.  Members considered the hours of operation.

The Applicants, residents, Assistant Director (Environmental Services), the Licensing Officer and press and public were invited back to the meeting room and advised of the Committee's decision

The meeting closed at 11.26am