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Introductory remarks by the Chairman
The Chairman of the Panel will outline procedures to be adopted in relation to the conduct of the meeting and will introduce the Members of the Panel and other persons present.
The Chairman welcomed everyone to the hearing and following introductions he set out the procedure that would be followed during the hearing.
The applicant confirmed that there were no amendments to the application submitted.
Apologies for absence
To receive apologies for absence.
Apologies for absence from Mrs Christine Clifford, the objector, were noted.
Declarations of interest
To receive any disclosure of disclosable pecuniary interests by Members relating to items on the agenda. If any Member is uncertain as to whether an interest should be disclosed, he or she is asked if possible to contact the District Solicitor prior to the meeting.
Members are reminded that if they are declaring an interest, they should state the nature of that interest whether or not they are required to withdraw from the meeting.
There were no declarations of interest.
39 High Street, Princes Risborough, HP27 0AE
The Panel considered an application under s.17 of the Licensing Act 2003 for a Premises Licence in respect of 39 High Street, Princes Risborough, HP27 0AE.
Mr Brian Whittall, WDC Licensing Officer, outline details of the report to the Panel and explained that the applicant had applied under s.17 of the Licensing Act 2003 for a Premises Licence. The application had been served on all responsible authorities and advertised, as required, for the required 28-day consultation period.
The Thames Valley Police had, in discussions with the applicant, agreed to conditions being attached to the Premises Licence which were outlined in the hearing papers. Background information had also been provided on the recent planning application which had been approved. One representation had been received from an interested party in respect of noise nuisance.
It was noted that the objector, Christine Clifford, had not attended the hearing, therefore Mr Whittall read out her submission to the Panel:
“The hours have changed significantly from the original Design and Access Statement by Andrew Eades of September 2019. Originally the hours included a day closure on Monday, and Sunday closure by 6pm. Now it is open every day to 11.30, 12.30 and 1.00am with drinks served, and live music, to times of 11, 12, 12.30 and 10 on Sunday.
I live to the rear of this property and it is obvious that myself and my neighbour will not get any peace or respite from constant noise and music every night of the week. The estate is predominantly elderly people, and this seems totally out of place for the area.
If you refer to the report by Matthew Jackson, my property actually borders these premises, only 6m away from all this noise and disruption, with people probably outside smoking, up against the fence.
Please consider reducing the hours and returning to the original idea of one day a week closure and Sunday to 6pm.”
Mr Whittall drew the Panel’s attention to the relevant parts of the Council’s Licensing Policy and the National Guidance, particularly:
2.19 “Where applications have given rise to representations, any appropriate conditions should normally focus on the most sensitive periods.”
2.21 “Beyond the immediate area surrounding the premises, these are matters for the personal responsibility of individuals under the law. An individual who engages in anti-social behaviour is accountable in their own right.”
3.16 “The Council wishes to protect the amenity of residents and businesses in the immediate area surrounding the licensed premises. Applications should demonstrate that public nuisance will not increase as a result of the application being granted.”
The Panel was obliged to determine the application with a view to promoting the licensing objectives, which were:
· The prevention of crime and disorder
· Public safety
· The prevention of public nuisance
· The protection of children from harm
In making its decision, the Panel was also obliged to have regard to the national guidance and the Council’s Licensing Policy. Should the Panel depart from either, it was required to specify its reasons for doing ... view the full minutes text for item 59.