CONFIDENTIAL

 
Licensing Acts Panel

*

 

Report of Head of Legal and Democratic

Author: Laura Driscoll, Licensing Team Leader

Telephone: 01235 422561

Textphone: 18001 01235 422561

E-mail: laura.driscoll@southandvale.gov.uk

To: Licensing Acts Panel

DATE: 5 July 2022

 

 

 

Application for a premises licence for Snug Café, Bishop Court Farm, High Street, Dorchester-on-Thames, Wallingford, OX10 7HP

Recommendation

That the panel consider the application for a premises licence and the relevant representations and decide whether to a) grant the licence as applied for, b) grant the licence after modifying any conditions to such extent as the authority considers appropriate for the promotion of the licensing objectives, c) exclude from the scope of the licence any of the licensable activities to which the application relates, d) refuse to specify a person in the licence as the premises supervisor or e) reject the application.

 


Purpose of Report

1          To present the facts and relevant representations received in respect of an application for a premises licence for Snug Café, Bishop Court Farm, High Street, Dorchester-on-Thames, Wallingford, OX10 7HP, to the Licensing Acts Panel in order that it can determine the application under Section 18 of the Licensing Act 2003.

 

Strategic Objectives

2          The relevant strategic objectives are ‘Openness and accountability’ and ‘Improved economic and community wellbeing’.

Background

3.1      The Licensing Act 2003 (‘the Act’) established a single integrated scheme for licensing premises which are used for the supply of alcohol, regulated entertainment, late night refreshment or permission to carry on some or all of these activities. In the Act these activities are referred to collectively as the ‘licensable activities’.

3.2      A Licensing Authority must carry out its function under the Licensing Act with a view to promoting the four licensing objectives. The licensing objectives are:

·         prevention of crime and disorder

·         public safety

·         prevention of public nuisance

·         protection of children from harm.

In carrying out its functions, the Licensing Authority must also have regard to its statement of licensing policy and any guidance issued by the Secretary of State (section 182 guidance).

 

3.3      Licences will normally be granted by the licensing officer under delegated powers but in the event of relevant representations being received regarding the grant of a premises licence, and where these representations cannot be resolved through any mediation process, the application is referred to the Licensing Acts Panel to be determined.

3.4      On 10 May 2022 an application for the grant of a new premises licence was submitted by Snug Cafe Limited for Snug Café, Bishop Court Farm, High Street, Dorchester-on-Thames, Wallingford, OX10 7HP. A copy of the form and plan is attached at Appendix A. The application is for supply of alcohol and exhibition of film as follows:

Licensable Activity

Proposed Days and Times

Supply of alcohol

Monday - Wednesday           11:00 - 16:00

Thursday - Friday                 11:00 - 23:00

Saturday                               10:30 - 23:00

Sunday                                 10:30 - 22:00

Exhibition of film

Friday - Sunday                    19:00 - 22:00

Hours premises are open to the public

Monday - Wednesday           09:00 - 16:00

Thursday - Friday                 09:00 - 23:00

Saturday                               09:30 - 23:00

Sunday                                 09:30 - 22:00

3.5      No representations have been received from any of the responsible authorities in respect of this application. Planning have provided an informative which can be found at Appendix B.

3.6      Seven representations have been received from other persons, mainly relating to the potential for nuisance. These can be found at Appendices C to I.

3.7      It must be noted that some of the points raised in the representations cannot be considered as valid under the provisions of the Licensing Act 2003. The Licensing Act 2003 states that in order for a representation to be considered ‘relevant’ it must detail the likely effect of the grant of the premises licence on the promotion of the licensing objectives, as outlined at point 3.2. A concern that cannot be clearly linked to a licensable activity that has been applied for cannot be considered relevant.

 

3.8      Some commonly raised concerns that are unlikely to be considered relevant are listed below. In each case where these concerns are raised, no link is made to how the licensable activities that have been applied for would have a negative impact on the licensing objectives that would not be the same for an unlicensed premises, for example a café that does not serve alcohol:

·         Insufficient parking

·         Increased traffic and vehicle movements

·         Associated development of the site

·         Presence of other licensed premises in the area

·         Preservation of land for agricultural use and wildlife/conservation matters

 

3.9      As per the planning informative referred to in point 3.5, planning permission would be required in order for the business to operate after 17:00 hours.

