Draft

 

Minutes

of the Meeting of the

Licensing Sub-Committee

Monday 3rd October 2005

held at the Town Hall, Weston-super-Mare, Somerset.

 

Meeting Commenced:  2.30 p.m.   Meeting Concluded: 4.00 p.m.       

 

Present:  Councillors  Andy Cole, John Clark and Mari Owen.

 

LSC

1         

Election of Chairman

 

Resolved:  that Councillor Andy Cole be elected Chairman for the meeting (Councillor Andy Cole in the Chair)

 

LSC

2         

Application to convert and vary existing licence to premises licence for Sidcot Hotel, Bridgwater Road, Winscombe, BS25 1NN (Agenda Item 4)

 

Mr. N. Mathias and Mrs. L. Halik representing Whitbread Group plc were in attendance for this case together with Ms. S. Isherwood for the Licensing Authority.

 

Five local residents having made representations were also in attendance for this case.

 

The Chairman introduced the Members of the Sub-Committee and outlined the procedure that would be followed at the meeting.

 

At the invitation of the Chairman Ms. Isherwood presented the case for the Licensing Authority.  She referred to the current Justices on Licence and outlined the variations applied for as detailed in the report.  The variations, if agreed would extend the hours for the supply of alcohol and would provide for regulated entertainment and late night refreshments between certain hours and vary the opening times for the premises.  Ms. Isherwood outlined the statutory background to the conversion and variation of licences and referred to the site plan.

 

Ms. Isherwood advised that representations have been received from local residents relating to the prevention of public nuisance.  All parties were given the opportunity to question the licensing officer.

 

At the invitation of the Chairman, the individuals making representations clarified their concerns, referring in particular to noise nuisance, particularly in view of the location of the premises.  Individuals making representations responded to questions raised.

 

At the invitation of the Chairman, Mr. Mathias presented the case for the applicant and emphasised that they did not wish to change the way in which the premises was currently run as a hotel providing family dining.  He confirmed that the company did not wish to hold performances or dances but wished for the provision of facilities for dancing under the regulated entertainment section of the application.  The applicants responded to questions raised.

 

At the invitation of the Chairman, all parties summed up. 

 

The Members of the Sub-Committee together with the Legal Adviser to the Sub-Committee then withdrew from the meeting to deliberate and reach a decision.

 

On returning to the meeting and with all parties present, the Legal Adviser to the Sub-Committee announced that after due consideration of the evidence placed before it, the Sub-Committee had reached a decision as follows –

 

1.      To grant the application for conversion of an existing licence to a Premises Licence in accordance with paragraph 4 (2) of Schedule 8 to the Licensing Act 2003 (“the Act”)

 

2.      Having heard and taken account of all relevant representations, together with the Secretary of State’s Guidance issued under s182 of the Act and North Somerset Council’s Statement of Licensing Policy, to grant the application to vary the premises licence under s35 of the Act in accordance with the application dated 5th August 2005, the terms of which are incorporated as conditions to the licence, but modified as follows:-

 

Conditions

 

1       All doors and windows to be kept closed during regulated entertainment

2       Prominent clear and legible notices shall be displayed at all exits and in the car park requesting customers to respect the needs of local residents and to leave the premises and the area quietly

3       Noise and vibration from the premises shall be maintained at a level that shall not     be audible at the boundary of any neighbouring noise sensitive premises

 

Hours

 

Supply of Alcohol

 

Sunday – Thursday                                                 -  10.00 – 00.00

Friday – Saturday                                                   -  10.00 – 00.30

Sundays when following day is a Bank

Holiday, Christmas Day , Boxing Day                  -  10.00 – 00.30

 

Regulated Entertainment – BCEFJ&I -  as for the supply of alcohol

 

Late Night Refreshment

 

Sunday – Thursday                                                 - 23.00 – 00.00

Friday – Saturday                                       - 23.00 – 00.30

Sundays when following day is a Bank

Holiday, Christmas Day , Boxing Day                  - 23.00 – 00.30

 

Opening Hours

 

Hotel

for residents and Bona Fide guests         - 24 hours

Public Bar

for members of the general public            - 10am to 30  minutes after the last   permitted  time for the supply of alcohol.

 

Reason

 

The sub – committee considered the measures contained in the operating schedule were in sufficient to promote the licensing objective of preventing public nuisance. The nature of the premises is such that due to the proximity of residential property  public nuisance may occur due to noise from entertainment and from people leaving the premises particularly at a late hour during the week when residents should reasonably expect to be able to sleep undisturbed.

 

The restriction of the application and the conditions that were modified by the Sub Committee were considered necessary to promote the licensing objective relating to the prevention of public nuisance.

 

The mandatory conditions contained in sections 19 and 20 of the Act also apply to the Premises Licence.

 

 

 

 

                                                                                    ________________________________

                                                                                                                Chairman

                                                                                    ________________________________