Agenda and minutes

To consider an application for a variation to a premises licence in respect of The Sportsman, Main Road, Elm, Wisbech, PE14 0AG.

Members considered an application for a variation to a premises licence made under the provisions of the Licensing Act 2003 in respect of The Sportsman, Elm.

The Chairman introduced the Panel and the others present were:

David Johnson, co-owner of The Sportsman

Peter Goldman, co-owner of The Sportsman

Oliver Tookman, co-owner of The Sportsman

Robert Starr, co-owner of The Sportsman

Kim Stewart, neighbour

Craig Stewart and other neighbours of the Sportsman were also present as observers.

The Licensing Manager, Michelle Bishop, outlined her report.

The Chairman invited questions relating to the report.

·         Councillor Hoy asked if a change of hours from midnight to 1.00am would affect the times of people drinking in the garden. Michelle Bishop explained it is the sale of alcohol which is the licensing activity and not the consumption. Councillor Hoy said that in theory then, people could drink until, for example, 3am as this was not a licensable activity whether alcohol was being sold or not. Michelle Bishop confirmed this to be correct unless there was a specific condition prohibiting this. 

·         Councillor Hoy asked about live music; if we rejected their application today, would The Sportsman still be able to apply for a Temporary Event Notice (TEN)? Michelle Bishop advised that they could, however only the police or Environmental Health colleagues can object to a TEN as it does not go out for formal consultation. A premise can submit 15 TENs per year over a 21-day period.  

·         Councillor Connor asked for clarity that if The Sportsman applied for a TEN it would mean residents would have no input. Michelle Bishop confirmed that was correct. He also asked it to be confirmed that they would limit their live music events to six per year finishing at 7.30pm.  Michelle Bishop agreed that was the additional condition.

·         Councillor Humphrey questioned the objections stating that many of them looked very similar and asked if there was a reason for this, and why so many were typed rather than handwritten. Michelle Bishop advised that a number of objections were received via email and agreed that many were in a similar format. She believed some form of notification was sent around the local community regarding the application.

The Chairman invited David Johnson as spokesman for The Sportsman to present the case for the application. 

David Johnson raised nine brief points in submission to support the application:

1.    The licence amendments seek only to regularise activity that has always taken place. 

2.    The management team is very experienced with over 20 years in the licensed trade. There are currently three licensed members of staff and a further two will be added next year.

3.    The owners have made a very substantial investment in the pub, having adhered to all the stringent and expensive rules and regulations of restoring a run-down Grade II listed property. Investment has ensured the viability of the pub to the benefit of the village as a whole.

4.    The variation in hours is only sought on a contingency  ...  view the full minutes text for item LH7/19