3.10    For ease of reference, the proposed conditions from the operating schedule have been collated at Appendix J.

3.11    It should be noted that the applicant is able to make use of the Live Music Act 2012 and the Legislative Reform (Entertainment Licensing) Order 2014 exemptions. This means that no licence is required to play live and recorded music in a premises licensed for the sale of alcohol between the hours of 08:00-23:00 where attendance is limited to 500 persons. Any conditions which relate to live music and recorded music will also not have effect between these hours unless these are added by a panel as a result of a review of the premises licence at a later stage.

3.12    A map showing the location of the premises is attached at Appendix K.

Policy and guidance

4.1      The relevant sections of the council’s statement of licensing policy are as follows:

3.11 Conditions attached to various authorisations will be focused on matters which are within the control of licence holders, and will focus primarily on the direct impact of any activities taking place at those premises on those living, working, or otherwise engaged, in the area concerned.

3.13 Conditions shall be appropriate and proportionate to achieve the promotion of the licensing objectives, and shall be tailored to suit the circumstances and premises. Conditions will not be attached where adequate legislative control exists.

6.1 Public nuisance is a broad concept, which concerns how the activity of one person (or business) affects the amenity of other persons living and working in the area of the licensed premises, for example, how noise from playing music interferes with another person’s right to sleep, or adverse impacts from light or odour.

6.2 The Act requires, and the Licensing Authority expects, applicants to demonstrate within their operating schedule how they intend to prevent public nuisance arising. This will be of particular importance where there are residential properties in the vicinity of the licensed premises.

6.3 When appropriate on application or review the Licensing Authority will consider the adequacy of proposed measures to remove or effectively manage the potential for public nuisance, anti-social behaviour and other crime which may impact on the promotion of the licensing objectives.

6.4 When an operating schedule does not sufficiently address the prevention of public nuisance the Licensing Authority will consider all reasonable conditions suggested by responsible authorities in any relevant representation to prevent public nuisance. In some locations it may be appropriate and proportionate to limit opening hours, the times of licensable activities or the types of licensable activities taking place.

6.11 Noise can come either directly or indirectly from licensed premises. Direct noise, such as that from entertainment activity, will be under the premises’ direct control. Indirect noise, such as that from vehicles and customers coming to and from the premises may not be under direct control, but the premises can strongly influence it. Both types of noise will be of more significance in areas with residential accommodation and will usually, but not exclusively, be of greater importance between 11pm and 7am. However it must be noted that noise and disturbance can also cause public nuisance outside these times. The operating schedule should identify the control measures that will be taken to minimise the impact of both types of noise on neighbouring residents and businesses.

6.13 Noise and disturbance from people outside can cause public nuisance even when those people are not behaving badly. The operating schedule should identify the control measures that will be taken to minimise the impact of use of outside areas. This may include noise and disturbance from customers on the premises and customers in outdoor areas such as terraces, beer gardens and smoking areas. It will also include noise, disturbance and obstruction from customers in the vicinity of the premises including customers congregating outside premises to smoke or drink, customers arriving, leaving or queuing outside premises.

6.15 Amendments to the Act have removed the requirement for licensing of a wide range of entertainment between the hours of 8am and 11pm. This does not reduce the risk of noise nuisance occurring. The risk increases when the entertainment takes place in the open air or within a marquee. Steps should be taken to prevent noise and vibration from entertainment causing nuisance. This may include noise from music, human voices and other forms of entertainment whether amplified or not. Consideration should also be given to ensure noise is not audible at sensitive locations such as dwellings, hospitals, hotels and other business premises. Any noise should also not cause unreasonable disturbance to the wider public, such as passers-by and people using public facilities. The Environmental Protection team are responsible for dealing with noise complaints arising from unregulated entertainment.

9.7 The licensing panel will determine each case on its individual merits whilst having regard to the legislation, the Secretary of State’s guidance and this policy. Where the licensing panel determines that it is appropriate and proportionate to attach conditions to a licence or certificate it will ensure that those conditions are focused on the direct impact of the activities taking place at the premises concerned. Such conditions will be proportionate to the activity to be controlled and will only be imposed in the interests of promoting the licensing objectives.

