Agendas, Minutes and Reports

6

North Somerset Council

REPORT TO THE : Licensing sub committee

Date of Meeting: 9^th september 2005

Subject of Report: Application to convert and vary existing certificate to club premises certificate for lodway cricket club, 50 ham green, pill, bs20 ohb

Town or parish: pill/easton in gordano

Officer/Member presenting: Jane Day

Key Decision: n

RECOMMENDATIONS

That the sub committee grants the application to convert the existing certificate into a Club Premises Certificate and to determine the application to vary the Club Premises Certificate.[J1]

1. Summary of Report

1.1 An application (Copy attached at Annex A) [J2] has been received for the conversion and variation of a current Club Registration Certificate to a Club Premises Certificate under the Licensing Act 2003 in respect of Lodway Cricket Club, 50 Ham Green, Pill, BS20 OHB

2. Policy

N/A [J3]

3. Details

3.1 An application has been received for the conversion and variation of a current Club Registration Certificate ( Copy of certificate attached at Annex B) in respect of the Lodway Cricket Club, 50 Ham Green, Pill, BS20 OHB.

3.2 The current Club Registration Certificate allows the premises to sell and supply alcohol for consumption on the premises to club members and their guests between the following hours :

Monday to Saturday 11:00 – 23:00

Sunday 12:00 – 22:30

New Years Eve 11:00 – 24:00

New Years Day 00:00 – 23:00

Christmas Day 12:00 – 15:00

3.3 The variations applied for are :

[J4]

1) To supply alcohol On and Off the Premises, between the following hours :

Monday -Thursday 11:00 – 00:00

Friday - Sunday 11:00 – 01:00

Bank ,Public Holidays and Christmas Eve til 01:00

2) To provide regulated entertainment indoors ( as outlined in section E,F,H and J of Part b of the application form) between the following hours :

Monday – Thursday 11:00 – 23:00 (for all regulated entertainment as specified above)

Friday – Sunday 11:00 – 00:00 (for all regulated entertainment as specified above)

3.4 A site plan is attached at Annex C.

3.5 The Licensing Act 2003 (Section 4) states that it is the duty of all Licensing Authorities to carry out their functions under the Act with a view to promoting the licensing objectives. The licensing objectives are :

a) The Prevention of Crime and Disorder.

b) Public Safety.

c) The Prevention of Public Nuisance, and

d) The Protection of Children from Harm.

Each objective is of equal importance; there are no other licensing objectives so these four are of paramount consideration at all times. When considering applications/representations/notifications the Licensing Authority will have regard to these licensing objectives.

3.6 The Licensing Authority must grant the application for a conversion of an existing licence unless the police object (Statutory Guidance 13.21).

3.7 A person or business that makes an application for the conversion of an existing licence may at the same time apply for a variation of the newly converted premises licence under Section 34 of the Licensing Act 2003 as if that converted licence is in force.

3.8 The Licensing Authority may vary and grant the application with or without additional conditions.

3.9 The Licensing Authority can refuse the variation or part of the variation, as it considers necessary for the promotion of the licensing objectives.

3.10 The Licensing Authority may not however do anything to reduce the affect of the rights guaranteed under the first part of the application to convert the existing licence to a new premises licence. So for example it could not reduce the hours of trading less than the permitted hours under the Licensing Act 1964.

3.11 The Licensing Authority should also have regard to the Council’s Licensing Policy, the Statutory Guidance issued under section 182 of the Licensing Act 2003, and the Licensing Act itself.

3.12 If the application is refused the applicant may appeal within 21 days of the notification to the Magistrates Court.

If the application is granted the person making the relevant representation may appeal within 21 days of the notification to the Magistrates Court.

On appeal the court may either dismiss the appeal; substitute the decision appealed against for any other decision which could have been made by the Licensing Authority, or remit the case to the Licensing Authority to dispose of it in accordance with the direction of the Court. The Court may make such order for costs, as it thinks fit.

REPRESENTATIONS

The Prevention of Public Nuisance

3.13 Relevant representations have been received which relate to the Prevention of Public Nuisance from Environmental Protection. (See Annex D). There is concern from the Environmental Protection team that the nature of the application is such that nuisance may occur due to noise from entertainment and from persons leaving the premises due to the close proximity of residential properties. Over the last three years Environmental Protection have received a number of noise complaints from the local residents whilst functions have been occurring. The control measures contained in the operating schedule are insufficient to promote the licensing objective and prevent a public nuisance.

The Prevention of Crime and Disorder

3.14 In considering any police representation, the jurisdiction of the Licensing Authority is restricted to considerations relating to the Crime Prevention objective and it has no discretion outside of that issue (Statutory Guidance 13.20)

3.15 No police objection has been received in this case.

Public Safety

3.16 No objection has been received in respect of this objective.

The Protection of Children from Harm

3.17 No objection has been received in respect of this objective.

4. Consultation

4.1 In accordance with the requirements of the Act the applicant served copies of the application upon the police, the fire authority, environmental health (health and safety team, environmental protection team), development control, child protection team and trading standards.[J5] ?A

4.2 The applicant is required to place a notice at the premises for a period of 28 days starting with the day after the application is made and to display an advertisement in a newspaper circulating in the locality of the premise to which the application relates.

5. Financial Implications

N/A

6. Equality Implications

N/A [J6]

7. Corporate Implications

N/A [J7]

8. Options considered

N/A [J8]

Author

Jane Day

Licensing Team

01934 634528

e mail : jane.day@n-somerset.gov.uk [J9]

Background Papers

Licensing Act 2003.

Guidance to the Licensing Act issued under section 182 of the ‘Act’.

Licensing Act Regulations.

Statement of Licensing Policy for North Somerset Council.

[J10]