The Director of Regeneration reported upon an application from Mr S Blanshard to vary a premises licence for the premises known as the Pensby Hotel, Ridgewood Drive, Pensby.

The application to vary the Premises Licence was as follows:

Supply of Alcohol

Sunday to Thursday 10:00 to 00:00

Friday and Saturday 10:00 to 00:30

Hours Open to the Public

Sunday to Thursday 10:00 to 00:30

Friday and Saturday 10:00 to 01:00

Regulated Entertainment (Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description)

Sunday to Thursday 19:00 to 23:00

Friday and Saturday 19:00 to 00:00

Regulated Entertainment (Exhibition of Films, Indoor Sporting Events and Plays)

Sunday to Saturday 10:00 to 23:30

Entertainment Facilities (Facilities for Dancing and Making Music)

Sunday to Thursday 19:00 to 23:00

Friday and Saturday 19:00 to 00:00

It was noted that the applicant had withdrawn the following items:

(i) A proposed amendment that the outside seating area be closed at 10.00pm.

(ii)  A request to vary the licence to include a designated area for customers to take drinks outside beyond 10.00pm.

The Director reported that the applicant had included a request to extend the licensed area to include a function room on the first floor.  A copy of the plan of the function room was available.  The applicants were required to submit as part of their application an operating schedule setting out how they will conduct/manage their business in accordance with the four Licensing Objectives.  A copy of the full application detailing the steps proposed by the applicant was available.

Members of the Licensing Act 2003 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of licence should the licence be granted.

Mr A Smith, Designated Premises Supervisor, attended the meeting on behalf of the applicant.

Councillor R Wilkins, Ward Councillor, attended the meeting as an observer.

The Director reported that two representations had been received from local residents relating to public nuisance caused by customers of the premises.  However, one objection had subsequently been withdrawn. 

A representation had been received from Environmental Health regarding public nuisance but the applicant had agreed to the suggested conditions and the representation was therefore withdrawn.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Department of Culture, Media and Sport Guidance issued under section 82 of Licensing Act  2003.

Members of the Sub-Committee also gave consideration to a representation made by a Local Resident and Ward Councillors concerning public nuisance caused by customers of these premises at a late hour. 

Resolved –

(1) That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during the determination of the application.

(2) That the application to vary a Premises Licence in respect of the premises known as the Pensby Hotel, Ridgewood Drive, Pensby, under the provisions of the Licensing Act 2003 be approved with the following hours and with the extension of the licensed area to include a function room on the first floor , and subject also to the following conditions: -

(a) Hours of Operation

Supply of Alcohol

Sunday to Thursday 10:00 to 00:00

Friday and Saturday 10:00 to 00:30

Hours Open to the Public

Sunday to Thursday 10:00 to 00:30

Friday and Saturday 10:00 to 01:00

Regulated Entertainment (Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description)

Sunday to Thursday 19:00 to 23:00

Friday and Saturday 19:00 to 00:00

Regulated Entertainment (Exhibition of Films, Indoor Sporting Events and Plays)

Sunday to Saturday 10:00 to 23:30

Entertainment Facilities (Facilities for Dancing and Making Music)

Sunday to Thursday 19:00 to 23:00

Friday and Saturday 19:00 to 00:00

(b) The Licensing Act 2003 Sub-Committee determined that in addition to the appropriate conditions proposed in the operating schedule, as well as existing conditions on the licence, the following conditions be applied:

(i)  There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public notices requiring customers to leave the premises and the area quietly.

(ii)  Bottles or broken glasses shall not be disposed of from the premises between the hours of 9.00pm and 9.00am so as not to cause a disturbance to residents in the vicinity of the premises.

(iii)  There shall be diligent control over the levels of any music played to ensure compliance with the following condition:

“ No nuisance shall be caused by noise coming from the premises or by vibration noise transmitted through the structure of the premises.”

Also, as part of that control, whenever music is playing.

(a) All windows and doors (apart from access and egress) shall be closed

 and

(b) Noise emissions shall be periodically checked outside and the results logged.

(iv)  The outside seating area shall be closed by 9.00 pm.

(v)  That layout plans for the outside area including the designated smoking area shall be submitted to and approved by the Licensing Department.