Agenda and minutes

There were no apologies for absence.

The Chair will consider the admission of any late items of urgent business.  (Late items will be considered under the agenda item where they appear.  New items will be dealt with at item 8 below).

There were no items of urgent business.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at he commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

None received.

To approve the minutes of the previous meeting of the Licensing Sub Committee C held on 16 December 2008.

RESOLVED

That the minutes of the Licensing Sub Committee meeting held on 16 December 2008 be approved.

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003 or the Gambling Act 2005.  A copy of the procedure is attached.

Noted.

To consider an application to allow for the provision of regulated entertainment and sale by retail of alcohol at the above premises.

The Licensing Officer, Ms Barrett, presented the application by Mr Paul Gonsalves, for a license to allow for the provision of regulated entertainment and sale by retail of alcohol at the above premises.  The Committee was advised by the licensing officer, that the Police had made representations, under the Prevention of Crime and Disorder objective, that due to the later hours applied for it was felt that a digital CCTV system should be installed at the premises.  The system should be capable of recording for 28 days and should be able to take digital images of people entering the premises.  The recordings must be made available to Police officers and the Local Authority on request.  This request had been agreed by the applicant.  Representations had also been received from the Noise Team and Mr Pearce was in attendance to present recommendations.  Further representations had also been submitted on behalf of local residents on the grounds of noise problems, anti-social behaviour from people within the vicinity on a daily basis.

The Committee enquired whether it was normal to extend hours on Bank Holiday weekends and in response was advised that it was normal practice for applicants to make this request.

Mr Pearce, representative from the Noise Team addressed the Committee and requested that if the application were to be granted for recorded and live music then they would want to see conditions in place so residents would not be affected.  The conditions outlined in the report, if adhered to would reduce the likelihood of residents being affected by noise.  The officer outlined those conditions on page 30-31 of the report which were suggested should be considered. 

The Committee enquired of the Noise officer, whether there had been any complaints received by residents and were advised there were none. 

The applicant’s representative informed the Committee that the application was for a new premises licence with the same conditions as on the current licence with the exception that the one hour extension on a Monday Bank Holiday would now not be required and would accept a variation to the application. 

The Committee was further informed that the applicant already had a personal Licence,  was a qualified as a door supervisor and intended to live on the premises.  The applicant had proposed to employ a bar supervisor who would also have a personal licence. 

The applicant’s representative further addressed the comments raised by local residents, who raised objections regarding the extension of operating hours.  It was pointed out to the Committee that the applicant had applied for the current operating hours.   The Committee was reassured by the applicant’s representative that there was no evidence of notices being issued to the premises and that the applicant intended to keep all the doors/windows shut during licensable activities as a new ventilation system had been installed.  A sound system would also be installed as advised by the Noise Team and the recommendation advised by Mr Pearce would be complied with.

The Committee enquired of the applicant whether  ...  view the full minutes text for item 24.

To consider an application to allow extended hours for the provision of regulated entertainment and sale by retail of alcohol at the above premises.

The Licensing Officer, Ms Barrett, presented the application and advised that this was a variation application to allow extended hours for provision of regulated entertainment and sale by retail of alcohol at the above premises.  Ms Barrett also advised that the premises would continue to observe the existing conditions on the premises licence operating schedule during the extended hours as amended by this application.  Ms Barrett further advised the Committee that the Noise Team had made representations and would like to make amendments to their report.  Further representations had also been received from local residents who objected to the extended hours due to noise nuisance coming from the premises, rowdy behaviour and fighting of patrons.

Mr Pearce, the Noise Team representative addressed the Committee and advised that the requested operating hours were inappropriate due to the close proximity of residential dwellings.  He outlined those conditions recommended in his report which could prevent nuisance to residents, given that complaints had been received but not in the recent past.

A local resident voiced concerns regarding past events that there had been noise nuisance until 1:00am however, more recently the doors had been kept shut and this seemed to work.  It was reiterated to the Committee that if this could be continued there would be no concerns.

The applicant’s representative addressed the Committee and advised that this application requested earlier operating hours from 10:00am.   The premises were taken over in November 2008, from the previous owner and since then no issues related to noise nuisance had been received.  Given that there had been live music events since November 2008, the application for regulated live entertainment could be contained as recommended in the conditions suggested by the Noise Team representative.

In response to questions raised by the Committee the applicant’s representative explained that the extended hours were to enable flexibility for the provision of regulated entertainment as it was proposed that live music would not always finish at the end time.  The applicant was agreeable to live music ending at least one hour prior to the close of business. 

The Licensing officer clarified to the Committee that the applicant had not requested that the condition relating to door supervisors be removed from the application.  However, the previous Committee had not provided times for the condition.

The Legal officer requested clarification on the use of the back outdoor area and in response was advised that is was a small area enclosed by walls and was a better area to contain people who wished to smoke and who could only gain access to the area from inside the pub.

RESOLVED

That the Licensing Sub Committee decided to grant the application subject to the mandatory, the conditions in the operating schedule of the existing licence and the following additional conditions:

1. The new hours shall be as applied for with the exception of live music which shall be:

Sunday to Monday    10:00 to 23:00

Friday and Saturday 10:00 to 24:00

2. All doors and windows will remain closed during  ...  view the full minutes text for item 25.

To consider any new items of urgent business admitted under item 2 above.

There were no new items of urgent business.

The meeting concluded at 09:15pm.