Minutes:
The Sub-Committee re-convened to deliberate in private session at 10am on Monday 23 May 2022.
DECISION
1. To GRANT the application as applied for SUBJECT TO conditions which are consistent with the operating schedule submitted by the Applicant with the licence application and any mandatory conditions which apply.
2. Firstly, the sub-committee considered the objections relating to noise and light disturbance emanating from the licensed premises. Due to the limited number of persons attending the premises at any one time, the hours during which the licensable activity will take place and the location of the nearest residential premises, the sub-committee is satisfied that there will be no material impact on any of the licensing objectives.
3. The sub-committee then considered the objections relating to the protection of children from harm. The sub-committee considered that no evidence was provided to demonstrate that children would be at risk from the licensable activities taking place at the premises. Issues relating to the safety of children using Blooms Hall Lane and the bridleway were considered separately under the public safety objective when discussing the use of the highway and bridleway to access and leave Mount Farm Vineyards.
4. When considering the objections relating to the use of the highway and bridleway, the sub-committee considered whether the granting of the licence would result in a material increase in risk to public safety and/or an unacceptable level of public nuisance. The sub-committee considered the following issues which were raised by objectors to the application:
5. Collisions between vehicles – The sub-committee acknowledged that there is a risk of accidents between vehicles and noted the cited incidents. However, the sub-committee concluded that limiting the number of visits by applying condition 3 below, and informing visitors of the nature of the access by applying condition 5 below, the sub-committee is satisfied there will be no material increase in the risk to public safety.
6. Risk to other users (horse riders, dog walkers etc.) – The sub-committee acknowledge the current risks and difficulties experienced by other uses of the highway and bridleway but concluded that limiting the number of visits by applying condition 3 below, and informing visitors of the nature of the access by applying condition 5 below, the sub-committee is satisfied there will be no material increase in the risk to public safety.
7. Limited passing places – The sub-committee note the limited number of passing places and acknowledge that vehicles will need to reverse considerable distances from time to time. However, the sub-committee felt that this was more of an inconvenience to drivers and did not pose a material public safety risk. The risk of trespass was noted but the sub-committee was satisfied that the application of conditions 3 and 5 would limit these occurrences and prepare visitors for the potential of having to reverse vehicles to allow others to pass.
8. Pollution, fumes and traffic noise – The sub-committee felt that there was little risk of any impact from pollution, fumes or noise given the small number of extra traffic generated by the licence application.
9. Variation:
The hours for the supply of alcohol and opening time are varied to 10.00 to 15.00 (Tuesday to Saturday) when Greenwich Meantime Hours are observed (October to March). Sunday times are unchanged.
Reason: This variation is made to limit the number of vehicles leaving the licensed premises after dark.
10. Condition 1
Sales of alcohol shall be restricted to products both grown and made at Mount Farm Vineyards.
Reason: To retain the nature of the premises as a “cellar door” operation and to prevent the licensed premises being operated as a public house.
11. Condition 2
Food supplied shall be ancillary to the supply of alcohol.
Reason: To preserve the nature of the premises as a “cellar door” operation and to prevent the licensed premises being operated as a public house.
12. Condition 3
Visits for the purpose of tasting and purchasing alcohol shall only be by prior appointment and shall be limited to five per day.
Reason: To enable the licensee to control the number of visitors and reduce the impact on the highway and bridleway.
13. Condition 4
All events held at the licensed premises shall be organised by the licensee and shall not be organised by or through a third party.
Reason: To enable the licensee to control the number of visitors and reduce the impact on the highway and bridleway.
14. Condition 5
When confirming appointments, advise visitors as to the nature of the highway and bridleway leading to Mount Farm Vineyards and requesting that they drive slowly and considerately and that the access is not suitable for vehicles larger than standard family cars. In particular, visitors should be advised that the highway and bridleway are frequently used by horse riders, dog walkers and other persons. Drivers should also be prepared to reverse in order to allow oncoming vehicles to pass where no passing places are available and that private drives should not be used as passing places.
15. Condition 6
No group tasting events shall be permitted or advertised.
Reason: To restrict the number of visitors attending the licensed premises at any one time.
16. Condition 7
The premises shall not be operated as a public house, bar or restaurant.
Reason: To preserve the nature of the premises as a “cellar door” operation.
REASONS
A. The Licensing Sub-Committee is satisfied based on the balance of submissions and supporting information/representations provided by the parties to the hearing that this is an appropriate and proportionate decision to promote the licensing objectives in this instance.
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Chair
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