Agenda item

DETAILS OF DECISION TAKEN:

In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following sections of the Licensing Policy were relevant:

 

·         Section 4: (Fundamental Principles)

·         Section 12.2: 12.2.1 – 12.2.14 (Prevention of Crime and Disorder)

·         Section 12.3: 12.3.1 – 12.3.6 (Public Safety)

·         Section 12.4: 12.4.1 – 12.4.6 (Prevention of Public Nuisance)

·         Section 12.5: 12.5.1 – 12.5.14 (Protection of Children from Harm)

·         Section 13 (Licence Conditions)

 

The following sections of the Guidance issued in April 2018 by the Secretary of State under Section 182 of the Licensing Act 2003 were relevant:

 

·         Paragraphs 2.1 – 2.6 – Crime and Disorder

·         Paragraphs 2.7 – 2.9 – Public Safety

·         Paragraphs 2.15 – 2.21 – Public Nuisance

·         Paragraphs 2.22 – 2.31 – Protection of Children from Harm

 

The Sub-Committee received a report from the Licensing Officer who stated that the Sub-Committee had been convened to consider an application for a new club premises certificate at Shalford Cricket Club.  The premises was a sports pavilion and cricket pitch.  The application proposed to carry out the following licensable activities:

 

1.    The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club;

2.    The sale by retail of alcohol by or on behalf of a club to a guest of a member of a club for consumption on the premises where the sale takes place.

 

The Sub-Committee noted that the cricket club was located off Horsham Road and residential properties were located nearby.  Nine other commercial premises were in the vicinity that sold alcohol.  The cricket club had been established in 1864.  The proposed hours of operation for the supply of alcohol were 16:00 – 23:00 Monday – Friday and 10:00 – 23:00 Saturday – Sunday.  The following four additional conditions had been proposed in order to promote the four licensing objectives:

 

1.    The bar will be used by the cricket club and not promoted for general use by the public.

2.    All alcohol will be securely and discreetly stored whilst the pavilion is not in use.

3.    The club will enforce a Challenge 21 policy for the sale and supply of alcohol.

4.    Conditions laid out in the club rules must be adhered to at all times whilst licensing activities are taking place. 

 

Surrey Police had also agreed with the applicant an additional condition in relation to the use of plastic as opposed to glassware:

 

1.      Plastic receptacles will be used for drinks taken away from the pavilion area indicated on the premises plan submitted on 28 January 2020. 

 

A total of four additional representations had been received from other persons including Shalford Parish Council with regards to potential crime and disorder, public nuisance, concerns over public safety and potential harm to children. 

 

The Sub-Committee noted the following submissions made by the applicant Mr Alastair Lidster (Chairman of Shalford Cricket Club) and Mr David Shilcock (Shalford Cricket Club Member):

 

·        The cricket club was made up of 35 members who were all ex-county cricket players, or were currently playing cricket.  The cricket club had been part of the village since 1864. 

·        The cricket club offered a small social function to the village.  The cricket club was an example of good community spirit that supported Guildford’s Corporate Plan. 

·        Neighbouring clubs had bar facilities and Shalford Cricket Club needed a bar in order to attract more members and generate an ongoing revenue stream.

·        The costs of running the club were increasing such as having to employ groundsmen, refurbishing nets for the colts and buy covers so that games could still be held in inclement weather.

·        It was unlikely that the club would use the full range of hours throughout the year.  However, there may be one or two occasions in a season when a mid-week match was held, and they were unlikely to play games late into the night.  It was however advantageous to the club to have the full range of hours at their disposal.

·        The cricket club was run responsibly.  The application for a new club premises certificate would not result in an increase in traffic or place undue pressure on parking as they would be selling alcohol to guests who would be in attendance anyhow. 

·        The club did not intend to hold parties or sing.  The bar was purely for the members to have a quiet drink after a cricket match.

·        The club did regular litter pick-ups both before and after cricket games as well as paying the Council to pick up the club’s bins and recycle where possible.    

