Decision details

The Licensing Specialist presented a report, which requested that Members consider whether or not to grant the application for a premises licence, under the Licensing Act 2003, in respect of Bertie’s Kitchen and Bar, Unit 3b Lake Road, Coniston.

Members’ attention was drawn to the background and proposals to the Application, which had been submitted on 16 June 2022 and sought authorisation for the following:

(1)        Sale of alcohol (on and off the premises) seven days a week between the hours of 11.00 and 23.00.

Six representations had been received from residents and the Parish Council, which related to the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm. The report noted that as part of the 28-day consultation period no representations from the responsible authorities had been received. The Licensing Specialist added that the objectors had been invited to the meeting but were not in attendance.

No questions were raised by Members at this point.

The Applicant’s representative presented their case to members, noting that the premises had been open with no alcohol for sale for a number of weeks and that they had a similar premises in Grasmere which had been operating with a licence for over three years with no complaints being submitted. The Applicant’s representative added that all of the objections had received responses and that they were responsible owners who ran their businesses properly.

The Chairman asked if the Sub-Committee had any questions for the Applicant.

Members raised questions regarding the capacity of the premises, the ownership of the land outside the premises and their intention to have live music. The Applicant’s representative responded, noting that the capacity was sufficient and did not expect to meet the maximum numbers stated within the report, that the land outside had been agreed by the planning department and that live music would be on rare occasions and would be indoors at all times with the windows closed to prevent any disturbance.

No further questions were raised by Members.

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public in making its decision and retired in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005 (as amended) in order to further consider the application.

The Sub-Committee, supported by the Legal, Governance and Democracy Specialist (Solicitor) and Trainee Solicitor, then withdrew at 10.14 a.m.to consider the application.

The meeting reconvened at 10.23 a.m..

The Legal, Governance and Democracy Specialist (Solicitor) communicated the Sub-Committee’s decision.

The Licensing Sub-Committee carefully considered the application, the written representations provided and the oral submissions of the Applicant who attended.

The Sub-Committee had considered the steps that were appropriate to promote the licensing objectives and also had regard to the Guidance issued under s.182 Licensing Act 2003 and the Council’s Statement of Licensing Policy.

RESOLVED – That the application be granted:

(1)                    for the following activities:-

(2)        subject to the mandatory conditions and subject to those conditions proposed within the Application

The reasons for the decision of the Licensing Sub-Committee were:

Although the Licensing Sub-Committee recognised the concerns of those who had submitted representations against the application, the Licensing Sub-Committee were not of the view that the concerns extended beyond fears and speculation enough to justify rejection of the application. The Licensing Sub-Committee also acknowledged that no representations were received from any of the Responsible Authorities, including Cumbria Police.

The decision notice was to be confirmed in writing to all parties within five working days.

The Applicant and any party that submitted a valid representation had the right to appeal against the decision of the Sub-Committee and may do so by giving notice of appeal to the Magistrates Court for the area in which the premises concerned are situated within a period of 21 days beginning with the day on which they were notified of the decision by the licensing authority.