Committee Report NSC

 

6
 
North Somerset Council

 

REPORT TO THE : Licensing sub committee

 

Date of Meeting: 26th september 2005

 

Subject of Report: Application to convert and vary existing licence to premises licence for mu mu’s & Club vision, 5 – 9 richmond street, weston-super-mare, bs23 1sy

 

Town or parish: wsm

 

Officer/Member presenting: Jane Day

 

Key Decision: n

 

 

RECOMMENDATIONS

 

That the sub committee grants the application to convert the existing licence into a Premises Licence and to determine the application to vary the Premise Licence.

 

1.                Summary of Report

 

1.1             An application (Copy attached at Annex A). has been received for the conversion and variation of a current Justices On Licence ,Supper Hours Certificate and Public Entertainment Licence to a premises Licence under the Licensing Act 2003 in respect of Mu Mu’s & Club Vision, 5 – 9 Richmond Street, Weston-super-Mare, BS23 1SY

 

2.         Policy

 

N/A

 

3.      Details

 

3.1             An application has been received for the conversion and variation of a current Justices On Licence, Supper Hours Certificate and Public Entertainment Licence (Copy of Licences attached at Annex B) in respect of Mu Mu’s & Club Vision, 5 – 9 Richmond Street, Weston-super-Mare, BS23 1SY.

 

3.2             The current On Licence and Special Hours certificate allows the premises to sell and supply alcohol for consumption on or off the premises between the following hours :

 

Monday to Saturday              10:00 – 02:00

 

Sunday                                   11:00 – 12:30 (until 02:00 on any Sunday preceding a Bank Holiday with the exception of Easter Sunday)

 

 

 

New Years Eve                      10:00 – 24:00

 

New Years Day                     00:00 – 23:00

 

Christmas Day                      12:00 – 15:00 & 19:00 – 22:30

 

3.3             The current Public Entertainment Licence allows the premises to provide public music, dancing or other entertainment of a like kind between the following hours :

 

Monday - Wednesday          14:30 – 02:00

 

Thursday - Saturday  14:30 – 03:00

 

Sundays                                 14:30 – 12:30 (14:30 – 02:00 where the Sunday precedes a Bank holiday but excluding Easter Sunday)

 

3.4             The variations applied for are :

 

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

 

Monday to Sunday                12:00 – 06:00

 

 

 

                       

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

 

Monday – Sunday                 12:00 – 06:00

 

                       

3)                 To request opening times for the premises to be :

 

Monday – Sunday                 12:00 – 06:00

 

 

 

 

3.5             A site plan will be made available to view at the hearing or in advance at the Licensing Offices, Environmental & Consumer Services, North Somerset Council, Somerset House, Oxford Street, Weston-super-Mare, BS23 1TG.

 

3.6             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.

 

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

 

3.8             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.

 

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

 

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

 

3.11         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.

 

3.12    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.

 

3.13    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

 

3.14    Relevant representations have been received which relate to the Prevention of Public Nuisance from both     local residents and Environmental Protection. (See Annex C).  The representations allege that the longer periods of noise from record playing and from patrons would affect sleeping and general wellbeing.  There are further objections from a local hotelier who believes that by extending the opening and drinking hours to 6 am would have an adverse effect on their business and disturb residents in the hotel.  The proprietors also live at their business address and are too disturbed by patrons of the venue and by music nuisance. There is concern from the Environmental Protection team that public nuisance may occur due to noise from entertainment and from patrons leaving the premises.  The control measures contained in the operating schedule are unclear and the Noise Control officer is unable to determine if they will promote the licensing objective and prevent a public nuisance.  It is felt that further information should be provided in relation to the comment regarding noise insulation referred to in section d) of the four licensing objectives.  Complaints of excessive noise nuisance have previously been received.  The Noise Control officer offers suggested conditions that could be added to the licence, which the sub committee may wish to take into account.

 

The Prevention of Crime and Disorder

 

3.15    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)

 

3.16         Police objection has been received in respect of this application. Presently the Police have to deal with a considerable number of assaults and other incidents of violent crime that occur mainly in the town centre.  The majority of these are fuelled by the abuse of alcohol caused by binge drinking.  Evidence suggests that the main problems arise in the early hours of the morning by persons drinking in nightclubs.  The Police are concerned that a terminal hour of 6 am would allow more time for people to consume alcohol, which could result in an increase in these offences at a time when police resources are minimal.  The Police have suggested conditions that could be added to the licence, which the committee may wish to take into account.

 

Public Safety

 

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

 

The Protection of Children from Harm

 

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

 

 

 

2.                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.?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.

 

3.                Financial Implications

 

N/A

4.                Equality Implications

 

N/A

 

5.                Corporate Implications

 

N/A

 

6.                Options considered

 

N/A

 

Author

 

Jane Day

Licensing Team

01934 634528

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

 

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.