4.2      The relevant sections of the Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 are as follows:

1.16 Licensing conditions must be tailored to the individual type, location and characteristics of the premises and events concerned; (and) … should be proportionate, justifiable and be capable of being met.

2.15 The 2003 Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter.

2.16 Public nuisance is given a statutory meaning in many pieces of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common law meaning. It may include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial light, dust, odour and insects or where its effect is prejudicial to health.

2.18 As with all conditions, those relating to noise nuisance may not be appropriate in certain circumstances where provisions in other legislation adequately protect those living in the area of the premises. But as stated earlier in this Guidance, the approach of licensing authorities and responsible authorities should be one of prevention and when their powers are engaged, licensing authorities should be aware of the fact that other legislation may not adequately cover concerns raised in relevant representations and additional conditions may be appropriate.

2.19 Where applications have given rise to representations, any appropriate conditions should normally focus on the most sensitive periods. For example, the most sensitive period for people being disturbed by unreasonably loud music is at night and into the early morning when residents in adjacent properties may be attempting to go to sleep or are sleeping. This is why there is still a need for a licence for performances of live music between 11 pm and 8 am. In certain circumstances, conditions relating to noise emanating from the premises may also be appropriate to address any disturbance anticipated as customers enter and leave.

9.37 As a matter of practice, licensing authorities should seek to focus the hearing on the steps considered appropriate to promote the particular licensing objective or objectives that have given rise to the specific representation and avoid straying into undisputed areas.

9.43 The authority’s determination should be evidence-based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve.

10.8 The licensing authority may not impose any conditions unless its discretion has been exercised following receipt of relevant representations and it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives.

4.3      The licensing panel may also wish to view relevant case law as follows:

East Lindsey District Council v Abu Hanif (2016) High Court stated case reaffirms the prospective nature of the Licensing Act and how licensing authorities and courts should approach the promotion of the licensing objectives. It reaffirms that they require a “prospective consideration of what is warranted in the public interest, having regard to the twin considerations of prevention and deterrence.”

            R (on application of Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court and Others (2011) EWCA Civ 312 also states how licensing authorities should approach licensing decision making:

            “They involve an evaluation of what is to be regarded as reasonably acceptable in the particular location. In any case, deciding what (if any) conditions should be attached to a licence as necessary and proportionate to the promotion of the statutory licensing objectives is essentially a matter of judgment rather than a matter of pure fact.”

Sourced from: https://www.gov.uk/government/publications/alcohol-licensing-using-case-law/alcohol-licensing-using-case-law


Options

5.1      In determining the application the authority must give weight to:

·         representations received from responsible authorities

·         relevant representations received from other persons

·         the Secretary of State’s guidance issued under Section 182 of the Licensing Act 2003

·         the council’s statement of licensing policy and

·         the steps appropriate to promote the licensing objectives

 

5.2      In view of the above, the panel is requested to consider the application for a premises licence and decide whether to:

(a)     grant the licence as applied for

(b)     grant the licence after modifying any conditions to such extent as the authority considers appropriate for the promotion of the licensing objectives

(c)     exclude from the scope of the licence any of the licensable activities to which the application relates

(d)     refuse to specify a person in the licence as the premises supervisor, and/or

(e)     reject the application.

Financial Implications

6          Should the applicant or any other person wish to appeal against a decision of the council, they may do so to the magistrates’ court. The council would incur costs should this occur, although the court may decide to award costs if the council’s decision was upheld.

Legal Implications

7.1      The Human Rights Act 1998 requires public bodies to ensure everything they do is compatible with Convention Rights and makes it unlawful for a public authority to act incompatibly with those rights. When determining whether to grant the application the panel will be aware of human rights considerations, specifically Part 1, Article 6, the right to a fair trial, Part 2 and Article 8 the right to respect for private and family life for those making representations.

