LICENSING HEARING SUB-COMMITTEE 9 JUNE 2009 ITEM 01 \ APPLICATION FOR THE VARIATION OF A PREMISES LICENCE – CHICAGO ROCK CAFÉ, 5-9 SPREAD EAGLE WALK, HIGH STREET, EPSOM Report of the: Director of Operations Contact: Nicholas Tapping Urgent Decision?(yes/no) No If yes, reason urgent decision required: N/A Annexes/Appendices (attached): Annexe 1: Letter representation from Surrey Police for Annexe 2: Top 10 Premises by Incident for Surrey Annexe 3: Top 10 Premises by Incident for Epsom Annexe 4: Incidents recorded outside Chicago Rock Café for period 14/11/2008 – 15/05/2009 Annexe 5: Incidents recorded inside Chicago Rock Café for period 14/11/2008 -15/05/2009 Annexe 6: Copy of representation by Councillor Neil Dallen Annexe 7: Copy of the current Premises Licence Other available papers (not attached): Code of Conduct and Practice in Licensing Procedures and Hearings Statement of Licensing Act Policy Licensing Act 2003 Guidance Issued under Section 182 of the Licensing Act 2003 REPORT SUMMARY The Sub-Committee is asked to consider the Variation of the Premises Licence under the Licensing Act 2003. 1 2 Current Position 1.1 The premises (Chicago Rock Café, 5-9 Spread Eagle Walk, Epsom) is currently licensed for the sale of alcohol by retail and provision of regulated entertainment from 08.00 hours until 03.00 hours Monday to Sunday, and open to the public from 08:00 hours until 03:30 hours Monday to Sunday. 1.2 The premises licence has a Condition that states "no admittance or re-admittance to the Club after 01:00 hours". Application for Variation 2.1 On 22 April 2009 the Council received an application for the variation of the premises Licence. This variation was to amend condition 4 of the Licence (see Annexe 7, page 6) to read “No admittance or re-admittance to the club after 02:00 hours”. Page 1 of 2 LICENSING HEARING SUB-COMMITTEE 9 JUNE 2009 3 Representations from Interested Parties 3.1 4 5 4.1 Surrey Police have made a representation against the application to vary the premise licence under the objective of Crime and Disorder (Annexe 1). 4.2 Surrey Fire and Rescue Service have not made any representations with regard to this application. 4.3 The Planning Department has not made any representations with regard to this application. 4.4 The Environmental Health Service has not made any representations with regard to this application. 4.5 Surrey Children's Service has not a representation with regard to this application. 4.6 Trading Standards has not made any representation with regard to this application. Submissions and Evidence No additional evidence or submission has been provided by the applicant. Policy Considerations 6.1 7 A representation has been received from Councillor Neil Dallen on behalf of local residents (Annexe 6). Representations from Responsible Authorities 5.1 6 ITEM 01 The Statement of Licensing Policy was adopted by the Council on 2 November 2004, and became effective on 7 January 2005, and subsequently revised in January 2008. A copy of the Policy has been distributed to all parties. There are no Policy presumptions against the grant of the application, however, Members will need to have due regard to the representations submitted. Conclusions 7.1 The Sub-Committee is asked to determine whether or not the variation application should be granted. Ward(s) affected: Town Page 2 of 2