Agenda item - Highway Licensing Appeal, Bottoms Rest, 16 Lower Market Street, Hove

Report of the Executive Director of Environment Development and Housing (copy attached)

4.1       The Panel considered a report of the Executive Director of Environment, Development and Housingto determine an application for a Highway Licence under The Highways Act 1980 for Bottoms Rest. This was to allow them to place tables and chairs on the public highway. In attendance from the Bottoms Rest was Mr Simon Duddington (owner).

Introduction by Licensing Officer

4.2       David Fisher, the Licensing Officer, introduced the application and informed the Panel that due to the reduction of public highway to less than 1.3m, the decision could not be determined using Officers delegated powers.

4.3       The Licensing Officer stated that the previous premises, the Conqueror, had a licence for outside furniture, however; due to the licensing legislation, the licence could not be carried over to a new owner, therefore it had to be brought to a Panel to make the decision.

4.4       It was outlined to the Panel that the pavement was half private property owned by the Bottoms Rest, however; having tables and chairs outside would only leave half a metre for pedestrians.

4.5       It was stated that the tables and chairs did not receive many complaints when the premises was the Conqueror and the Bottoms Rest would be using the same furniture, as it is tailor made to the premises.

4.6       The Licensing Officer noted that the majority of pavements in the area were less than half a metre, therefore push chairs and wheelchairs would have difficulty in the area regardless.

4.7       In response to Councillor Wares, the Licensing Officer confirmed that the premises had the outside furniture since 2007 and possibly earlier.

4.8       In response to Councillor Marsh, it was confirmed that the licence would be to cover five picnic benches and two seating benches.

Representations by the Applicant

4.9       Mr Duddington explained to the Panel that since taking over the pub in January 2014, the pub was more popular and better managed.

4.10    Mr Duddington expressed to the Panel that he believed it would be unfair to enforce the 1.3 metre law on the Bottoms Rest because the majority of the pavements in the area are shorted than 1.3 metres and Mr Duddington also confirmed that they have never received a complaint regarding the outside furniture.

4.11    Mr Duddington presented a petition to the panel that had received 290 signatures from regular customers, confirming that they believed the outside furniture should stay.

4.12    In response to Councillor Wares, Mr Duddington agreeed for a condition for be added that the furniture was to stay the same size, and not get any bigger.

4.13    Councillor Simson expressed concern that the tables and benches would be left out all night. In response to this, Mr Duddington stated occasionally someone may stop but they are moved on and added that the heaters cannot be switched on after midnight, which does not encourage people.

4.14    RESOLVED - A highways licence be granted to Mr Simon Duddington, Bottoms Rest, 16 Lower Market Street, Hove as set out in the report, and an additional condition be added that the furniture is to remain of the existing size and configuration.