 

7.2      The hearing of all applications is subject to the principles of natural justice.

 

7.3      Section 17 of the Crime and Disorder Act 1998 states, ‘without prejudice to any other obligation imposed on it, it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of those functions on, and the need to do all that it reasonably can to prevent crime and disorder in its area’.

 

7.4      Under Schedule 5, Part 1 of the Licensing Act 2003, any person aggrieved by the decision in respect of the application may appeal to a Magistrates’ Court within 21 days of the date of the decision.

 

Conclusion

8          This report provides information submitted by the applicant and other persons. The panel should determine this application with a view to promoting the four licensing objectives. It must, having had regard to all the relevant representations and the evidence it hears, determine the application using the options outlined in section 5 of this report.

 

Background Papers

Appendix A                      Application form and plan of premises

Appendix B                      Planning informative

Appendices C to I           Representations received

Appendix J                       Proposed conditions from operating schedule

Appendix K                      Map of locality

 


Appendix A – Application form and plan

 

 

 

 

 

 

 

 

 

 


Appendix B - Planning informative

 

 


Appendix C - Representation Mr K N Bryan

 

From: Ken Bryan
Sent: Monday, May 23, 2022 3:56 PM
To: 'licencing@southoxon.gov.uk' <
licencing@southoxon.gov.uk>
Subject: Licence Application LAPREM/17457/22 Snug Cafe

 

To Whom It May Concern.

 

These are my objections to the application for this licence.

The licence on its own does not look to be a problem until you consider the effects it will have on the Peace and Tranquillity  of the area. The application is only for a small number of people and applies to the coffee shop and is for alcohol.  We know that there are proposals for a “village hub” whatever that may consist of which means that the licence for that will probably mean the extension of the licence applied for.  Singing, dancing, disco, together with increased traffic attending and leaving the site along the proposed new entrance onto the Abingdon Road. This area of the village is quite peaceful at night and deserves to stay that way. 

 

The wish list for the development of this site ( houses, village hub, holiday pods by the lake, equestrian facilities, new access road etc ) some of which do not comply with the village NDP may not be considered for this application but without this background information the implications of a licence for this site cannot be assessed. 

 

 K.N.Bryan     

 

 


Appendix D - Representation Dorchester-on-Thames Parish Council

 

From:parishclerk@dorchesteronthames.co.uk
Sent: 06 June 2022 17:05
To: Licensing South <licensing@southoxon.gov.uk>
Cc: Driscoll, Laura <Laura.Driscoll@southandvale.gov.uk>
Subject: Ref: LAPREM/17457/22

 

Dear Officers,

My Council wishes to comment on the recent application for a Premises Alcohol Licence at The Snug Café in Bishops Court Farm, Dorchester on Thames. (Ref: LAPREM/17457/22).

This application is to extend the opening hours of a premises on a farm close to a village location. Granting of this application could lead to increased noise and light pollution affecting local residents. Inevitably there will be increased vehicle movements and potentially an impact from music played at the café.

Planning Policy Dot 14 Peace & Tranquility of Dorchester-on-Thames Neighbourhood Development Plan (NDP) emphasised the importance residents placed on this aspect when contributing toward data gathering for the NDP.

Those potentially impacted by the extension of licensing hours and associated activity include new residents of the barn conversions on the farm as well as existing residents in the vicinity.

My Council recommends that should this licence be approved that mitigation measures are put in place to limit the impact as described above.

Best regards,

Geoff Russell

Parish Clerk

Dorchester-on-Thames Parish Council

5 & 7 High Street

Dorchester-on-Thames

Oxfordshire

OX10 7HH

www.dorchester-on-thames.co.uk

 

 


Appendix E - Representation Dr A J Sephton

 

High Street,
Dorchester on Thames,
Wallingford

6th June 2022


Premises Licence application for SNUG Cafe at Bishops Court Farm


Dear Sir / Madam.


This letter is to inform you of my concerns related to the Premises Licence application for the SNUG Cafe at Bishops Court Farm (ref. LAPREM/17457/22) to serve alcohol in conjunction with the organisation of events on up to 4 evenings each week.


I certainly do not object to the presence of the existing cafe on the farm, and I believe that it is already proving popular in the short time since it opened. However, the proposal to also turn this into an evening venue for events and serving alcohol raises some concerns and seems potentially at odds with the already stated plans for the residential development on the farm.


