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The Licensing Sub-Committee had been asked to
consider an application for a new premises licence for the premises
known as The Bistro,
27 Clayland Corner, Stogursey, Somerset following objections
from the Parish Council
 
The Sub-Committee had considered all of the evidence presented by the Applicant and
Objectors both in person and in writing. The Sub-Committee’s
decision was made in accordance with the Council’s Statement
of Licensing Policy, the Secretary of State’s Guidance and
current case law. The Sub-Committee was advised that the Applicant
had accepted conditions proposed by the Police and therefore there
was no objection from them.
 
DECISION
 
It was apparent to the Sub-Committee that
there was no overwhelming objection to the application for a
premises licence in principle, however the terms of that licence
were the concern.
 
The Sub-Committee recognised that this was a
well-prepared application with a comprehensive operating schedule,
which comprehensively supports and promotes the licensing
objectives.
 
The question of the need for the premises and
issues over bus provision and lack of footpath or streetlights do
not in themselves fall within the remit of the Licensing
Sub-Committee. It is the duty of the Licensing Authority to
consider each application on its merits irrespective of the needs
or demands for a licensed premises in the locality.
The issue that remained was that of the
licensed hours for the sale of alcohol. The Parish Council had
brought to the Sub-Committee’s attention the planning consent
of 14 June 2023 which restricted the trading hours of the premises
by way of a terminal hour of 4.00pm, with the
exception of 12 private functions. Planning and Licensing
are separate regulatory codes with their own enforcement regimes
and therefore whilst the decision reached by the planning committee
may influence the licensing decision making process it was not
bound to follow its lead.  
The application was primarily for alcohol to
be available to compliment food not as an alternative pub. The
Operating Schedule made clear that all alcohol sales would be
ancillary to the purchase of food and shall be sold by table
service only.
 
The Applicant had explained that the
application for the hours outside of those permitted by the
planning consent only apply to the additional 12 private functions
per year permitted by the planning consent. 
 
It was therefore apparent that the Parish
Council had misunderstood the terms of the application.
 
Accordingly, it was the decision of the
Sub-Committee to grant a premises licence to The Bistro, 27
Clayland Corner, Stogursey Somerset between the hours of 12.00 and
16.00, 7 days a week, together with the submitted operating
schedule and the conditions agreed with the Police.
 
For the avoidance of doubt the terms of the
licence are as follows
 
Sale and supply of alcohol
Monday – Sunday 10.00 – 16.00
 
During 12 private functions per year
Sale and supply of alcohol
12.00 – 23.00
Late night refreshment
11.00 – 23.30
The terminal hour for the 12 private events
may be extended until 00.30 where a private function is held on
Christmas Day, New Years Eve or a Bank Holiday weekend