Agenda and minutes

To receive any apologies for absence.

There were no apologies for absence.

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.

There was no urgent business.

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.

There was no declarations of interest.

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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 of The Pear Tree Café, 58 London Road, King’s Lynn.

The Sub-Committee, Borough Council Officers and Legal Advisor were introduced and their roles explained.

All other parties introduced themselves and confirmed that fifteen minutes would be sufficient to present their case.

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At the request of the Chair, the Legal Advisor outlined the procedure which would be followed at the Hearing.  He explained that there would be a slight amendment to the usual procedure in that Councillor Bambridge who was representing some of the Interested Parties would present her case before the applicant due to her needing to leave the Hearing early.  All parties present agreed to the change in procedure.

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At the request of the Chair, the Licensing Officer presented her report to the Sub-Committee as included in the Agenda.  She explained that there had been a revision to the hours applied for, following negotiation with the Community Safety and Neighbourhood Nuisance Team.  On sales would now not commence until 11.00am each day.

The Licensing Officer provided detail of the Mandatory conditions and the conditions which had been put forward by the Applicant.

It was noted that there had been no objections from the Responsible Authorities and seven objections from Interested Parties, as included in the Licensing Officers report.

The Licensing Officer provided detail of the history of premises licences at the Premises from previous owners.

In response to a question from Councillor Crofts, the Licensing Officer explained that the Fire Services had asked for a Fire Risk Assessment to be conducted at the Premises.

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Councillor Bambridge presented her case on behalf of Interested Parties.  She commented that it was a pity that there had been no comments from the Police.  She was the Chair of the King’s Lynn Safer Neighbourhood Action Panel and was aware of antisocial behaviour issues in this area.  She stated that she had emailed the Police with her concerns about this application, but had received no response.

Councillor Bambridge explained that she had received lots of correspondence from residents in objection to the sale of alcohol times proposed.  She explained that she was not aware that the times had now changed, but was pleased to see it changed to 11am as 8am was far too early. 

Councillor Bambridge commented that there were already eleven establishments in the area that sold alcohol, which was enough already.  She was concerned about the residents of Merchants Terrace Hostel and antisocial behaviour in the area near the Savage Statue.

She explained that the area was a residential area and lots of people lived above shops, which this Council encouraged to ensure a vibrant community.

Councillor Bambridge stated that the London Porter House was well controlled and often live music finished early to accommodate residents.

Councillor Bambridge stated that she couldn’t understand why off sales were required.  She was pleased that the building was being brought back into use, but she cared about the residents and the public nuisance that could occur from the premises.

The Licensing Officer clarified that no objections had been received from the Police.  She explained that she had asked the Police for crime reports for the area, but had not received a response.  She informed those present that when the premises was used as a Post Office it had a licence from 8am to 11pm for off sales.

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At the request of the Chair, Daniel Pereira presented the case on behalf of the Applicant.  He stated that he had not experienced any of the behaviour raised by the objectors.  He explained that ID checks would be in place and service would be limited or refused if people were drunk. 

He referred to posts on Facebook which had been posted by others advertising 8am for the sale of alcohol, which was incorrect as on sales were now proposed to start at 11am.  He also explained that some of the Facebook posts were personal, spiteful and included racist remarks including from the owner of an adjacent business, which the applicant felt was out of fear of competition.

Daniel Pereira addressed the concerns raised by objectors about people leaving the premises and he explained that it was no different to the surrounding pubs and would be managed accordingly.  Signs asking people to respect the neighbours and leave quietly were up at the premises.

He explained that TENS had been applied for whilst the premises had been waiting for the outcome of this application and the Police had not objected to the TENS.

The Courtyard of the premises had been cleaned up and he had met with residents of Guannock Place to alleviate their concerns and explain that the internal and external areas would be covered by CCTV.

Danial Pereira read out some of the positive feedback and reviews from customers.  He explained that the Applicant had no desire to cause antisocial behaviour and referred to the operating hours of nearby premises and that both nearby pubs had outdoor seating areas.

Councillor Crofts asked for clarification on where the smoking area would be and it was explained that it would be the outside courtyard.  It was clarified that access to the Courtyard would be through the Café.  In response to a question from the Licensing Officer it was confirmed that the gate to the Courtyard would be locked until 11am.

In response to a question from the Chair, the Applicant’s representative explained that the external areas of the premises were checked at opening and closing times.  He explained that they had found syringes and needles in the Courtyard when clearing it to bring it into use.

In response to a question it was clarified that the Premises had a capacity of 26 and this had been accepted by the Fire Officer.

Cristina Pereira confirmed that she had a Personal Licence and would be on duty during opening hours.

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The Licensing Officers summed up her case and reminded the Sub-Committee that they should consider all the information included in the Agenda and put forward at the Hearing today.

She confirmed that there had been TENS at the premises recently with an 8am start for sale of alcohol.

Councillor Bambridge had left the Hearing.

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The Applicant’s representative summed up their case confirming that false times had been posted on Facebook and he felt that this was the main reason for the objections.  He hoped that the Applicant could move forward with their business.

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The Legal Advisor outlined outstanding matters and provided detail of the Legal Advice that would be provided to the Sub-Committee Members whilst they retired to make their decision which would relate to the Licensing Act 2003, the Borough Councils Licensing Policy, Section 182 Guidance and Case Law.

The Chair explained that the Sub-Committee would retire to make their decision in private, accompanied by the Democratic Services Officer for administrative purposes and the Legal Advisor for specific points of law and procedure.

All parties were called back into the room and the decision of the Sub-Committee was read out.  A copy of the decision notice is attached.