Vehicular access, parking and public nuisance


In the most recent planning application for the farm (ref: P20/S4467/FUL and
P20/S4469/LB ) for the conversion of farm buildings to residential use and the creation of new vehicular access to the Site from Abingdon Road, it is stated in the DESIGN & ACCESS STATEMENT (document C228/3.1/YE) that ...


"Currently there is only one main vehicular access to the farm from the High Street and all farm traffic (tractors, diggers, vehicles etc) uses this entrance. The application scheme proposes the reintroduction of the historic access to the farmstead from Abingdon Road to the north. The rationale for this comes from a Health and Safety perspective moving farm machinery and vehicles away from the already congested High Street and to encourage people to use Abingdon Road to access the farm, rather than driving through the village. The existing vehicular access off the High Street will provide access to the Grade 2 listed Farmhouse (as existing), the 3 x Central Barns residential units and give access to the rear of the replacement cottage (as existing). All other existing farm traffic will use the proposed new access off Abingdon Road and this will be the main access to the working farm, café, other smaller residential units. The revised access arrangements will separate the different uses and reduce the amount of traffic using the existing access off the High Street."


Until the proposed new vehicular access to the Site from Abingdon Road for the cafe has been approved and built, the proposed licence application risks further endangering public safety and disturbance from additional vehicles accessing the farm from the High Street. Already vehicular access is an issue for the cafe, with customers sometimes being asked to move their vehicles to allow access for farm traffic. For larger events it seems inevitable that vehicle owners would choose to park on the High Street, with disruption to neighbours late at night from car doors and revved engines, raised voices, etc. I therefore would not support additional use of the cafe until the issue of vehicular access from Abingdon Road has been resolved.


In the farm's own publicity it is stated that it is planned to hold both live and recorded
music events as well as showing films. It is therefore not clear how the sound (and
potentially lighting) from such events would not could cause a disturbance to neighbours.


Residential Development plans
As already referred to above, the latest planning application for Bishops Court Farm (ref: P20/S4467/FUL and P20/S4469/LB"), includes development of 3 new detached houses to replace the existing barns which are in close proximity to the cafe. This appears at odds with the planned late night opening and events at the cafe as it seems unlikely that potential buyers would wish to be inconvenienced by noise from the cafe, vehicular access or parking issues.


I hope that you will take my above concerns into account when considering this Premises Licence application.


Yours sincerely,
Dr A.J. Sephton

 

 

 


Appendix F - Representation Mrs Hilary Warburton

 

-----Original Message-----

From: Hilary Warburton

Sent: 06 June 2022 14:50

To: Licensing South <licensing@southoxon.gov.uk>

Subject: Licence application

 

 

Dear sir,

I am writing with regard to,the. Licence application LAPREM/17457/22 from Bishops Court Farm.

I live opposite the farm in [redacted] High Street, Dorchester, OX10 [redacted].

Whilst I have no objection to the Snug cafe having a licence during the day, I do object to them being given a licence until 11pm on Thursday, Friday , Saturday and Sunday.

There are already 3 licensed premises in Dorchester and I am concerned that being granted this licence it will  be an open door for much more noise and disturbance, particularly at weekends.

The farm has very little suitable parking and as access is off the High Street at the moment it is not a suitable place for holding evening events on a regular basis.

I understand there are various planning applications in for creating a new driveway from the Abingdon road, Permission is also applied  for to convert 3 barns into private residences. This will also create more noise and traffic for people on the High street, without adding to it.

If the owner wishes to organise individual events on a one off basis then he should apply for a separate licence each time. In my opinion to give him a blanket licence for 4 nights a week is inappropriate at this time, with no other access and little parking.

Yours truly

Hilary Warburton (Mrs)

 


Appendix G - Representation Mrs Karin van Vrede

 

From:vanvrede
Sent: 06 June 2022 17:52
To: Licensing South <
licensing@southoxon.gov.uk>
Subject: Licence Application

 

Dear Sir/ Madam,

I would like to express my concern with regard to Licence Application LAPREM/ 17457/22.

