Meeting documents
Licensing Act 2003 Sub-Committee
Wednesday, 30th May 2007
Present
Councillors
WA Duffey, DE Roberts, JJ Salter, H Smith
Index to Minutes
- Minute 72 - APPOINTMENT OF CHAIR
- Minute 73 - DECLARATIONS OF INTEREST
- Minute 74 - NAME OF PREMISES: TASTE OF BENGAL, 59 SEAVIEW ROAD, WALLASEY - NAME OF APPLICANT: RAJU AHMED
- Minute 75 - NAME OF PREMISES: BROMBOROUGH, BROMBOROUGH VILLAGE ROAD, BROMBOROUGH - NAME OF APPLICANT: GREENE KING BREWING AND RETAILING LIMITED
- Minute 76 - NAME OF PREMISES: SMITH AND JONES, CHURCH ROAD, BEBINGTON - NAME OF APPLICANT: BARRACUDA PUBS AND BARS LIMITED
- Minute 77 - NAME OF PREMISES: SLAK, 59 MILNER ROAD, HESWALL - NAME OF APPLICANT: PATRICIA MURRAY
Minute 72 - APPOINTMENT OF CHAIR
Minute Text :
Minute Decision :
Resolved - That Councillor J Salter be appointed Chair for this meeting.
Minute 73 - DECLARATIONS OF INTEREST
Minute Text :
The Head of Legal and Member Services requested members to consider whether they had any personal or prejudicial interests in connection with any items on this agenda and, if so, to declare them and state what they were.
Councillor J Salter declared a personal interest in respect of agenda item 3 - Taste of Bengal (see minute 74 post).
Councillor J Salter declared a prejudicial interest in respect of agenda item 5 - Smith and Jones (see minute 76 post).
Minute 74 - NAME OF PREMISES: TASTE OF BENGAL, 59 SEAVIEW ROAD, WALLASEY - NAME OF APPLICANT: RAJU AHMED
Minute Text :
The Director of Regeneration reported upon an application received from Raju Ahmed for the grant of a Premises Licence in respect of premises known as Taste of Bengal, 59 Seaview Road, Wallasey, under the provisions of the Licensing Act 2003.
These premises had not previously been licensed.
The application for the grant of a Premises Licence was as follows:
Supply of Alcohol
Monday to Thursday 5.00 pm to 11.00 pm
Friday and Saturday 5.00 pm to 12.00 midnight
Sunday 12.00 noon to 11.00 pm
Hours Open to the Public
Monday to Thursday 5.00 pm to 11.00 pm
Friday and Saturday 5.00 pm to 12.00 midnight
Sunday 12.00 noon to 11.00 pm
Late Night Refreshment
Friday and Saturday 11.00 pm to 12.00 midnight
Applicants were required to submit as part of their application an operating schedule that set out how they would 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 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of the licence should the licence be granted.
In respect of this application a representation had been received from a local resident on behalf of a residents association (CLARA). The representation related to the potential public nuisance. A copy of the representation was available. Mr Hale (Liaison Officer, CLARA) and Mrs Hale (Secretary, CLARA) attended the meeting in support of local residents.
No representations had been received from any of the Responsible Authorities.
Mr Ahmed (proprietor of Bengal) attended the meeting to present the case together with his wife.
The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application.
Mrs Ahmed explained that Taste of Bengal was a small business and that clients liked to have a drink with their food.
Councillor Roberts asked how long the premises had been open as a restaurant and Mrs Ahmed explained that the premises had been operating as a restaurant for about ten or eleven years and that they had sold alcohol in the past however the licence had expired about two years ago. She also confirmed that herself and Mr Ahmed had owned the restaurant for about six or seven years.
Councillor Smith pointed out that in the application they had requested the same hours for the supply of alcohol as hours open to the public however it was usual to request the supply of alcohol to cease half an hour before the hours open to the public. He asked if Mr and Mrs Ahmed would be prepared to accept half an hour less for the supply of alcohol.
Mrs Ahmed confirmed that this would be agreeable.
Mr Hale felt that if the restaurant had managed up to now why would it be necessary to sell alcohol, to which Mrs Ahmed replied that customers complain as they want a drink with their meal.
