To consider an application for a new Premises Licence under the Licensing Act 2003 for Unit K The Maltings, Station Road, Sawbridgeworth, Essex CM21 9JX.
The three Councillors that presided over this application were Councillors R Morgan (Chairman), A Lion and J M Whitehouse. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.
In attendance for the application was the applicant Mr Daniel Potter.
There were no objectors present.
The Chairman then introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.
(a) Application before the Sub-Committee
An application was made by Daniel Potter for a new premises licence at The Gallery, Unit K, The Maltings, Station Road, Sawbridgeworth, Essex CM21 9JX. The application was for the following activities.
· Provision of Live Music
Friday to Saturday 18:00 to 23:00
Sunday 12:00 to 22:00
· Provision of Recorded Music
Monday to Tuesday 10:00 to 17:00
Wednesday and Sunday 10:00 to 22:00
Thursday to Saturday 10:00 to 23:00
· Sale by Retail of Alcohol (on and off sales)
Monday to Tuesday 12:00 to 17:00
Wednesday and Sunday 12:00 to 22:00
Thursday to Saturday 12:00 to 23:00
· Non-standard timings
Summer Bank Holiday in August where there was a possibility that live music will take place.
Easter Monday and May Bank Holiday12:00 to 23:00.
Live Music Christmas Eve and New Year’s Eve until 00.30am.
Recorded Music may be extended on Christmas Eve and New Year’s Eve with the use of a DJ.
Sale by Retail of Alcohol may be extended on Christmas Eve and New Year’s Eve to 00.30am.
Opening Times may be extended on Christmas Eve and New Year’s Eve to 01.00am.
Opening Times requested, Monday to Tuesday 10.00 – 17.00 Wednesday and Sunday 10.00 – 22.00 Thursday to Saturday 10.00 – 23.00.
The application was received on 22 July 2022. The Operating Schedule set out conditions that would be attached to the licence if this application was granted.
The Responsible Authorities had all received a copy of the application. It was also advertised at the premises and in a local newspaper. The public notice and newspaper advert were attached in the agenda report. All residences and businesses within 150 metre radius of the premises were individually consulted.
The authority had received seven representations of objection from two residents and five nearby businesses, which were detailed in the agenda report. The objections related to public safety and the prevention of public nuisance. Also included in the agenda report were conditions that were agreed with Essex Police. Essex Fire and Rescue responded and advised that they did not propose to carry out an inspection at this present time.
(b) Presentation of the Applicant’s case
The applicant, Mr D Potter outlined his application and advised that The Maltings was essentially an antiques hub and he had been occupying a unit in there for the last two years. An opportunity arose where Unit K became available and he consulted with local residents and businesses who offered him encouragement and support for his new business venture.
(c) Questions for the Applicant from the Sub-Committee
The Sub-Committee asked the applicant what experience he had with the licensing trade. Mr Potter advised that he had worked in a public house for the last twelve months to get some experience as it had always been a passion of his to run a much smaller establishment. He clarified that this was not going to be a pub bar, one half would be an antiques shop where people would walk in look at art and antiques for sale and there would be a provision to sit and have a craft beer or a glass of wine with some live music. There would be no beer on tap it would be high end bottled craft beers and wine.
The Sub-Committee asked if the licensed activities were enclosed in the unit with no outside activity? Mr Potter advised that was applying for a license to cover outside seating for 6 tables.
The Sub-Committee asked if Mr Potter would be the designated premises supervisor? Mr Potter advised that he would and that he had just obtained his personal licence.
The Sub-Committee stated that the main objection was parking and asked if could he explain how the parking would work? Mr Potter stated that there were 7/8 parking spaces outside unit K and unit L which was immediately next door, where his father would be running a separate antiques business. The other businesses usually close at 5pm and there was some parking in the access road.
The Sub-Committee noted that it was a small venue with only 7 inside tables and asked how many people were expected to be at the venue at any one time? Mr Potter advised that when there was a live music event, he thought around 50 people but was happy to be guided by the Sub-Committee.
The Sub-Committee asked if there were 50 people attending an event where would they park? Mr Potter stated that he had an agreement with the antiques business next door who have approximately 30 parking spaces and that they could be used after 5pm. There was also the station car park a few minutes away. He added that he would never encourage anyone to drink and drive and hoped that patrons would come on the train as the station was only a few minutes away, also that people who lived in Sawbridgeworth would be able to walk down to the venue.
