(Penshurst, Fordcombe and Chiddingstone)

The Hearing gave consideration to a report by the Chief Officer Environmental and Operational Services giving details of an application for a premises licence under the Licensing Act 2003. It was noted that objections had been received and accordingly the application had been referred to the Sub-Committee for determination.

The Hearing heard from the applicant’s representative who advised that renovations including sound proofing would take place to the clubhouse. He advised that on consideration of the objections raised by the objectors, the applicant was amending the application which had been included in the tabled supplementary agenda. Licensable activities would finish at 23:00 hours Sundays to Thursdays and the public would leave by 23:30 hours. On Fridays, Saturdays, Bank Holiday Sundays and New Year’s Eve for sales of alcohol and late night refreshment to be until 00:00 and the premises to be closed at 00:30.

Conditions had also been discussed with Environmental Health and additional information including a noise management plan had also been submitted. To use the clubhouse the applicant’s representative informed the hearing that events had to be pre-booked by Members of the British Cycling Association and the clientele they were aiming for was families.

In response to questions the applicant’s representative responded that the site had planning permission for 24 hours use and that traffic concerns had been addressed within the noise management plan. The applicant was not aware of the problems surrounding the previous ownership of the site until it had been purchased but he was aware the site previously had un regulated activities and by applying for a premises licence controls were in place to address the concerns of neighbours. The applicant’s representative confirmed that Treetops could only be used by Members of the British Cycling Association and their guests only.

At the discretion of the Chairman he allowed the objectors to ask questions of the applicants.

The Hearing heard from the objectors who raised concerns that the site was not suitable for a premises license due to public safety concerns. Concerns were also raised with the planning permission of the site. Even though hours had been shortened with conditions some of the objectors believed it was still excessive and there were no details about the number of pre-booked  events at the clubhouse. Other objectors raised concerns that the setting was in an Area of Outstanding Natural Beauty and additional traffic would cause disturbance to the area, as well as light pollution. Concerns were raised at how the site had been previously used.

In response to further questions of the applicants the applicant’s representative advised that staff would work shifts and therefore not all staff would be on site at one time. The only location where alcohol consumption off the site was permitted would be in the area behind the clubhouse which was the designated smoking area.

At 11.55 a.m. the Chairman allowed for a short adjournment.

At 12.05 p.m. the hearing reconvened.

In summing up the applicant’s representative reiterated that the site had been separated and sold. The owner of the adjoining land, although a stakeholder had no rights in the operation of the Treetops Premises. Mr. Cornwell wanted to improve the safety of the site and following a visit from the Environmental Health Officer and the Health and Safety Officer last week, who advised that their previous safety concerns could be adequately dealt with under alterative legislations. He advised that the cliental they were trying to attract were different to the previous users of the site and the clubhouse would be an enhanced facility similar to a golf club. The lighting effect would be minimal not to cause an impact and that no concerns had been raised by the Police or against protecting children from harm.

At 12.15 p.m. the Hearing Members withdrew to consider the issues raised, with the Council’s Legal Advisor and Assistant Democratic Officer in attendance.

At 1.20 p.m. the Hearing Members, Council’s legal Advisory and Assistant Democratic Services Officer returned to the Council Chamber.

The Chairman informed the Hearing that the Sub-Committee had had regard to the representations made by the Applicant and interest parties and the Licensing Act 2003, Secretary of State’s Amended Guidance issued under Section 182 of the Act and the Council’s Statement of Licensing Policy under the Licensing Act 2003. The Sub Committee was satisfied that granting the application subject to conditions were appropriate to address potential undermining of the licensing objective of preventing public nuisance.

It was therefore unanimously,

Resolved: That a Premises Licence in respect of Treetops, Grove Road, Penshurst, Kent. TN11 8DU, subject to mandatory conditions and additional conditions contained in the notice of determination attached as an appendix to these minutes, be granted.