Mr Hale outlined the reasons for his objections to the application and felt that the amenities of local residents would be greatly affected as there would be unacceptable levels of off-street parking in an already overstretched and unprotected densely populated area. He felt that this also led to unacceptable noise levels and exhaust fumes pollution which in turn caused distress to householders. Mr Hale expressed concern regarding inebriated people wandering about the area at night and felt this would be a threat to any females in the area. Also general disturbance would be caused by car engines revving and general noise from customers.
Mr Hale felt that this application was not contributing to the enhancement of Liscard shopping centre due to its opening hours and similar outlets operating in a similar manner and pointed out that five years ago there were nineteen outlets where food/drink could be consumed compared to there now being fifty-one. Due to all the points he had raised Mr Hale urged the Members of the Sub-Committee to reject this application.
Mrs Ahmed pointed out that the majority of their customers brought alcohol into the restaurant at present and felt that most people travelled in taxis therefore there would be no problems with parking.
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 182 of Licensing Act 2003.
Minute Decision :
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 for the grant of a Premises Licence under the provisions of the Licensing Act 2003 in respect of Taste of Bengal, be granted with the following hours:
Supply of Alcohol
Monday to Thursday 5.00 pm to 10.30 pm
Friday and Saturday 5.00 pm to 11.30 pm
Sunday 12.00 noon to 10.30 pm
Hours Open to the Public
Monday to Thursday 5.00 pm to 11.00 pm
Friday and Saturday 5.00 pm to 12.00 midnight
Sunday 12.00 noon to 11.00 pm
Late Night Refreshment
Friday and Saturday 11.00 pm to 12.00 midnight
(3) That the following condition be attached to the Premises Licence:-
(i) Bottles or broken glasses shall not be disposed of from the premises between the hours of 9.00 pm and 9.00 am so as not to cause a disturbance to residents in the vicinity of the premises.
Footnote :
Councillor Salter declared his interest in this matter and left the room during its consideration. The application was considered and determined by Councillors Smith (in the Chair), Roberts and Duffey.
Minute 75 - NAME OF PREMISES: BROMBOROUGH, BROMBOROUGH VILLAGE ROAD, BROMBOROUGH - NAME OF APPLICANT: GREENE KING BREWING AND RETAILING LIMITED
Minute Text :
The Director of Regeneration reported upon an application received from Greene King Brewing and Retailing Limited to vary a Premises Licence in respect of premises known as the Bromborough, Bromborough Village Road, Bromborough. The application details were:
Regulated Entertainment (Live Music, Recorded Music and Anything of a Similar Description)
Sunday to Thursday 11.00 am to 11.00 pm
Friday and Saturday 11.00 am to 12.00 midnight
Entertainment Facilities (Facilities for Dancing)
Sunday to Thursday 11.00 am to 11.00 pm
Friday and Saturday 11.00 am to 12.00 midnight
An additional hour had also been requested for the above licensable activities and hours open to the public on the following days:
Christmas Eve, Christmas Day, Boxing Day, New Years Day, Spring and August Bank Holidays, Good Friday, Easter Saturday, Easter Sunday and Easter Monday.
Proceeding and preceding day before a Bank Holiday. St George's Day, St Patrick's Day and any other publicly declared holiday.
The application also included a request to alter the licensed area of the premises to incorporate the following:
* To create an external all weather garden facility.
Also that the following condition be removed as a consequence of the proposed variation:
* Regulated Entertainment (excluding recorded music) to end at 23:00.
The Licensing Officer notified all parties that a plan had also been submitted as part of the application which was available. The Licensing Officer also reported that she had received an apology from a representative who was unable to attend.
Mrs J Wright (representative of Green King) attended the meeting together with Mr and Mrs Naylor and presented the application on behalf of Bromborough.
Canon David Walker and Ms Susan Nicholson (Member of the Bromborough Society) attended the meeting in support of local residents.
The applicant had submitted an operating schedule as part of their application which set out how they would 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 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of the licence should the licence be granted.
Four representations had been received from local residents. The representations related to the potential for public nuisance and anti-social behaviour. Copies of the representations were available.
No representations had been received from any of the Responsible Authorities.
