Agenda and minutes

Licensing Sub-Committee - Tuesday, 8th August, 2023 10.00 am

Venue: Council Chamber - Appletree Court, Beaulieu Road, Lyndhurst, SO43 7PA. View directions

Contact: Tel: 023 8028 5982  E-mail:  joe.tyler@nfdc.gov.uk

Media

Items
No. Item

1.

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

Cllr S Clarke was elected Chairman of the Sub-Committee.

2.

Declarations of Interest

To note any declarations of interest made by members in connection with an agenda item. The nature of the interest must also be specified.

Minutes:

There were none.

3.

Application to vary a Premises Licence - India Cottage, 35 Christchurch Road, Ringwood BH24 1DG pdf icon PDF 232 KB

Additional documents:

Minutes:

Decision of the Licensing Sub-Committee hearing held at Appletree Court, Lyndhurst on 8 August 2023.

                                                                                                                

 

1.         Members of the Licensing Sub-Committee

 

            Councillor Steve Clarke (Chairman)

            Councillor Philip Dowd

            Councillor Neil Tungate

                                                                                                                

 

2.         Parties and their Representatives attending the Hearing

 

 

Applicants: 

Mr Shadeq Mannan – Applicant.

 

Mr Philip Day – Lacey’s Solicitor, representing.

 

Objectors:

 

Ms Sarah Meidlinger – local resident.

 

 

3.         Other Persons attending the Hearing

 

           

            Council Officers:

 

Ms Christa Ferguson - Licensing Manager.

 

Mr John Davidson – Solicitor, observing.

 

Councillors:

 

Colm McCarthy – observing.

 

Members of the Public:

 

Ms Sarah Chowdhury – observing.

 

Mr Adrian Foley – observing.

 

 

           

                                                                                                 

 

 

4.         Officers attending to assist the Sub-Committee

           

            Richard Davies – Legal Advisor

 

            Joe Tyler – Democratic Services Officer.

 

                                                                                                                

 

 

 

5.         Absence of Parties

 

At the outset of the hearing, it was noted by the Sub-Committee that the following two members of the public that submitted representations were absent:

 

Ms Jessica Hill

Ms Lily Tiller

 

The Sub-Committee agreed that the hearing could proceed in their absence.

 

6.         The Chairman explained the procedure for the hearing which all parties agreed to. The Legal Advisor then explained the reason for the hearing.

 

7.         Decision of the Sub-Committee

 

The purpose of the hearing was to determine an application to vary a premises licence for India Cottage, 35 Christchurch Road, Ringwood, BH24 1DG, made under section 34 of the Licensing Act 2003. The Sub-Committee decided to grant the variation as applied for.

 

  

8.         Reasons for the Decision

 

The hearing was to determine an application to vary a premises licence for India Cottage, 35 Christchurch Road, Ringwood, BH24 1DG, made under section 34 of the Licensing Act 2003. The premises is an Indian Restaurant operated under a premises licence (number 713) granted by the New Forest District Council’s licensing authority, for the sale of alcohol and regulated entertainment (the licence first came into force on 24 November 2005 and was subject to variation on 2 April 2021). The application sought permission to vary the licence to amend the external licensed area of the premises. The applicant stated that the proposed total external licensed area would not significantly change, as the area proposed to be removed is of a similar size to the proposed new addition.

 

The Sub-Committee considered the application along with the evidence, both written and oral, supplied by the Applicant, their legal representative and all those who had made relevant representations and attended the meeting.

 

In reaching its decision, the Sub-Committee also had regard to:

 

·     The Home Office Guidance issued under section 182 of the Licensing Act 2003,

·     The Council's own Statement of Licensing Policy,

·     The steps that are appropriate to promote the licensing objectives,

·     Relevant representations presented by all parties.

 

The Sub-Committee noted correspondence received after the main agenda pack was circulated, from Mr Philip Day. The documents included: responses to representations received, a menu for the premises, a wine list and photographs of the surrounding area.

 

The Sub-Committee found there was insufficient material evidence presented in either the written information or the oral representations  ...  view the full minutes text for item 3.