Agenda item

DECISION OF LICENSING SUB-COMMITTEE

WEDNESDAY 2^ND JUNE 2021

WINCHESTER INNS – 11 CHAPEL STREET, LANCASTER 

The Sub-Committee comprised of Councillor Colin Hartley (Chairperson), Councillor Mel Guilding and Councillor Merv Evans.

The Legal Adviser was Daniel Spencer, Solicitor.

The Democratic Support Officer was Sarah Moorghen, Democratic Services.

An application for a premises licence had been made under Section 17 of the Licensing Act 2003 by Winchester Inns Ltd in respect of, 11 Chapel Street, Lancaster.

The hearing was held in light of 3 relevant representations received from other persons as defined by the Licensing Act 2003.

The applicant Mr Gruffyd Morris was in attendance, together with Mr David McIntyre one of the directors of Winchester Inns Ltd.

Ms Taylor and Mr Wright, residents of Flat 1, 11 Chapel Street, who had made representations were in attendance and they were represented by Mr Sean Bolton.

Mr R Harrison, who had made a representation was also in attendance.

Mr M Bridson, who had made a representation was not present at the hearing but his objections were considered in its written format.         

The Chair explained the procedure to those present and stated that the hearing would be a discussion led by the licensing authority.

Sarah Jones, Licensing Officer, introduced the report. Additional photographs of the location of the premises were produced at the hearing and all parties consented to them being included with the report.

Also present was Jennifer Curtis, Licensing Manager and Trainee Licensing Officer Julie Savage.

Mr Bolton then presented the objections to the application On Behalf of Ms Taylor and Mr Wright.

Mr Harrison presented his objections to the application.

Mr A Bridson was not present. His objections were read and formed part of the application pack

Mr Morris then presented the application and helped to answer questions. Mr McIntyre also answered some questions on behalf of the applicant

The Sub-Committee then withdrew to make its decision and sought advice from its legal adviser as to the appropriate phraseology of the decision.

DECISION

The Sub-Committee carefully considered all the written information before it, and all the representations and views expressed at the hearing.

The Sub-Committee noted that this is a new application to facilitate the following licensable activities:-

-        Live Music Monday – Sunday 10:00 – 23:59 hours (Indoors)

-        Recorded Music Monday – Sunday 10:00 – 01:00 hours (Indoors)

-        Late Night Refreshment Monday – Sunday 23:00 – 01:00 hours (indoors)

-        Supply of Alcohol Monday – Sunday 10:00 – 01:00 hours (on premises)

The Sub-Committee noted the representations made by Mr M Bridson, Mr R Harrison and Mr Bolton on behalf of Ms A Taylor and Mr P Wright and the concerns they raised in relation to Public Safety and Public Nuisance and in particular concerning the potential for noise emanating from the premises and also issues concerning the shared communal area.

The applicant had told the Sub-Committee that he intended for the premises to be a quiet premise with a small amount of footfall, similar to a micropub. They were content to amend the premises map to not include the foyer. They intended to install sound proofing measures and all directors are to be SIA licensed. Any door staff would be inside the premises itself and not within the communal area.

The Sub-Committee noted that this premise was in a city location with surrounding residential premises. It had listened carefully to the reasons for the application and all of the objections raised. The Sub-Committee had concerns that even with the suggested conditions on the licence or assurances made by the applicant that there would be a public nuisance due to the noise that would be likely to emanate from the premises, causing harm to surrounding residents and in particular the residents who reside above the applicant premise.

It was the Sub-Committees decision to refuse the application.

In accordance with Section 181 and Schedule 5 of the Licensing Act 2003, the parties have a right of appeal against this decision.