Ms Wright explained that the extra hour for regulated entertainment applied for on Fridays and Saturdays was to bring the premises in line with current licensing hours in order to allow more flexibility. The request to create an external all weather garden facility was due to customer demand in order to comply with the smoking regulations which were to come into force in July. Ms Wright explained the layout of the premises and expressed concern that if there was no designated smoking area clients could potentially create a hazard by congregating on the road side. She confirmed that there would be no seating in this area but heaters would be installed to provide heat and lighting and also that there would be no music played outside.
Ms Wright responded to questions from Members of the Sub-Committee, Canon Walker and Ms Nicolson. In answer to various questions, Ms Wright confirmed that it was the intention to allow members of the public to consume alcohol in the outside area but not food. Ms Wright also explained that the premises has entertainment every Saturday and occasionally on Sundays which would be in the form of live bands and sometimes karaoke.
Canon Walker expressed his concerns regarding noise, nuisance and disturbance and explained that his property bordered the Bromborough. He explained that the biggest nuisance was litter and felt that if the outside area for smoking were to be permitted all these problems would be exacerbated.
Ms Nicholson expressed concerns to the Members of the Sub-Committee regarding public nuisance in that noise and general disturbance would be created for the extra hours and from the proposed all weather garden facility which would have an adverse impace on the neighbouring residential property. She felt that the Bromborough might be considered to be more of a 'club' than a 'pub'.
Ms Nicholson addressed the Members of the Sub-Committee and requested that the decision made should take into account the community at large whilst providing the opportunity for lawful business to continue at the premises.
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 182 of the Licensing Act 2003. Consideration was also given to Section 3.3 of the Council's Statement of Licensing Policy.
Minute Decision :
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 the Premises Licence under the provisions of the Licensing Act 2003 in respect of the Bromborough, Bromborough Village Road, Bromborough, be granted with the following hours:
Regulated Entertainment (Live Music, Recorded Music and Anything of a Similar Description)
Sunday to Thursday 11.00 am to 11.00 pm
Friday and Saturday 11.00 am to 12.00 midnight
Entertainment Facilities (Facilities for Dancing)
Sunday to Thursday 11.00 am to 11.00 pm
Friday and Saturday 11.00 am to 12.00 midnight
An additional hour be granted for the above licensable activities and hours open to the public on the following days:
Christmas Eve, Christmas Day, Boxing Day, New Years Day, Spring and August Bank Holidays, Good Friday, Easter Saturday, Easter Sunday and Easter Monday.
Proceeding and preceding day before a Bank Holiday. St George's Day, St Patrick's Day and any other publicly declared holiday.
(3) That the following additional conditions be attached to the Premises Licence:
(i) All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency and to permit entrance to and egress from the premises.
(ii) The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.
(iii) The doors leading to the smoking area shall not be propped open at any time.
(iv) No tables and chairs shall be available in the smoking area.
(v) No regulated entertainment shall be extended into the smoking area.
(vi) Management shall undertake regular inspections of the smoking area in order to ensure (i) that the area is not overpopulated and (ii) there is no excessive noise.
Minute 76 - NAME OF PREMISES: SMITH AND JONES, CHURCH ROAD, BEBINGTON - NAME OF APPLICANT: BARRACUDA PUBS AND BARS LIMITED
Minute Text :
The Director of Regeneration reported upon an application received from Barracuda Pubs and Bars Limited for the grant of a Premises Licence in respect of premises known as Smith and Jones, Church Road, Bebington, under the provisions of the Licensing Act 2003.
These premises had not previously been licensed.
