Venue: District Council Chamber, South Lakeland House, Kendal
Contact: Committee Services
Election of Chairman
To elect a Chairman for the meeting.
RESOLVED – That Councillor Helen Ladhams be elected Chairman for the meeting.
Apologies and Reconstitution of Membership
To receive apologies for absence, if any, and to report any arising changes to membership.
There were no apologies and there had been no change in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.
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.
RESOLVED – That it be noted that no declarations of interests were raised.
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.
RESOLVED – That it be noted that there are no excluded items on the agenda.
The Chairman will make introductions and read out the procedure for the meeting.
The Chairman made introductions and read out the procedure for the meeting.
To consider the application for a premises licence in respect of Bertie’s Kitchen and Bar, Unit 3B Lake Road, Coniston.
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:-