Agenda and minutes

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at the meeting.

The meeting was filmed for broadcast on the Council’s website.

Apologies for absence were received from Cllr Peacock, for whom Cllr Demirci was substituting and from Cllr Mallett, for whom Cllr Waters was substituting.

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 deal with at item 8 below).

There were no new 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.

There were no declarations of interest.

To approve the minutes of the previous meeting of the Licensing Sub Committee A held on 4 October 2011.

This item was deferred until the next meeting of the Committee.

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

Noted.

To consider an application by the Enforcement Response Team for a review of the premises licence at Chestnuts Community Centre.

The Licensing Officer, Dale Barrett, presented the report on an application for a review of the premises licence at the Chestnuts Community Centre, 280 St Ann’s Road, which had been made by the Enforcement Response Team on the grounds that the operation of the premises had failed to uphold the licensing objective of the Prevention of Public Nuisance. Ms Barrett presented the details of the existing licence and the conditions on it. A number of representations had been received, both those in support of the review application and those in support of the premises. Ms Barrett reported that a mediation meeting had been held between the premises, local residents and the Enforcement Response Team to identify issues.

In response to a request made on behalf of the community centre that the hearing be adjourned, pending another forthcoming hearing, the Legal Officer, Mr Michael, advised that this other hearing was a prosecution for an alleged breach of a condition on the licence and was a completely separate process which would have no bearing on the current hearing. The Committee considered this issue and it was:

RESOLVED

That the current licensing review hearing should continue.

Derek Pearce, Enforcement Response, advised that the Enforcement Response Team’s representations and recommendations were set out in the report. Given the complaints received, it was advised that, were the Committee minded to permit the licence to continue, the hours should be reduced and the conditions amended to address the issues raised. The current management of the conditions on the licence had not managed to address the issues relating to noise, and warning letters and an abatement notice had been served on the premises. The Enforcement Response Team were recommending that no regulated entertainment should take place at the premises after 2300 and that the licence should be suspended until such time as all the conditions were in place to avoid noise nuisance continuing. Mr Pearce advised that there was a history of complaints in relation to the premises and gave an outline of some of the complaints made and the actions undertaken by Enforcement Response as a consequence.

Three local residents and Cllr Zena Brabazon, Ward Councillor for St Ann’s, addressed the Committee in support of the application for review, and raised the following issues:

• Music from the premises was often audible within residential properties at night and during the day at weekends and prevented residents from sleeping. This was in breach of an existing condition on the licence.
•  The fire doors were often left open in breach of an existing condition on the licence, allowing music to escape from inside, and people also stood outside, making further noise.
• Despite a condition that regular liaison meetings be held, residents were not aware of any prior to the mediation meeting, and staff were reported to have been rude and unhelpful when residents had contacted the centre to complain about noise.
• The issue was worse in summer, when windows and doors were opened at the centre, the noise from  ...  view the full minutes text for item 27.

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

There were no new items of urgent business.

The meeting closed at 00:00hrs.