The application for the grant of a Premises Licence was as follows:
Supply of Alcohol
Sunday to Wednesday 9.00 am to 12.00 midnight
Thursday to Saturday 9.00 am to 1.00 am
Hours Open to the Public
Sunday to Wednesday 9.00 am to 12.30 am
Thursday to Saturday 9.00 am to 1.30 am
Regulated Entertainment (Exhibition of Films and Recorded Music)
Sunday to Wednesday 9.00 am to 12.30 am
Thursday to Saturday 9.00 am to 1.30 am
Entertainment Facilities (Facilities for Making Music and Dancing)
Sunday to Wednesday 9.00 am to 12.30 am
Thursday to Saturday 9.00 am to 1.30 am
Late Night Refreshment
Sunday to Wednesday 11.00 pm to 12.30 am
Thursday to Saturday 11.00 pm to 1.30 am
Non standard timings:
Supply of Alcohol 9.00 am to 2.00 am
Hours Open to the Public 9.00 am to 2.30 am
Regulated Entertainment 9.00 am to 2.30 am
Entertainment Facilities 9.00 am to 2.30 am
Late Night Refreshment 11.00 pm to 2.30 am
The above non standard timings had been requested for the following days:
St Patrick's Day, Easter Thursday, Good Friday, Easter Saturday, Easter Monday, Friday before May Day Bank Holiday, Saturday before May Day Bank Holiday, May Day Bank Holiday, Friday before Spring Bank Holiday, Saturday before Spring Bank Holiday, Spring Bank Holiday, Friday of August Bank Holiday, Saturday of August Bank Holiday, August Bank Holiday, Christmas Eve and Boxing Day.
New Years Eve - from the start of permitted hours on New Years Eve until the start of the permitted hours on New Years Day.
An additional hour to the standard and non standard times on the day when British Summertime commences.
Applicants were required to submit as part of their application an operating schedule that set out how they would 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 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of the licence should the licence be granted.
In respect of this application three representations had been received from local residents. The representations related to the potential of noise from customers leaving the premises which would cause a public nuisance and to the potential for anti-social behaviour. A petition had also been received containing 168 signatures against the application. Copies of the representations and the petition were available. Mr Green and Councillor Sheila Clarke attended the meeting on behalf of local residents.
A representation had been received from Merseyside Police which had subsequently been withdrawn. No representations were received from any of the other responsible authorities.
Claire Eams attended the meeting together with Paul Cutsforth (General Manager) to present the application on behalf of Barracuda Pubs and Bars Limited.
The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application.
Ms Eames explained that as a result of the representation being received from Merseyside Police the applicant had agreed to amend the application as follows:
Supply of Alcohol
Sunday to Saturday 9.00 am to 11.30 pm
Hours Open to the Public
Sunday to Saturday 9.00 am to 12.00 midnight
Regulated Entertainment (Exhibition of Films and Recorded Music)
Sunday to Saturday 9.00 am to 11.30 pm
Entertainment Facilities (Facilities for Making Music and Dancing)
Sunday to Saturday 9.00 am to 11.30 pm
Late Night Refreshment
Sunday to Saturday 11.00 pm to 12.00 midnight
There shall be no consumption of alcohol or food in the outside area after 9.00 pm.
It was confirmed that following a short break, the applicant had submitted prior to the hearing some folders containing example menus and layouts of similar premises which were distributed to the Members of the Sub-Committee for their perusal in accordance with Regulation 18 of the Licensing Act 2003 (Hearings) Regulations 2005.
Councillor Sheila Clarke further clarified that she was in attendance as a local resident and also on behalf of another local resident who had requested that she make representations on their behalf. Mr Green (local resident) was also in attendance.
Mr Cutsforth explained that he was responsible for Barracuda pubs in the North of England and Scotland. Smith and Jones were the largest number of pubs that Barracuda owned and 50% of those pubs had a large proportion of floor space covered with dining furniture, sofas and coffee tables. He told the Members of the Sub-Committee that Smith and Jones tended to attract trade from 11.00 am as they provided breakfast menus and substantial food throughout the day. He explained that there was also a substantial wine list with 45% of customers being in the age range of 35. Mr Cutsforth felt that the establishment attracted more mature clientele and that over 50% of customers were female. He also felt that with the imposing smoking ban the premises would have a greater percentage of food sales and greater early and mid-week trading.
Mr Cutsforth explained that Managers frequently consulted with the Police and that they carried out pub watch schemes. The latest digital CCTV would cover the premises and there would be signage displayed relating to noise nuisance. The front doors would be kept closed and Managers would check on noise levels. He also explained that Managers undertook to arrange two inspections each year by external independent consultants for risk assessments. He submitted that there would be training for staff before the premises opened which would last for ten days and there would also be ongoing in-house training. The premises would operate a 'Challenge 21' policy and each member of staff would be trained on this.
