Agendas, Minutes and Reports

Draft

Minutes

of the Meeting of the

Licensing Sub-Committee

Wednesday 28th September 2005

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

Meeting Commenced: 10.00 a.m. Meeting Concluded: ......?

Present: Councillors Peter Bryant, Bob Coleman, and Audrey Telling.

LSC

Election of Chairman for the meeting

Resolved: that Councillor Peter Bryant be elected Chairman for the meeting (Councillor Peter Bryant in the Chair).

LSC

Declarations of Interest by Members (Agenda Item 3)

Councillor Mrs. Telling declared a personal interest in respect of agenda item 4 - she was acquainted with Mrs. McDonald who had previously been the local beat officer for her parish.

LSC

Application to convert and vary existing club certificate to a premises certificate for Portishead Working Men’s Club, Slade Road, Portishead, BS20 6BW (Agenda Item 4)

Mr. Gale, Club Secretary and Mr. Duncan, Club President, on behalf of the applicant, were in attendance for this case, together with Ms. Lynette Champion for the Licensing Authority. Darren Fairchild, Noise Control Officer, Environmental Protection was also present. Mr. and Mrs. McDonald, local residents who had made representations were also in attendance.

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. Champion presented the case for the Licensing Authority. She outlined the application for the conversion and variation of the existing club certificate to a premises certificate under the provisions of the Licensing Act 2003. She summarised the statutory background to the conversion of existing licenses and outlined the variations applied for, as detailed in the report, and drew attention to the representations received. In response to a query from the Legal Adviser, she confirmed the detail in the report was incorrect in relation to the times applied for in respect of live and recorded music, and referred the Sub-Committee to the times as set out in the application which were correct. It was also noted that the applicant was seeking outdoor live music and not recorded music during the summer months, and that the application was not seeking an additional 12 occasions to those listed in the application.

At the invitation of the Chairman, Mr McDonald then addressed the Sub-Committee, clarifying the representations made and referring in particular to public nuisance caused by noise from within and outside the premises. He expressed concerns that an extension of hours would result in an extended and later period of noise and disturbance to local residents.

At the invitation of the Chairman, Mr Fairchild, Environmental Protection, summarised the concerns he had raised, referring to the close proximity of residential properties to the application site. He suggested that further conditions were necessary to promote the licensing objective and to prevent public nuisance and drew attention to the suggested conditions as set out on pages 29 and 30 of the agenda papers.

Mr McDonald and Mr Fairchild then responded to questions raised by the applicants.

At the invitation of the Chairman, Mr. Gale then clarified the application and addressed the representations that had been made. Mr Duncan further clarified the application. Mr Gale and Mr Duncan then responded to questions.

In response to the representations received, the Chairman proposed a brief adjournment to allow all parties the opportunity to discuss the application and the concerns raised to see if a compromise could be reached.

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The meeting adjourned at 11.50 a.m.

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The meeting reconvened at 12.15 p.m.

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On reconvening, the Chairman reported that he understood an agreement had been reached by the parties. With all parties present, the Legal Adviser to the Sub-Committee announced the agreement reached. This agreement was then adopted by the Sub-Committee as follows:

Resolved:

(1) To grant the application for conversion of an existing club certificate to a club premises certificate in accordance with paragraph 16(2) of Schedule 8 to the Licensing Act 2003 (“the Act”); and

(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, there has been insufficient information from the applicant with regard to promoting the licensing objectives contained in the operating schedule therefore the variation as requested is not granted.

Restriction of hours applied for

Supply of Alcohol

Sun –Thurs 10:00hrs – 23:00hrs

except on 6 occasions per calendar year when the licence will be extended until 00:00 hrs and/or start at 05:00hrs

Fri-Sat 10:00hrs – 00:00hrs

except on 6 occasions per calendar year when the licence will be extended until 02:00 hrs and/or start at 05:00hrs

On those occasions when the licence is to be extended, the Police, Licensing Authority and neighbours in Slade Road and Ferndale Road to be notified 7 days before the event.

