(Sevenoaks Town & St John’s)

The Chairman welcomed everyone to the meeting.

The Hearing gave consideration to the report by the Licensing Officer giving details of an application for a variation to a premises license under the Licensing Act 2003.

The applicant and his company partner were in attendance and he summarised the company’s first year as a business in the St John’s Hill area of Sevenoaks, helping bring customers to the Bat & Ball area. They explained that the restaurant had engaged in two live events, both controlled by temporary event notices, which drew no complaints from nearby residents. The applicant advised that the terraced area outside would be for up to 60 people, with an outside bar manned at all times.

After the applicant explained that the entrance from the road would be closed to keep noise levels for residents low, Members questioned how access would be gained. He confirmed that this would be through the restaurant itself, down some steps and into the terraced area. Disabled access would be through the street beside the restaurant, which would be fenced off.

Members questioned how often the restaurant would screen films and what type of film would be shown. The applicant confirmed films could be shown once or twice a year and that family films, James Bond or similar films, would be shown.

Environmental Health confirmed that the noise impact, especially during summer months, was detrimental to the properties that overlooked the back of the restaurant. They explained that noise could come from various sources that included noise from customers outside and from staff both during working hours and whilst packing away after the restaurant had shut.

A local resident from an adjacent flat objected to the application and raised concern about the noise being from 11am to 11pm on six days of the week, sometimes until midnight due to staff clearing up.

The Chairman moved, and it was

Resolved: That under section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting when considering noise recordings submitted by the Environmental Health Officer, on the grounds that likely disclosure of exempt information is involved, as defined in Schedule 12A: paragraph 1 – Information relating to any individual.

The Hearing was played noise recordings collected by Environmental Health from the objector’s property.

The Chairman moved and it was

Resolved: That the public and press no longer be excluded from the Hearing.

Members invited the applicant to explain whether an earlier finish to the licensable activities was reasonable. The applicant agreed and explained that he wanted to come to a decision that suited all interested parties, which included a change of route from the restaurant to the terrace to encompass where the smoker is inside the kitchen area instead of through the street, which would affect neighbouring properties. The applicant also offered to restrict the use of the terrace to Thursdays, Fridays, Saturdays and Sundays and to stop the music on the terrace at 9 p.m., except on the occasions when there was live music.

At 11.38 a.m., the Hearing Panel Members withdrew to consider the issues raised, accompanied by the Council’s Legal Advisor and Clerk to the Hearing for the purpose of providing advice only.

At 12.06 p.m. the Hearing Panel Members, Council’s Legal Advisor and Clerk to the Hearing returned to the Chamber.

The Chairman informed the Hearing that the Sub-Committee had had regard to the representations made by the Applicant and objector, the Licensing objectives, the Statutory Guidance issued under Section 182 of the Act and the Council’s Statement of Licensing Policy and was therefore granting the application subject to additional conditions outlined in the Notice of Determination.

Resolved: That a Variation to a Premises Licence in respect of Brisket & Barrel, 123 St John’s Hill, Sevenoaks, Kent TN13 3PE subject to mandatory conditions and additional conditions contained in the notice of determination attached as an appendix to these minutes, be granted.