Agenda item
Application for a variation to an existing Premises Licence
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
Minutes:
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.
Supporting documents:
- A01 Report Wabi License variation, item LI/2 PDF 116 KB
- A01a Wabi Application, item LI/2 PDF 129 KB
- A01b Wabi Noise Management Plan, item LI/2 PDF 111 KB
- A01c EHO Wabi Objection, item LI/2 PDF 83 KB
- A01d Wabi Objection 1, item LI/2 PDF 46 KB
- A01d Wabi Objection 2, item LI/2 PDF 45 KB
- A01d Wabi Objection 3, item LI/2 PDF 45 KB
- A01d Wabi Objection 3ap, item LI/2 PDF 133 KB
- A01d Wabi Objection 4, item LI/2 PDF 59 KB
- A01d Wabi Objection 5, item LI/2 PDF 77 KB
- A01d Wabi Objection 6, item LI/2 PDF 35 KB