The Licensing Sub-Committee of Tunbridge Wells Council is scheduled to consider an application to vary the premises licence for The Old Auction House. This meeting will focus on the details of this application and any representations made by interested parties.

Variation of Premises Licence for The Old Auction House

A significant item on the agenda is the determination of an application to vary the premises licence for The Old Auction House, located on Linden Park Road, Royal Tunbridge Wells. The application seeks to extend the permitted hours for live and recorded music, as well as the sale of alcohol and general opening hours, to 23:59 seven days a week. It also proposes the removal of two existing conditions from the licence: that alcohol for consumption on the premises is only sold to persons seated at a table, and that it is only served by waiter service.

The report pack indicates that seven relevant representations have been received from other persons during the public consultation period, which relate to the licensing objectives. No representations were received from responsible authorities. The applicant has provided responses to these representations, and conditions have been agreed with Environmental Health. The committee will need to consider the merits of the application, the representations made, the Guidance issued by the Home Office under Section 182 of the Licensing Act 2003¹, and the Council's Statement of Licensing Policy² when making their determination.

The report outlines two potential options for the committee: to grant the application for variation subject to conditions, or to reject the whole or part of the application. The preferred option is for the committee to determine the application and take steps considered necessary to promote the licensing objectives.

The Licensing Act 2003³ sets out four licensing objectives that the committee must consider: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. The report highlights that the application must be considered on its own merits and that any conditions attached to licences must be tailored to the specific premises and events.

The report also notes that the applicant, Roberto Espinoza, has stated that the proposed variation is intended to provide flexibility for occasional pre-booked events and community functions, rather than to extend the premises' normal day-to-day operation. The applicant has also stated that the premises already has a closing time of midnight, and the application seeks to align the licensable activities with these existing closing hours.

Several residents have submitted objections to the application, primarily on the grounds of preventing public nuisance. Concerns raised include increased potential for crime and disorder, prolonged noise from music and patrons, late-night anti-social behaviour, and litter. Specific issues highlighted include the building's construction making it unsuitable for amplified music, the potential for noise to travel into residential properties, and the lack of a clear wind-down period between the end of licensable activity and the premises closing. Objectors, including Ralph Lloyd-Roberts, Linda Townshend, Julia Barnes, Adam Brett, and Heather and Phillip Stokes, have expressed worries about the impact on their quality of life and ability to sleep. Jenny and Michael Selway have also objected, stating that the current noise levels are already impacting their ability to enjoy their home and that the proposed extension would make their bedroom unusable.

The applicant's responses indicate that noise levels are generally maintained at around 60 dB or below, and that from 9:00 pm, windows and doors are closed to minimise sound escape. They also state that security staff monitor customer behaviour and noise levels outside the premises. The applicant has also agreed to a documented noise management plan, regular external perimeter noise checks, and the display of notices requesting patrons to leave quietly.