Agenda and draft minutes

Licensing Sub-Committee - Tuesday, 31 August 2021 10.00 a.m.

Venue: Assembly Room, Kendal Town Hall. View directions

Contact: Committee Services 

Items
No. Item

LS/7

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Andrew Jarvis be elected Chairman for the meeting.

LS/8

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

There were no apologies and there were no changes in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.

LS/9

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

LS/10

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

LS/11

Introductions

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chairman made introductions and read out the procedure for the meeting.

LS/12

Application for the Grant of a Premises Licence pdf icon PDF 327 KB

To consider an application for a premises licence in respect of KD’s Café, 60 Quarry Rigg, Bowness-on-Windermere.

Additional documents:

Minutes:

The Licensing Officer presented the application for a grant of a premises licence at KD’s Café, 60 Quarry Rigg, Bowness-on-Windermere. The application sought the sale of alcohol for consumption on the premises between the hours of 11.00 to 20.00, Monday to Sunday. The Licensing Officer drew Members’ attention to the fact that these operating hours were a reduction from the original application.

 

The Licensing Officer stated that 12 representations had been received from interested parties. However, following further consultation in relation to the reduction of the operating hours, three representations were subsequently withdrawn. She explained that the representations were concerned with the possible effect that the granting of the licence would undermine the licensing objective of ‘Prevention of Public Nuisance’, copies of the representations were to be found at Appendix 3 of the report. No objections were received from any of the responsible authorities and the application had been advertised in line with the statutory requirements.

 

No questions from Members were raised.

 

Mr.Fogerty, a local resident who lived in the flat directly above the premises, addressed the Sub-Committee in objection of the application due to the potential effect on the quiet enjoyment of his flat.

 

No questions from Members were raised.

 

The Applicant, Mr.Rogers, made his representation and clarified to Members that Quarry Rigg Management Limited, the company who managed the site, did not make any representations in relation to the application.

 

The Applicant responded to questions from Members. He clarified that no live music would take place on, or outside, the premises, only background music would be played such as the radio.  He further explained that there were many other licensed premises in close proximity to the café, and listed others on the Quarry Rigg site.

 

The Applicant provided an explanation to Members for the proposed operating hours in his original application submitted to the Licensing Authority on 06 July 2021. He had originally applied for later hours due to the ongoing European Football matches being played. However, he clarified to Members that the main purpose of the licence would was to be able to serve alcohol along with nibbles before customers attended the cinema which was in close proximity to the café.

 

The Applicant provided Members with assurances that all pathways would be kept clear at all times. He explained that the current seating arrangements were a significant reduction in what had been at the café historically.

 

Discussions with Members took place around the legality of the outdoor seating at the premises. The Solicitor responded to a question from Members regarding the lease of the property and if a premises licences, if Members were minded to grant, would supersede the lease.

 

Members sought clarification from the Applicant with regards to the ownership of land where the seating area was. The Solicitor reminded Members that the terms of the lease was a matter between the landlord and the tenant, and that, in the absence of any objections from the landowner and/or Landlord, this was not an issue for  ...  view the full minutes text for item LS/12