Agenda and minutes

There were no apologies for absence.

The Chair will consider the admission of any late reports, related to item 5 and 6 below, which will be considered under that agenda item.  It being a special meeting of the Sub Committee, under Part Four, Section B, Paragraph 17, of the Council’s Constitution, no other business shall be considered at the meeting.

None received.

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.

There were no declarations of interest.

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

Noted.

To consider an application to allow the sale of alcohol, late night refreshment and regulated entertainment at the above premises.

The Special Licensing Sub Committee (the Committee) were asked to consider an application to allow the sale of alcohol, late night refreshment and regulated entertainment at the above premises.

The Licensing Officer presented the report and outlined purpose and recommendations.  She explained the background detailed at point 5.1 and the details of the application being sought under a new Premises Licence at points 5.2 -5.6.  The conditions attached to the current licence were detailed on page 13 of the agenda. 

The licensing officer went onto explain the relevant representations received from the Noise Team, Fire Officer and interested parties.  The representations from Health and Safety had been withdrawn as their issues were now covered under fire safety.  The noise team had made recommendations on the prevention of nuisance from noise.  The Fire Officer’s representations stated that the plans submitted did not adequately show how the premises would be managed. 

An objector questioned why the Police had withdrawn their representation.  In response the licensing officer explained the Police had requested door supervisors and child protection to be in place.  The applicant had agreed to comply with this.

The Fire Officer addressed the Committee and confirmed that objections has been raised regarding the plans submitted which did not adequately show:

1. escape routes from the rooms marked for private functions.
2. the travel distance maybe excessive from those rooms to places of relative safety.
3. the Plans do not indicate the licensed areas.

The Fire Officer further explained that a risk assessment had been requested from the agent in November 2007 but this had not yet been received.  Objectors questioned the Fire Officer on the capacity of the venue which the Committee had been advised was 150 and whether it was possible to evacuate that number of persons in an emergency.  The officer responded that in order to answer the questions raised the risk assessment would need to be provided however, there were two fire exits and with the assistance of the door supervisors it may be possible to evacuate 150 people in an emergency.

The Enforcement Officer informed the Committee that 30 complaints had been received about noise since 15 April 2007, that noise nuisance had been witnessed in the past year on a number of occasions resulting in the issue of warnings, abatement notices and a final warning issued on 15 October 2007.  The Officer advised the Committee that the service would not approve the extension of time requested in the application.

The Committee enquired of the enforcement officer whether they had continued to receive complaints after the noise limiter was fitted on 8 November 2007 and in response were advised that the limiter had been set to an appropriate level however, they had continued to receive complaints about the noise.  The applicant requested that it be noted that the limiter had been requested for three months and that upon receipt it had experienced a power surge which had affected its ability to limit the noise.  The enforcement officer responded that six complaints  ...  view the full minutes text for item 5.

To consider an application to provide a licensable activity in the form of the Sale of Alcohol.

Please note that under the Council’s Constitution, Part 4, Section B, Paragraph 17 no other business shall be considered.

The Special Licensing Sub Committee A was asked to consider an application by Pleasure-time Ltd to provide a licensable activity in the form of the sale of alcohol.

The Licensing Officer presented the report and outlined the purpose and recommendations.  The Officer gave a brief outline of the background to the application as detailed in points 5.1 – 5.6 of the report.  At section 6.4 the Committee was informed that the Planning Officer had made comments on this application in relation to Planning permission which did not allow the current 24 hours of operation.

The Licensing officer further advised the Committee that there had been a number of representations received from interested parties.   Concerns were raised in relation to the premises being used for a number of raves in 2007.

There were no questions asked of the Licensing Officer.

The Committee received representations from two local residents who were concerned about anti-social behaviour in Bruce Grove and that the sale of alcohol available for longer hours would make matters worse.  Bruce Grove was a predominantly residential area and there had recently been a number of incidents of loud music, urinating and leaving rubbish in the streets, drunkenness and anti-social behaviour.   Further concern was raised regarding the admittance of non-members to the club and the posting of advertisements outside the club offering drinks at £1.50. 

The Licensing Officer clarified for the benefit of the Committee that the licence at the premises was a Premises Licence and not a Club Premises Licence.  The Licence was converted but not to a strict members only Club Licence.

The applicant’s representative address the Committee and informed Members that the Edge Club had been owned and operated by the applicant for ten years.  The opening hours of the club were for 24 hours.  A meeting had taken place with the local police to discuss an application for a 24 hours alcohol licence and that on their advice it was appropriate to apply for a licence until 3:00am.  Club Members attended the Edge Club until the early hours of the morning but were restricted to buying drinks until 10:00pm.

The legal officer questioned the applicant in relation to illegal raves during the summer of 2007.  In response the applicant stated he was not aware of a rave during the summer 2007, however there was an incident in December 2006, whilst he was abroad on holiday.  The temporary manager, in the owners absence, allowed a rave to take place in the car park.  Such incidents had not happened since.  The applicant was asked to clarify the issue of the posters and in response advised that the club had 1040 members, the posters were billed for those members who had not attended the club for the last twelve months.  One of the day managers had thought it was a good idea and considered it would be a cheap way to invite members back to the club.

The licensing officer informed the Committee that the Authority was aware of the  ...  view the full minutes text for item 6.