Agenda and minutes

Purpose

To consider an application to vary the existing premises licence, which seeks to extend the hours for regulated entertainment, late night refreshment and supply of alcohol, extend non standard timings for licensable activities and to remove certain conditions.

Recommendation

That the panel considers the application to vary a premises licence and the residents’ objections to the application and decide whether to:

a) grant the application as applied for,

b) grant the application with modified conditions, or

c) reject the application in whole or in part.

Attendance

The hearing is open to the public.

Only the applicant, his representatives, local authority officers and those who wrote to the licensing authority (interested parties) during the consultation period may speak to the licensing panel.

Date of issue of decision notice: 18 July 2013

Premises details and attendance

Premises Licence:                                  4027

Premises address:                                 Magoos, 22 Hart Street, Henley on Thames,
RG9 2AU

Licensing Panel Councillors:                 Mrs Pat Dawe (Chairman)

                                                                  Mrs Lynn Lloyd

                                                                  Mrs Pearl Slatter

Legal advisor:                                          Miss Sarah Commins

Licensing Officer:                                    Mr Bhavdip Nakum

Clerk:                                                        Mrs Jennifer Thompson

Representing the applicant:                   Mr Laurence Gordon Wilson (premises licence 

                                                                  holder)

                                                                  Mr Philip Somarakis (legal representative)

Environmental Protection:                      Mr Simon Hill (to answer questions)

Interested Parties:                                   Mr Louth (accompanied by Mrs Louth)

                                                                  Mr and Mrs Augur

                                                                  Mr Hemsley

                                                                  Mr and Mrs Wood

Reason for Hearing

To determine the application for a variation to a premises licence made under section 34 of the Licensing Act 2003 (“the Act”)

Hearing

Written evidence

The Panel considered the following:

·        The report of the licensing officer, which included copies of the premises licence variation application; the current licence; a representation from environmental protection, and seven relevant representations from ten local residents.

·        Photographs and maps submitted by two of the local residents prior to and at the hearing; a further response from environmental protection withdrawing their objection after negotiation; and a response from Thames Valley Police stating that they did not wish to make a representation.

Oral Evidence

The Panel heard from the licensing officer, the applicant and his representatives, the environmental protection officer, and from the six interested parties present at the hearing.

The applicant and his representative stated at the start of the hearing that they wished to withdraw the part of the application relating to the provision of live and recorded music and dancing (regulated entertainment) and that they had agreed to withdraw the application for extended hours on the Sunday preceding bank holiday Mondays.

Mr Hill confirmed that environmental protection’s representation had been withdrawn as the agreed reduction in the non-standard operating hours addressed their concerns. He would answer questions but would not be making representations.

Mr Wilson and Mr Somarakis explained that the application was to allow the premises to provide sale and consumption of alcohol and late night refreshment on Thursday, Friday, and Saturday nights until 0200 the following morning; until 0230 the following morning on the Friday and Saturday preceding a bank holiday; and until 0300 every morning of Henley Regatta week and on New Year’s Day. There was now no extension requested to the permitted hours for regulated entertainment. In consequence, they requested that condition 7 of Annex 3 be deleted, but conditions 8 and 9 could be retained.

The applicant explained that the additional hours had been requested by patrons and it was his view that the extension, if granted, would provide patrons with more time to socialise but also to calm down and stagger their departure. Mr Wilson explained his commitment to the premises and his investment in the new rear extension which, at large cost had incorporated noise attenuation measures which had been certified as acoustically effective by the council’s environmental protection team. However, Mr Wilson said that as  ...  view the full minutes text for item 2.