Agenda and minutes

RESOLVED

That Councillor Ian Howard be elected Chairman for the meeting.

To consider an application for a variation to an existing Premises Licence, under section 34 of the Licensing Act 2003, in respect of Wabi Restaurant, 38 East Street, Horsham RH12 1HL

TO CONSIDER AN APPLICATION FOR A VARIATION TO AN EXISTING PREMISES LICENCE IN RESPECT OF WABI RESTAURANT, 38 EAST STREET, HORSHAM

DETAILS OF APPLICATION:  The existing premises licence stated that the rear garden patio area ‘will be closed to the public for all activities between the hours of 23.00hrs and 07.00hrs the following day’.  The proposed variation would amend these hours to ‘01.00hrs and 07.00hrs Saturday and Sunday only’.  The variation would therefore extend the opening hours of the rear garden patio area by two hours, until 1.00am, on Friday and Saturday nights. 

The Licensing Officer presented the report, which set out details of the application and representations made by interested parties.  

Representations:

Responsible Authorities:  There had been an objection from the Council’s Environmental Health & Licensing Department on the grounds that the proposal would undermine the Licensing Objective for the prevention of public nuisance.

Interested Parties: Six members of the public had submitted letters or emails of complaint.

The Ward Members:  No comments had been received.[is that right??]

The Chairman heard from the Environmental Health Officer and then from the applicant, who had submitted a Noise Management Plan.

Three members of the public addressed the sub-committee in objection to the application.

Members considered all the evidence and submissions before them including the representations made on the application, and the answers to questions given to the sub-committee by those present.  

The sub-committee concluded that the Grant of a Variation to the Premises Licence would, on the balance of probability, lead to an increase in noise nuisance.  The sub-committee were not satisfied that the Noise Management Plan would ameliorate this nuisance.  

RESOLVED

That the application for a Variation to the existing Premises Licence, to allow the rear garden patio area to be closed between the hours of 01.00hrs and 07.00hrs on a Saturday and Sunday morning instead of between the hours of 23.00hrs and 07.00hrs, be refused.

REASON

The proposal would be detrimental to the achievement of the prevention of public nuisance Licensing Objective.

The parties were informed of the rights of appeal.