Agenda and draft minutes

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Media

Items
No. Item

1.

Apologies for absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

2.

Items of Urgent Business

To determine any other items of business which the Chair decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972.

Minutes:

There was no urgent business.

3.

Declarations of Interests

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

Minutes:

There was no declarations of interest.

4.

To consider an application for What a Hoot, King's Lynn

Minutes:

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The Chair welcomed everyone to the meeting and declared that the Sub-Committee was sitting to consider an application for a premises licence in respect ofWhat a Hoot, 7a King Street.  She introduced the Sub-Committee, the Borough Council officers and the Legal Advisor and explained their roles. 

 

The Chair explained that the meeting was being broadcast to You Tube.

 

A roll call was held and all parties were asked if fifteen minutes would be sufficient to present their case.

5.

Procedure which will be followed at the Hearing pdf icon PDF 218 KB

Minutes:

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At the request of the Chair, the Legal Advisor outlined the procedure which would be followed at the Hearing.

 

Those present were informed that as the meeting was being held remotely, the decision would not be read out at the Hearing, but would follow in writing within five working days.

6.

Video of the Premises

Minutes:

Click here to view the video which was shown at the Hearing.

 

The Sub-Committee were shown a video of the premises and surrounding area.

7.

Report of the Licensing Officer pdf icon PDF 20 MB

Minutes:

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At the request of the Chair, the Licensing Officer presented her report to the Sub-Committee as set out in the Agenda. 

 

Questions were invited from all parties.  The Licensing Officer responded to questions from the Chair relating to conditions and transferal of licences.

 

The Licensing Officer responded to questions from the Legal Advisor to clarify the operating hours.  It was clarified that operating hours on Sundays and Bank Holidays was 8pm.

 

It was also clarified that conditions had been agreed with the Council’s Community Safety and Neighbourhood Nuisance Team, Norfolk Constabulary and some had been offered by the applicant.

 

It was also clarified that Responsible Authorities had conducted the necessary site visits as appropriate.

8.

The Applicant's Case

Minutes:

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At the request of the Chair, the Applicant, Jason Crown presented his case to the Sub-Committee.

 

Questions were invited from all parties.

 

The Applicant responded to questions from Mr Hoskins relating to the location chosen for the distillery, changes to the operation of the premises since the grant of the planning application and operating hours.  Mr Hoskins also asked a question about the proportion of revenue which would be achieved through the extended operation.  It was clarified that this was not relative to the Licensing regime.  

9.

Interested Parties Case

Minutes:

a) Mr Hoskins

 

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Mr Hoskins presented his case to the Sub-Committee and responded to questions from all parties.

 

The Licensing Officer asked what sort of Licence Mr Hoskins would find acceptable for the premises.  He explained that it should be off licence only until about 6pm in the evening.

 

The Chair clarified arrangements for site visits and explained that the video was presented at the Hearing as a site visit could not be conducted during the Coronavirus pandemic.  She also asked Mr Hoskins questions about why he did not object to the planning application, and he explained that he did not have any objections to the distillery and workshop, but this was not the place for an ‘on licence’ premises.

 

b) Mr Curran

 

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Mr Curran presented his case to the Sub-Committee and responded to questions from all parties.

 

The Applicant, Mr Crown asked Mr Curran why he thought that the other objectors did not attend the Hearing if they felt strongly against the application.  Mr Curran explained that some did not feel comfortable appearing on You Tube, however their written representations would still be taken into consideration.

 

Mr Curran also referred to a window on the party wall which had not been acknowledged in the planning application or the licensing application.  The Applicant explained that the floor level of 7a King Street was approximately four feet lower than the adjoining property, therefor it was eight or nine feet in the air, meaning that no one from 7a King Street could look out of it as it was too high.

 

c) Councillor Long

 

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Councillor Long spoke in support of the application.  There were no questions to Councillor Long.

 

d) Councillor Kunes

 

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Councillor Kunes spoke in support of the application.  There were no questions to Councillor Kunes.

 

10.

Summing Up - Licensing Officer

Minutes:

11.

Summing Up - Interested Parties

Minutes:

12.

Summing Up - The Applicant

Minutes:

13.

Outstanding Matters

Minutes:

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The Legal Advisor outlined the outstanding matters.  She also provided detail of the Legal advice she would be providing to the Sub-Committee Members whilst they retired to make their decision.

 

The Chair made reference to the window referred to by Mr Curran.  It was suggested that the Sub-Committee use Google Maps to view the area.  Mr Curran explained that this would not be visible from Google Street view and asked if there was a way that the Council could accommodate a site visit to his property to view the window which faced his garden.

 

The Legal Advisor provided information on the options available to the Sub-Committee.

 

 

14.

Decision Notice pdf icon PDF 593 KB

Minutes:

The Panel retired to consider its decision in private, accompanied by the Democratic services Officer and the Legal Advisor on specific points of law and procedure.

 

After the meeting, the decision was sent out to all parties.  A copy of the Decision Notice is attached.