To consider an application for a premises licence.
The Licensing Specialist presented a report which requested consideration of an application for the grant of a premises licence in respect of the Giggling Goose, Ambleside, in light of two representations which had been submitted by interested parties.
The Licensing Specialist addressed the Sub-Committee and drew Members’ attention to Sub-Section 1.17 of guidance issued under Section 182 of the Licensing Act 2003. He went on to outline details of the application which sought authorisation for the sale of alcohol both on and off premises, during the hours of 10.00 hours to 23.00 hours, Monday to Sunday.
The Licensing Specialist also referred to Appendices A and C to the report, which further outlined the details of the application and the location of the premises. He explained that the application had been circulated to all of the Responsible Authorities and that none of them had submitted a relevant representation. He also explained the application adhered to all advertising requirements as per the Licensing Act 2003.
Mrs Ahmed, a local resident and owner of Ambleside Opticians, which is located within the vicinity of the Giggling Goose, addressed the Sub-Committee and photographs and videos were displayed in relation to her representation.
Mrs Ahmed began her representation by explaining there were 15 residential homes in the immediate vicinity of the premises. She explained that residents lived in very close proximity to the premises and lived side by side of each other and that the granting of the premises licence would have a devastating impact on the lives of local residents and on her livelihood. She stated that the videos and photographs clearly conveyed the impact the application would have on her and other local residents. Mrs Ahmed went on to draw Members’ attention to the passageway and informed Members that it was a shared access.
Mrs Ahmed referred to the photographs of the toilet facilities and informed Members that there was only one toilet, which served the customers and staff of the Giggling Goose and was also shared by the customers and staff of Ambleside opticians. She went on to outline her concerns regarding public nuisance which would be caused by the increase in use of the toilet facilities and that people would loiter and queue for the outside toilet and this would consequently affect the privacy of residents. She also highlighted that the bins of the premises were in close proximity to the local resident’s properties and that the smoking area would cause anti-social behaviour.
Mrs Ahmed claimed that unhygienic conditions would be created due to the build-up of activity in the area and an increased use of the toilet facilities. She stated that the gardens would be used as urinals and that people queuing outside the toilet facilities, late into the night, would be unacceptable. She emphasised the impact on residential homes in the area and the invasion of privacy of people congregating, drinking and smoking in the vicinity. Mrs Ahmed stated that the beer garden would not be in keeping with the ... view the full minutes text for item 16
To consider an application for a premises licence.
The Chairman advised Members of the Sub-Committee and those who had been dialled into the Sub-Committee meeting that a request had been received from an interested party that the meeting be adjourned. In addition to the request for an adjournment, Mrs Ahmed had submitted two video clips and a number of photographs after 5.50 p.m. the previous evening.
The Chairman explained that under Regulation 18 of the Licensing Hearing Regulations 2003, in considering any representations or notice made by a party, the authority may take into account documentary or other information produced by a party in support of their application, representations or notice (as applicable) either before the hearing or with the consent of all the other parties, at the hearing.
The Chairman went on to explain that the Council had therefore not had the opportunity to review the information to ensure it did not contain any intrusive footage of people or personal information. The Council had also not had the opportunity to check the file format to check its compatibility for playing through the Microsoft Teams platform and the Council had not had the opportunity to share the information with the applicant or agent.
The Chairman clarified that the only way the information could be provided at the hearing was with the consent of the other parties at the hearing. The other parties had not seen the information and therefore were not in a position to provide their consent to the information, which had been submitted, to be considered at the hearing. Therefore, due to the late receipt of the video and photographs the Chairman proposed an adjournment of the hearing to allow for copies of the videos and photographs to be provided to the other interested party by 12.00 p.m. on 12 June 2020 and for any comments to be received by 12.00 p.m. on Monday 15 June 2020 together with confirmation of consent to submit the evidence at the adjourned hearing date.
The Chairman proposed that the Hearing was adjourned until Friday 19 June 2020 at 10.30 a.m. The proposal was seconded and it was
RESOLVED – That the meeting be adjourned.