·         In terms of security, the alcohol would be secured safely with a large beam placed across the door.  A security light was also activated when someone approached the pavilion. 

·        A Safeguarding Officer who had club mark status currently sat on the Shalford Cricket Club Committee.

·        The club would ensure that alcohol was not sold to anyone under the age of 18. 

·        The club had requested that people attending a cricket match were allowed to bring their drinks outside with them within the boundary shown on the map submitted as part of the application. 

·        The club aspired to providing a better equipped pavilion for the winter committee meetings.

·        Additional revenue was needed as the club was losing approx. £2,700 per year. 

·        The cricket club would not devalue the price of property in the local area. 

·         With regard to concerns raised in relation to cars and noise, no complaints had been made to the Cricket Club which operated respectfully and was part of the village community.

      There were 1 or 2 days during the cricket season where the club may need to be open for all day games, which start at 11am.

 

 

The Sub-Committee queried why there were so few members of the cricket club. 

 

The applicant confirmed that the club had recruited an additional five members, taking the total to forty members overall.  Every club needed a source of revenue and one way to achieve that was by having a bar.  All guests would benefit from the option of having a drink or soft drink after a cricket game.  The premises licence would provide a better social environment overall.  The loss of £2,700 per year was a challenge for the club when their reserve monies were dwindling.  In three years-time, at the current rate of expenditure, with associated costs of a new lawnmower and the need to have two teams to run x20 cults, it was anticipated that there would be no cricket club.  It was also re-confirmed that they wanted the wide range of hours to provide flexibility in operation for the club.  Big events held at the club would be rare but maybe every 5-6 years.  In addition, they would consider hiring out the venue to members for private functions. 

 

Surrey Police Licensing Officers in attendance at the hearing confirmed that they were happy with the provision of plastic cups as opposed to glasses for use outside of the cricket club pavilion and a condition had been included to that effect.  The Sub-Committee noted that paper cups would be even better for the environment. 

 

The Sub-Committee invited Councillor Sempwell to make his submission on behalf of Shalford Parish Council who stated the following:

 

·        He was speaking on behalf of the residents who had written to the Licensing Authority with their concerns in relation to this application but were unable to attend this sub-committee. 

·        Largely, most residents were supportive of the application but were concerned regarding the hours of operation of the bar and associated activities. 

 

The Sub-Committee invited the applicant to sum up who stated the following:

 

·        The maximum flexibility allowed by the hours of operation as applied for would be extremely helpful to the cricket club.  The club would manage the certificate for the premises, if granted, responsibly.  A very small number of objections had been received from residents in the village.  The cricket club did not want to take away trade from local pubs and in fact they frequently worked in partnership with pubs who gave the club umbrellas when needed. 

 

The Licensing Officer confirmed for the Sub-Committee that they must consider the application for a Club Premises Certificate on its merits. 

 

Having considered the submissions made by the applicant, Surrey Police and Shalford Parish Council, the Sub-Committee:

 

RESOLVED to grant the Club Premises Certificate for Shalford Cricket Club Pavilion, Horsham Road, Shalford, Guildford, GU4 8DG but to alter the proposed hours as shown in the table below:

 

 

 

 

 

 

Activities	Mon	Tues	Wed	Thurs	Fri	Sat	Sun
(1)  Supply of alcohol
On Premises	16:00 – 22:30	16:00 – 22:30	16:00 – 22:30	16:00 – 22:30	16:00 – 23:00	11:00 – 23:00	11:00 – 23:00
(2)  The sale by retail of alcohol by on behalf of a club to the guest of a member of a club for consumption on the premises where the sale takes place
On Premises	16:00 – 22:30	16:00 – 22:30	16:00 – 22:30	16:00 – 22:30	16:00 – 23:00	11:00 – 23:00	11:00 – 23:00
(3)  Times premises are open
	16:00 – 22:30	16:00 – 22:30	16:00 – 22:30	16:00 – 22:30	16:00 – 23:00	11:00 – 23:00	11:00 – 23:00

 

The application was also subject to the following additional five conditions, including the condition recommended by Surrey Police:

 

1.    The bar must be used by the cricket club only, and not promoted for general use by the public.

2.    All alcohol must be securely and discreetly stored whilst the pavilion is not in use.

3.    The club must enforce a Challenge 21 policy for the sale and supply of alcohol.

4.    Conditions laid out in the club rules must be adhered to at all times whilst licensing activities are taking place. 

