Agenda, decisions and minutes

5.1            It was proposed, seconded and

RESOLVED          That Councillor G F Blackwell be appointed as Chair for the meeting. 

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

In the event of a fire any person with a disability should be assisted in leaving the building.   

6.1            The evacuation procedure, as noted on the Agenda, was advised to those present.  

Pursuant to the adoption by the Council on 24 January 2023 of the Tewkesbury Borough Council Code of Conduct, effective from 1 February 2023, as set out in Minute No. CL.72, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

7.1            The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 24 January 2023 and took effect from 1 February 2023.

7.2            There were no declarations of interest made on this occasion. 

To determine an application for a variation of premises licence for Royal Hop Pole Hotel, 94 - 96 Church Street, Tewkesbury, GL20 5RT. 

Premises:                                           The Royal Hop Pole, 94-96 Church Street, Tewkesbury, GL20 5RT.

Applicant:                                          J D Wetherspoon PLC

Application for the variation of a premises licence under Section 34 of the Licensing Act 2003.

Present:                                               Councillors G F Blackwell, P A Godwin and D W Gray.

Representatives of the                        Area Manager

applicant:                                             Licensing Director

                                                            Regional Manager

Other parties addressing the              Councillor C M Cody

Sub-Committee:                                 Three residents of St Mary’s Lane

SUMMARY OF REPRESENTATIONS

1.      No responsible authorities made representations in relation to the application.

2.      Seven representations were made by other persons in relation to the application.  All of the representations objected to the application.

THE APPLICATION AS AMENDED BY THE APPLICANT

·           The sale by retail of alcohol for consumption on and off the premises from 09:00 to Midnight on Friday and Saturday.

·           The exhibition of films from 07:00 to Midnight on Friday and Saturday.

·           The provision of late night refreshment (indoors and outdoors) from 23:00 to Midnight on Friday and Saturday.

·           Opening hours from 07:00 to 00:30 on Friday and Saturday.

·           The terminal hours of all licensable activities and opening hours to be extended by one hour on Christmas Eve, Boxing Day, Maundy Thursday and Sundays preceding a bank holiday Monday – this will only apply where they fall on a day other than Friday or Saturday.

DECISION

Having considered the application; the evidence provided; the representations made by all parties, including those made at the hearing, the provisions of the Licensing Act 2003, the obligation to promote the four licensing objectives; the relevant sections of the Council’s Statement of Licensing Policy and the Statutory Guidance, it was resolved that the variation of the premises licence be GRANTED in accordance with the application as amended by the applicant, subject to the following conditions:

ADDITIONAL CONDITIONS IMPOSED BY THE SUB-COMMITTEE

·           From 22:00 hours, the garden (not including the designated smoking area) should be closed for all reasons other than for ingress and egress.

·           CCTV condition to be updated to include the majority of the car park area. The extension of the licence will not come into force until the CCTV is installed and working.

REASON

The Licensing Sub-Committee considered the fact that the Responsible Authorities consulted had no concern and did not make any representations. The Sub-Committee also took account that other premises in the area have later licences.  Whilst the Sub-Committee recognised and sympathised with the concerns expressed by the other parties, a large number of issues raised could not be directly linked to the premises. The Sub-Committee imposed conditions in order to try and alleviate these concerns.

APPEAL

All parties were reminded of their rights of appeal against the Licensing Authority’s decision pursuant to Section 181 of and Schedule 5 to the Licensing Act 2003. An appeal must be made to the Magistrates’ Court and commenced within 21 days of notification of the authority’s decision.

REVIEW

All parties were reminded of the procedures contained within the Licensing Act 2003 relating to the potential review of a premises licence. This  ...  view the full decision text for item 8.

8.1            The report of the Licensing Operations and Development Team Leader, circulated at Pages No. 1-89, outlined an application for variation of a premises licence in respect of the Royal Hop Pole Hotel, 94-96 Church Street, Tewkesbury, GL20 5RT.  The Licensing Sub-Committee was asked to determine the application by either granting the application as applied for; granting the application but with modifications to times or conditions appropriate to promote the licensing objectives; or, rejecting all or part of the application.

8.2            The Chair asked all parties present to identify themselves and explained the procedure that would be followed by the Sub-Committee.  The Licensing Operations and Development Team Leader advised that an application had been received under the Licensing Act 2003 to vary the existing premises licence held by the Royal Hop Pole Hotel which sought to extend the sale by retail of alcohol for consumption on and off the premises by 30 minutes until midnight every day.  Since the publication of the report, the applicant had offered an amendment to extend the sale by retail of alcohol for consumption on and off the premises by 30 minutes on Friday and Saturday meaning alcohol would be served until midnight on those days only.  The application had also originally sought to extend the exhibition of films by one hour until midnight every day but that had subsequently been amended to Friday and Saturday only; and to extend the provision of late night refreshment (indoors and outdoors) by one hour until midnight every day which had also been amended to Friday and Saturday only.  The original application was seeking to amend the opening times from 0700 to 0030 every day but that had now been amended to Friday and Saturday only.  In terms of non-standard timings, the application sought to extend the terminal hours of all licensable activities and opening hours by one hour on Christmas Eve, Boxing Day, Maundy Thursday and Sundays preceding a Bank Holiday Monday and clarification was provided that this would only apply where they fell on a day other than Friday or Saturday.  It was noted that the application also sought to vary the wording of a condition on the existing licence so that a full food menu was available to customers up to 2300 hours each night as opposed to the terminal hour for the sale of alcohol.  Confirmation was provided that all of those who had made representations had been made aware of the amendments on 8 February 2023.  The application had been advertised as required by site notice and an advert in the Gloucestershire Echo.  A full copy of the application had been sent to responsible authorities as set out at Page No. 3, Paragraph 2.2 of the report and no objections had been received.  Seven representations had been received from ‘other persons’ in relation to the application including two business owners and one from Councillor Cody, a local Ward Member for the area, and these were set out at Appendix D to the report.  ...  view the full minutes text for item 8.