I live directly opposite the farm entrance at [redacted] High Street , and have already seen heavy (farm and industrial) traffic movements and noise increase dramatically since the farm changed ownership in spring 2020, as well as more and more car traffic since the cafe opened in April of this year.

The application for a daytime licence does not greatly concern me. However , I am very concerned about the licence application for Thursday, Friday, Saturday evenings till 11 pm and Sunday evenings till 10 pm especially in conjunction with possible events being organised on such evenings.

This would surely lead to an increase in traffic at times that are currently quiet times, parking issues, as well as noise from guests who leave the cafe premises for the otherwise very quiet High Street after such a late closing time. 

Although I am pleased to see certain daytime activities being developed and families , children and others enjoying the new opportunities the farm has to offer I strongly feel that evening licensing and events are not in keeping with the general atmosphere of the farm and its location,  as well as with the atmosphere and needs of the village of Dorchester itself.

Furthermore , there are already three licensed premises in the village in keeping with traditional English village life so it seems excessive to add another licensed ( evening) premise in such a quiet rural environment.

Finally, if the owner of the farm would like to organise any evening events surely he could apply for a licence as and when required for such an event. We as neighbours would then hopefully be informed/ warned of any disturbance that might ensue on a case by case basis.

Thank you very much for taking these concerns into serious consideration when looking at this application. 

Yours sincerely

Mrs Karin van Vrede

 

 


Appendix H – Representation Mr and Mrs Hodges

 

High Street
Dorchester-on-Thames
Wallingford, Oxon

6 June 2022

licensing@southoxon.gov.uk


Re:
LAPREM/17457/22 | Premises Licence | Bishop Court Farm High Street
Dorchester-on-Thames Wallingford OX10 7HP


Dear Sir/Madam


We wish to comment on the Premises Licence described above. Our comments are:


The Design and Access Statement provided in Bishop Court Farm’s recent planning
application1 clearly recognised the road safety issues associated with the proposed
development if there is not an additional public highway access to the farm.


The applicant therefore proposed a new access from Abingdon Road.


This Premises Licence application would lead to increased traffic and, logically, should
only be approved after that new access from Abingdon Road is created. To approve
the Premises Licence before creating the new access will only lead to exactly the road
safety concerns that the applicant himself wants to avoid.


When the Premises Licence application is resubmitted our comments are that it
should be limited to two days/week, not four.

Yours sincerely
Mr and Mrs Hodges


1 See February 2021 additional information package of P20/S4467/FUL and page 5
of 14 in particular:
https://data.southoxon.gov.uk/ccm/support/dynamic_serve.jsp?ID=17261419
01&CODE=2993BD308439D7FE2596519367246454

 

 

 


Appendix I – Representation Chris Hill

 

From: Chris Hill
Sent: 06 June 2022 21:59
To: Licensing South <
licensing@southoxon.gov.uk>
Subject: Re: Application for a Premises Licence for Snug Cafe at Bishops Court Farm LAPREM/17457/22

 

I write to comment on the recent application for a Premises Alcohol Licence at The Snug Cafe at Bishops Court Farm Dorchester on Thames LAPREM/17457/22


This application is to extend the opening hours of a premises in an open area of farmland in a rural location close to existing homes. The impact of this will be to increase noise and light emissions from the location towards local residents. This will result from the activity and movement of employees, customers and vehicles, and music, either live or recorded, played from sound speakers. We believe that this would lead to the creation of public nuisance.

 

The light pollution will be particularly evident during winter months when daylight hours end around 4pm. Lighting will be required outside for safety reasons for the remaining opening hours e.g until 11pm and perhaps later if extensions are granted, when customers and staff leave the Snug. Any noise pollution will be during all opening hours and will be in addition to other noise currently generated within the vicinity.


We believe this impact contravenes Dorchester on Thames NDP Planning Policy Dot 14 Peace & Tranquility.
“The peace and tranquillity of the village is highly valued by its residents and those that visit. Any development that gives rise to significant levels of noise and traffic should include measures to mitigate the negative effects”.


This policy was of key importance expressed by Dorchester residents during the public consultation phase of the NDP information gathering.