The Sub-Committee asked how the live music would be controlled to minimise the impact on local residents? Mr Potter advised that Unit K was presently a gym which had been there for 7 years, they opened at 6.30am and they play very loud pumping music, he knew this because he lived above. The landlord has said he would be putting a new soundproof ceiling into Unit K which will be put in before he took the premises over. Although the application was for live music all week Mr Potter stated that he envisaged that it would only be twice a week, which would be on either a Friday or Saturday night and Sunday lunchtime, which would only be chill out music in the form of a guitarist or a pianist. The rest of the week would be recorded background music.
The Sub-Committee noted that Mr Potter had accepted the police conditions and one of these conditions being a dispersal policy and asked what dispersal policy was in place? Mr Potter advised that he did have a dispersal policy in place to which he understood to be making sure the local community was not disturbed and encouraged people to leave the premises quietly.
The Sub-Committee noted that the applicant had applied for off sales and the applicant why? Mr Potter said he had researched other similar premises who sold craft beers and noted that people liked to buy craft beers to take home to drink where they may not be able to find it for sale in a supermarket or off licence.
(d) Closing Statement from the Applicant
The Applicant had nothing further to add.
(e) Consideration of the Application by the Sub-Committee
The Chairman advised that the Licensing Sub-Committee would go into private session to consider the application and asked everyone, apart from the Sub-Committee Members and advisory officers, to leave the Council Chamber.
The Licensing Sub-Committee considered that the application satisfied the necessary requirements in order to be considered, as it was on the prescribed form, it had been advertised and the relevant notifications given.
During its deliberations in private session the Sub-Committee received no further advice from the officers present.
That the application for a premises licence for The Gallery, Unit K The Maltings, Station Road, Sawbridgeworth CM21 9JX, be granted subject to the following conditions which were considered reasonable and proportionate for the promotion of the licensing objectives:
· Provision of Live Music
Friday to Saturday -18:00 to 23:00
Sunday -12:00 to 22:00
· Provision of Recorded Music
Monday to Tuesday - 10:00 to 17:00
Wednesday – 10:00 to 22:00
Thursday to Saturday – 10:00 to 23:00
Sunday - 10:00 to 22:00
· Supply of Alcohol
Monday to Tuesday – 12:00 to 17:00.
Wednesday – 12:00 to 22:00
Thursday to Saturday 12:00 to 23:00.
Sunday – 12:00 to 22:00.
Sale of alcohol for consumption - On and Off Sales.
· Hours Premises are Open to the Public (Opening Times)
Monday to Tuesday – 10:00 to 17:00.
Wednesday and Sunday 10:00 to 22:00.
Thursday to Saturday 10:00 to 23:00.
· Non-standard timings
Summer Bank Holidays in August where there was a possibility that live music will take place.
This would also to include Easter Monday and May bank holiday. The same timings would be in place for Sunday session.
Live Music Christmas Eve and New Year’s Eve until 00:30am.
Recorded Music maybe extended on Christmas Eve and New Year’s Eve with the use of a DJ.
Supply of alcohol maybe extended on Christmas Eve and New Year’s Eve to 00:30am.
Opening Times maybe extended on Christmas Eve and New Year’s Eve to 01.00am.
· the conditions as submitted by the applicant within their application,
· the representations which were previously agreed with the Applicant and Essex Police on page 65 of the agenda in so far as they add to or supersede the applicant’s conditions,
And in addition, for the prevention of crime and disorder and public safety, the following conditions:
· posters shall be displayed in the toilets to advertise specialist support services for those who feel that they need assistance with any addictions that they may have,
· staff must regularly check the toilets, to ensure that there was no drug paraphernalia and any such paraphernalia including any controlled drugs recovered must be reported to the police and arrangements must be made for same to be collected, which were mentioned on page 65 of the Agenda,
which we consider are reasonable and proportionate and will not undermine the licensing objectives.
The applicants and the objectors are reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision and of the review mechanism under the Licensing Act 2003 because of any matters arising in the future at the Premise in connection with any of the four licensing objectives.