5.    Plastic receptacles must be used for drinks taken away from the pavilion area indicated on the premises plan submitted on 28 January 2020. 

 

The following mandatory conditions are also applied to the club premises certificate:

 

Mandatory condition - Irresponsible promotions

1.   The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

2.   In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

a.  games or other activities which require or encourage, or are designed to require or encourage, individuals to—

                                          i.    drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

                                         ii.    drink as much alcohol as possible (whether within a time limit or otherwise);

b.   provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

c.   provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

d.   selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

e.  dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

 

Mandatory condition - Free potable water

The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

Mandatory condition - Age verification policy

1.   The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

2.   The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

3.   The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

a.  a holographic mark, or

b.   an ultraviolet feature.

 

Mandatory condition - Smaller measures

The responsible person must ensure that—

a)    where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

                             i.    beer or cider: ½ pint;

                           ii.    gin, rum, vodka or whisky: 25 ml or 35 ml; and

                          iii.    still wine in a glass: 125 ml;

b)    these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

c)    where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”

 

Mandatory condition - Permitted price for alcohol

1.   A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

2.   For the purposes of the condition set out in paragraph 1—
a)  “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
b)  “permitted price” is the price found by applying the formula—

P = D + (D x V)
where—

                                i.    P is the permitted price,

                               ii.    D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

                              iii.    V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

c)    “relevant person” means, in relation to premises in respect of which there is in force a premises licence—

                                i.    the holder of the premises licence,

                               ii.    the designated premises supervisor (if any) in respect of such a licence, or

                              iii.    the personal licence holder who makes or authorises a supply of alcohol under such a licence;

a)    “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

b)    “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

1.   Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

2.   (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.
(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

Reason for Decision:

In reaching their decision to grant the application, the Sub-Committee considered both written and oral representations from the applicant and objectors.

 

The Sub-Committee was mindful of the concern that the application had caused to some of the local residents in terms of the potential for public nuisance, crime and disorder and harm to children, as well as concerns for public safety and was sympathetic to their concerns.  The Sub-Committee also noted that under the terms of the club premises certificate, the club would not be open to members of the public and would only serve members or guests of members. The Sub-Committee were satisfied that this would reduce the risk of the licensing objectives being contravened. On that basis, the Sub-Committee agreed that the proposed hours were reduced on Monday to Thursday so that the premises was only open until 22:00 as opposed to 23:00.  The hours of operation proposed on a Friday remained as 16:00 – 23:00.  The hours of operation had also been reduced on Saturday and Sunday so that the cricket club could only open from 11:00 and not 10:00 as proposed in the application.  The closure time of 23:00 was deemed as reasonable by the Sub-Committee and would enable the cricket club to obtain the additional funds necessary to secure its financial future. The alteration to the opening and closing hours were considered appropriate to further minimise the risk of a public nuisance being caused when the premises was opening or closing, and the earlier closing time would effectively deal with concerns relating to crime and disorder. 

 

The Sub-Committee accepted the applicant’s statement that they were not intending to utilise the full range of opening hours and that it would provide some flexibility to the club’s overall running capabilities.  The main customers would be the members of the club who wished to enjoy a quiet drink after a cricket game.  The club had been an integral part of Shalford’s village community, and the club aspired to make a better offering to its residents in the future.  The Sub-Committee was satisfied that should a public nuisance be caused that was directly associated with the sale of alcohol from Shalford Cricket Club, a review of the licence could be called for. 

 

The Sub-Committee were satisfied that having a Safeguarding Officer, and the club having a Club Mark accreditation, were sufficient to allay any concerns about the safeguarding of children.