It is difficult to imagine how the noise and light pollution described above could be mitigated effectively In this location to reduce it to an acceptable level as any successful business that is in use after 5pm will create light and noise proportional to the number of customers

 

Importantly the impact of longer hours, footfall and vehicle movements will also be experienced by new residents of the recently approved Bishops Court Farm barn conversions Other properties that will be affected include the Bishops Court Farmhouse, other Listed Buildings in the nearby conservation area and residents of established homes in the vicinity of Abingdon Road, the High Street and Oxford Road that have enjoyed a rural environment adjacent to their homes for many years.


There are also concerns as this location is very close to a sensitive area for wildlife which is part of the Oxfordshire Conservation Target Area 27. Any additional noise or light pollution here will have a detrimental affect on wildlife in this special area. Police DoT 4 refers.


Finally, the land on which the Snug is located is on some of the best quality agricultural land - classified as Very Good. We believe that this should be conserved for Agricultural use. See Policy DoT 7 and Policy Map 6 for reference.


Your sincerely
Chris Hill


Appendix J – Proposed conditions from operating schedule

1)     Alcohol shall only be served for consumption with food.

2)     Any incident at the premises which impacts any of the four licensing objectives shall be recorded in a register kept at the premises and shall contain the following information:

a)      time and date

b)      exact location

c)      nature of incident

d)      name of staff members or door supervisors involved

e)      name of any offender (where known)

f)       action taken as a result of the incident

g)      name of member of staff recording the incident

This record must be retained at the premises for a period of not less than six months and be available on request by any authorised officer of the council or Thames Valley Police. The record should be signed off by the DPS or a nominated representative at least once a week.

3)     A digital CCTV system shall be installed and maintained in accordance with current Home Office Guidelines relating to UK Police Requirements for Digital CCTV Systems. The system shall ensure all licensed areas of the premises (except toilet facilities) are monitored, including all entry and exit points and external areas, and should ensure frontal identification of every person entering and in any light condition. All cameras shall continually record whilst the premises are open to the public and the recordings shall be kept and available for a minimum of 31 days with accurate time and date stamping. Any breakdown or system failure will be notified to Thames Valley Police immediately and remedied as soon as practicable. A member of staff trained in data retrieval and viewing from the CCTV system shall be available at all times when the premises is open to the public. Recordings shall be made available to an authorised officer of Thames Valley Police or an authorised officer of the council together with facilities for viewing. The recordings for the preceding two days shall be made available immediately on request. Recordings outside this period shall be made available within 48 hours. Any request from Thames Valley Police, Trading Standards or the council for a copy of the CCTV recording to be made for evidential purposes must be carried out within 48 hours. Signs shall be placed in prominent positions on the premises notifying customers that CCTV is in operation.

4)     The outdoor areas shall be closed at 23:00.

5)     Prominent, clear and legible notices shall be displayed and maintained at all exits requesting customers to respect the needs of local residents and to leave the premises and area quietly. All reasonable steps shall be taken to ensure that people entering or leaving the premises do so in an orderly manner and do not in any way cause annoyance to residents and people passing by the premises.

6)     The licence holder or their nominated representative shall devise, implement and maintain a Challenge 25 policy as part of their policy relating to alcohol sales. Clear signage relating to the policy shall be displayed at the premises. Only a valid driver’s licence showing a photograph of the person, a valid passport, national identity card or proof of age card showing the “PASS” hologram are to be accepted as identification.

7)     All staff employed (whether paid or unpaid) in the sale of alcohol shall be trained in respect of the law relating to the sale of alcohol, proxy purchases, identification checking, the company’s proof of age policy and the procedure on handling and recording refusals. Refresher training shall be carried out every six months. Such training sessions are to be documented and records shall be kept for a minimum of one year and be made available upon request to an authorised officer of the council, Trading Standards and Thames Valley Police.

8)     A refusal register (written or electronic) shall be maintained at the premises to record sales of age restricted products that have been refused. The register is to be made available upon request by Thames Valley Police, Trading Standards Officers and Licensing Officers. The register should include details of the time, date, member of staff refusing the sale, reason for refusal (for example intoxication or underage) and a brief description of the person refused.


Appendix K – Map of locality