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The Sub-Committee considered report ES/0794 relating to a variation to an existing premises licence for the Queen's Head, 21 High Street, Saxmundham. The application sought to permit the sale of alcohol, extend times for on sales and to add recorded music indoors.
The Licensing Officer advised that, in response to the application for the variation, one relevant representation had been made within the required 28-day statutory period and that representation was against the application. The Applicant had been provided with a copy of the representation which was appended to the report for the Members of the Sub-Committee only at Appendix C.
The Licensing Officer explained that, during mediation between the objector and the Applicant’s representative, the Applicant suggested amendments to the original application. Both parties had agreed to the amendments which were contained in Appendix D to the report. As the original application had been amended, it was necessary for the Sub-Committee to meet and make a decision.
The report identified a number of other points for the Sub-Committee to consider which were:
- 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.
If the Sub-Committee had reason to depart from these, it was asked to give full reasons for doing so.
The Sub-Committee was requested to determine the application by:
1. Granting the application subject to such conditions as were consistent with the operating schedule accompanying the application, any condition which must be included in the licence in accordance with the Licensing Act 2003, and the amended timings agreed between the applicant and the objector.
2. Granting the application subject to the same conditions but modified to such extent as the Sub-Committee considered appropriate for the promotion of the licensing objectives.
3. Or by rejecting the application.
Depending on the decision of the Sub-Committee, both the Applicant and the other parties that had made representations had rights of appeal to the Magistrates' Court.
When announcing its decision, the Sub-Committee was asked to state its reasons.
The Chairman invited questions.
Members sought clarification on the following:
1. Was it just one objection?
2. Was the objector(s) happy with the proposed conditions?
The Licensing Officer confirmed there was one objector and they had agreed to the proposed conditions.
No further issues were raised.
The meeting was adjourned from 2.15pm to 2.50pm to enable the Sub-Committee to make its decision.
On the Sub-Committee's return, the Chairman read out the following decision notice:
Mr Yi Liang has applied for a variation to an existing premises licence at the Queen’s Head, 21 High Street, Saxmundham, which would extend the opening hours from Monday to Saturday 11:00 to 23:00 to Monday to Saturday 11:00 to 24:00 and on New Year’s Eve on a Sunday from 12:00 until 22:30 to 12:00 to 24:00, to extend the opening of the premises by 1 hour and include the playing of recorded music.
There has been one objection received on 24 May 2021 and following mediation between the applicant and the objector, an agreed position has been reached whereby the following amendments to the licence will be as indicated in Appendix D of the Licensing Officer’s report:
In Part 3
To change supply of alcohol for consumption ON the premises
FROM Friday and Saturday 11:00am - 11:00pm
TO Friday and Saturday 11:00am – 24.00
(Monday to Thursday unchanged)
In Part 4
F - Recorded music
11.00 – 23.00 Monday to Thursday
11.00 – 24.00 Friday and Saturday
J - Supply of alcohol
11.00 – 23.00 Monday to Thursday
11.00 – 24.00 Friday and Saturday
L - Opening hours
11.00 – 23.20 Monday to Thursday
11.00 – 00.20 Friday and Saturday
The Sub-Committee heard from the Council’s Licensing Officer in person, neither the applicant nor the objector attended in person having reached an agreed position.
Sub-Committee’s Decision
After considering the application and the Licensing Officer’s report, both written and oral, the Sub-Committee has decided to grant the application subject to such conditions as are consistent with the operating schedule accompanying the application. Any condition which must be included in the licence in accordance with the Licencing Act 2003 and the amended timings agreed between the application and the objector as listed in Appendix D of the Licensing Officer’s report.
In arriving at its decision, the Sub-Committee has given due consideration to the report, the statutory guidance, the Council’s own Statement of Licensing Policy and the licensing objectives contained in the Licensing Act 2003.
Anyone affected by this decision has the right to appeal to the Magistrates’ Court within 21 days of receiving this notice of the decision. Any person can make an application to the Licensing Authority for a review of the premises licence if they believe the licensing objectives have been compromised by the applicant at any time.
Date: 15 June 2021