Regulated Entertainment

No regulated entertainment after 23:00 hrs, except on 6 occasions per calendar year on a Fri/Sat when regulated entertainment will be permitted until 00:00.

The following conditions will apply:

(1) Doormen / Members of the Club to be employed on occasions where the licensing hours are extended to check that persons entering the Club are Club Members and their bona fide guests.

(2) No playing of live or recorded music outside the premises.

(3) CCTV already installed at the premises and referred to in the operating schedule to be maintained or upgraded and maintained.

(4) No children under the age of 18 to be admitted into that part of the premises where Adult Films (over 18) are to be viewed or race nights operated.

(5) All doors and windows shall be kept closed during entertainment.

(6) Noise or vibration from the premises shall be maintained at a level that will not be audible at the façade of any neighbouring noise sensitive premises.

(7) When the alcohol licence is extended until 02:00 hrs there will be no entry or re-entry to the premises after 00:00hrs.

Reason:-

The restriction of the application and the conditions that were modified by the Sub Committee were considered necessary to promote the licensing objective to prevent public nuisance. The operating schedule does not show a level of control over the premises which would promote this licensing objective in this residential locality.

LSC

Application to convert and vary existing licence to a premises licence for the Albion, 15 Bristol Road, Portishead, BS20 6PZ (Agenda Item 5)

Mr. Mark Green, the applicant, Mr. Paul Morahan, on behalf of the applicant and Ms. Clare Hughes, Area Manager were in attendance for this application together with Ms. Caroline Horton for the Licensing Authority. Mr. Vincent and Mr. Wilmot, local residents who had made representations, were also in attendance.

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

At the invitation of the Chairman, Ms. Horton, Licensing Officer, presented the case for the Licensing Authority. She referred to the terms of the current Justices On-Licence and outlined the variations applied for as detailed in the report. Ms. Horton summarised the statutory background to the conversion and variation of licences under the provisions of the Licensing Act 2003 and referred to the site plan. She drew attention to the representations received from local residents relating to the prevention of public nuisance and public safety.

At the invitation of the Chairman, Mr Vincent and Mr Wilmot addressed the Sub-Committee, clarifying their representations and referring in particular to public nuisance caused by noise from within and outside the premises, and raising particular concerns that an extension of hours would result in an extended and later period of noise and disturbance to local residents. In response to issues raised, the Legal Adviser clarified the law relating to the conversion of an existing licence into a premises licence, pointing out that existing hours and conditions would apply. The local residents then responded to questions raised.

At the invitation of the Chairman, Ms Hughes then clarified the application and addressed the representations that had been made. Mr Morahan also responded to the representations received and outlined measures being taken by the applicant to address the concerns raised. He offered to hole regular meetings with local residents to address any issues as they arose.

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:

Resolved:

(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”); and

(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 24th July 2005, the terms of which are incorporated as conditions to the licence, but modified as follows:-

Supply of Alcohol

In the case of public holidays and bank holidays, one extra hour is permitted but only where the proceeding (following) day is not a working day.

Conditions

(i) All doors and windows to remain closed during regulated entertainment except for access and egress (agreed).

(ii) Noise from regulated entertainment shall be maintained at a level that is not audible at the façade of any neighbouring noise sensitive premises.

(iii) Live entertainment shall be limited to 2 occasions per month and shall be limited to inside the premises and shall cease at 23.00 hrs (agreed).

(iv) The garden at the rear of the premises shall close at 21.00 hrs (agreed).

(v) Drinking outside shall cease at 22.00 hrs Sun –Thurs (agreed).

(vi) No regulated entertainment shall take place in the skittle alley (agreed).

(vii) Monthly meetings to be held with residents to discuss any issues about the operation of the public house (agreed).

Reasons:

The restriction of the application and the conditions that were modified by the Sub Committee were considered necessary to promote the licensing objective to prevent public nuisance caused outside the premises and to address concern about noise emanating from the premises causing sleep disturbance after 2300 hrs when the following day is a working day.

LSC

Application to convert and vary existing licence to a premises licence for Bird in Hand, 17 Weston Road, Long Ashton BS41 9LA (Agenda Item 6)

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Chairman

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