5
The meeting start time was delayed as the applicant provided additional evidence for the sub-committee to review.
The Licensing Manager outlined the process to be followed and advised the applicant that they had received the additional papers, and they had been read. However, the purpose of the meeting was to discuss the licensable activities only, the additional information was not relevant to the Sub-Committee, and he advised that they focused on the matters on the agenda.
The Chair invited the Licensing Officer to summarise the report. The Licensing Officer presented report ES/2517 which related to the application for a premises licence at Ninedeli, Station Yard, Unit 2, Blyth Road, Southwold, Suffolk IP18 6FH. The proposed licensable activities were:
Late night refreshment – New Years Eve only – 23:00-01:00
Supply of Alcohol – On and Off the premises – 08:00 – 23:00 (Monday to Sunday)
New Years Eve – 08:00-01:00
Proposed opening hours:
Monday to Sunday 08:00-23:00
New Year’s Eve – 08:00 – 01:00
The Licensing Officer told the Sub-Committee that the reason for the hearing was that they had received one objection from other persons. A copy of the objection was attached as Appendix C of the Report. The objection was summarised as follows:
The Council is supportive of this local business and welcomes its contribution to the town’s economy and community. However, we respectfully request that the terminal hour for licensable activities be amended from 23:00 to 22:00 daily.
There were no objections received from any responsible authorities.
The Sub-Committee was informed that when taking its decision, it was required to consider the guidance issued under Section 182 of the Licensing Act 2003, the Council's current Statement of Licensing Policy and the Human Rights Act 1998, giving full reasons should it have reason to depart from these points.
The Sub-Committee was asked to determine the application by either:
1. Granting the application subject to any mandatory conditions and to those consistent with the application.
2. Granting the application subject to the same conditions but modified to such extent as the Sub-Committee considers appropriate for the promotion of the licensing objectives.
3. Rejecting the application. The Sub-Committee was asked to state its reasons when announcing its decision.
The Chair invited questions to the Licensing Officer.
Councillor Jepson asked what the premised would be used for as it was not clear from the application. The Licensing Officer advised that the applicant could provide further clarity, but it was primarily a small café which would have the addition of selling alcohol.
The Chair invited the applicant to present his case.
The applicant explained that he wished the hours for licensable activities, specifically the sale of alcohol, to match the proposed opening and closing times as set out in his original application. He emphasised that he had previous experience as a licensee, having successfully operated similar premises in Lowestoft, Kessingland, and Southwold, always following a consistent business model - a small café by day with a restaurant in the evenings, with alcohol available alongside meals. He noted that the Town Council had suggested a closing time of 10pm but stated that it was important for the alcohol licensing hours to align with the opening hours. He added that the venue may occasionally host small private gatherings, during which he also wished to serve alcohol.
The applicant told the Sub-Committee that he had always run responsible and well-managed establishments. In this case, the premises was situated further away from residential areas, and he noted that he had received expressions of support from several residents, who viewed the venture as a positive addition to the area. He wished for the application to be considered with the original applied for hours, noting that other nearby establishments operated under similar or even later opening hours. He was unsure what the issues would be.
The Chair invited questions to the applicant.
Councillor Jepson asked what the evenings were going to be. The applicant replied they were mainly for food, the drink was additional. It was not going to be a bar or nightclub. He wanted the closing hours to align with the licensed hours. If the hours proposed by the Town Council were followed, then someone coming in later could not have alcohol with their meal. Equally he did not want to encourage people pre-loading alcohol. He was not encouraging drinking; it was a food venue with alcohol. He also served hot loaded coffees in the wintertime.
Councillor Thompson asked if there had ever been any trouble at his establishments. The applicant confirmed he had ever had any trouble. In the 18 years he had been a licensee there had not been any disruption or complaints.
The Licensing Officer clarified the amended licensable hours that the Town Council were requesting.
The applicant reiterated that he wished for the licensable hours and opening hours to run concurrently. He added he would not be open until 11pm every day, it would be more likely the summer evenings when the business would be busier with tourists.
He added if he stopped selling alcohol at 10pm but closed at 11pm, there was the potential for conflict from customers.
It was clarified to Councillor Folley that the only night of the year where he wished for later hours was New Years Eve.
There were no further questions and the Chair asked everyone to sum up.
The applicant told the Sub-Committee he was keen to get on with his business and make a success of it, he hoped his previous business record would be considered and the hours of his licence granted.
The Sub-Committee adjourned to make their decision.
Decision Notice
Mr James Scott (the applicant) has applied for a new premises licence for Ninedeli at Station Yard, Unit 2, Blyth Road, Southwold, Suffolk, IP18 6FH, to permit the sale of alcohol for on and off sales Monday to Sunday 08:00 to 23:00, with the exception of New Year’s Eve, which would be from 08:00 to 01:00.
He has also requested late night refreshments from 23:00 to 01:00 on New Year’s Eve only. The proposed opening hours are Monday to Sunday 08:00 to 23:00, with the exception of New Year’s Eve, which would be 08:00 to 01:00.
This Sub-Committee has been held as one representation from other persons had been received. The representation stated that the Town Council was supportive of this local business and welcomes its contribution to the town’s economy and community. However, they requested that the terminal hour for licensable activities be amended from 23:00 to 22:00 daily, due to the business’s proximity to a residential area and the later closing time leading to increased noise, anti-social behaviour, and disturbance during later evening hours.
The Sub-Committee first heard from the Licensing Officer, who summarised the report. The Sub-Committee then heard from the applicant who said that the premises would be food led, and he would not be encouraging people to attend for drinks only, although he would not turn people away. He indicated that he had run licensed premises for 18 years and had not had any problems with the police or any complaints from neighbours. He also indicated that there were neighbouring premises with longer opening hours and he did not want to be in a position where his licensable hours were shorter than his opening hours as this could cause difficulty with customers.
The Town Council did not attend the Sub-Committee, but their representation was considered. The Sub-Committee also received additional papers from Mr Scott, which they had read and taken into consideration.
The decision of the Sub-Committee
The Sub-Committee, having considered the application, the Licensing Officer’s report and the representations received from the applicant and the objectors has decided to grant the licence as applied for.
Reasons for decision
The Sub-Committee notes under paragraph 9.12 of the Statutory Guidance that the responsible authorities are experts in their respective fields. The Sub-Committee took great weight in making its decision upon the lack of responses from responsible authorities, most notably the Police and Environmental Protection as they are the main source of information on crime and disorder and prevention of public nuisance respectively.
The Sub-Committee considered the Council’s own guidance in relation to licensing objectives and that each new licence should be considered on individual merit. Additionally, 6.1 of the Council’s Policy states that the Sub-Committee should not seek to restrict the trading hours of any particular premises unless it is considered appropriate to promote one or more of the licensing objectives. As the applicant has previous experience of running a licensed premises the Sub-Committee is confident that the applicant is capable of promoting the licensing objectives.
The Sub-Committee also took into account the representations from the neighbouring properties who indicated that they had not experienced any difficulties.
In arriving at this decision, the Sub-Committee has taken into consideration the representations of both the applicant and the objector as well as the Licensing Officer’s report. The Sub-Committee also considered the Council’s own licensing guidance and statement of licensing policy, as well as the Statutory Section 182 guidance, and Human Rights Act 1998.
The licence holder or anyone who has made a representation has the right to appeal to the Magistrates’ Court within 21 days of receiving notice of this decision.
Date: 1 October 2025