Mr Cutsforth explained that the issue of social responsibility was taken very seriously and that Managers were encouraged to work closely with the local community and also with taxi firms.
Mr Cutsforth responded to questions from Members of the Sub-Committee.
Councillor Clarke explained that she recognised the need for variety for local residents, but felt that if the application were to be granted it may cause disturbance to local residents who were mainly elderly people. She felt that it would be totally in appropriate for the area and that residents should not have to suffer noise and disturbance. Councillor Clarke raised concerns regarding the dispersal of customers and felt that as the premises were situated on a bend this was a potential recipe for disaster. There was also little provision for car parking in the area. Councillor Clarke informed the Members of the Sub-Committee that residents from Bebington and Clatterbridge wards were objecting to the application and she therefore formally requested that this application be refused.
Mr Green raised concerns regarding the large numbers of people departing from the premises late at night as the maximum occupancy figure was 440. He quoted comments made regarding other Barracuda bars in the area and problems experienced with them. Mr Green felt that licensing these premises would provide endless scope for noise, nuisance and public disorder. He asked that the Sub-Committee discard the application.
The Licensing Officer read out details from a letter submitted by Councillor Teggin who wished to support the views of Mr Green but was unable to attend the meeting.
Sue Buxton (current owner of the premises) made representations to the Sub-Committee and referred to a petition which was taken from local people which gave a positive response to the application.
Ms Eams submitted that the applicant had demonstrated that they were very established and responsible. The premises had been granted suitable at planning and that it would be a high quality operation with a proven track record. She felt that there was no evidence for the potential of crime and disorder or public safety and public nuisance. Ms Eams also referred to the protection of children from harm and felt this was addressed by the operation of the 'Challenge 21' policy. Ms Eams confirmed that the applicant would be more than happy to meet with local residents.
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 182 of Licensing Act 2003.
Minute Decision :
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 grant the Premises Licence under the provisions of the Licensing Act 2003 in respect of Smith and Jones, Church Road, Bebington, be granted with the following hours:
Supply of Alcohol
Sunday to Saturday 9.00 am to 11.30 pm
Hours open to the Public
Sunday to Saturday 9.00 am to 12.00 midnight
Regulated Entertainment (Exhibition of Films and Recorded Music)
Sunday to Saturday 9.00 am to 11.30 pm
Entertainment Facilities (Facilities for Making Music and Dancing)
Sunday to Saturday 9.00 am to 11.30 pm
Late Night Refreshment
Sunday to Saturday 11.00 pm to 12.00 midnight
(3) That the following additional conditions be attached to the Premises Licence:
(i) No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
(ii) All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency and to permit entrance to and egress from the premises.
(iii) 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.
(iv) Bottles or broken glasses shall not be disposed of from the premises between the hours of 9.00 pm and 9.00 am so as not to cause a disturbance to residents in the vicinity of the premises
(v) The use of taxi firms providing a call back facility must be promoted at the premises.
(vi) That the applicant implement a 'Think 21' age check policy.
Note: The Members of the Sub-Committee requested that Smith and Jones consult with local residents and the planning restrictions on the outside usage had been noted.
Footnote :
Councillor Salter declared his interest in this matter and left the room during its consideration. The application was considered and determined by Councillors Davies (in the Chair), Roberts and Smith.
Minute 77 - NAME OF PREMISES: SLAK, 59 MILNER ROAD, HESWALL - NAME OF APPLICANT: PATRICIA MURRAY
Minute Text :
The Director of Regeneration reported upon an application received from Patricia Murray to vary a Premises Licence in respect of premises known as the Slak, 59 Milner Road, Heswall. The application details were:
Supply of Alcohol
Monday to Thursday 11.00 am to 11.30 pm
Friday and Saturday 11.00 am to 12.00 midnight
Sunday 12.00 noon to 11.30 pm
Hours Open to the Public
Monday to Thursday 11.00 am to 12.00 midnight
Friday to Saturday 11.00 am to 12.45 am
Sunday 12.00 noon to 12.00 midnight
Regulated Entertainment (Exhibition of Films, Indoor Sporting Events and Live Music)
Monday to Saturday 11.00 am to 11.30 pm
Sunday 12.00 noon to 11.30 pm
Regulated Entertainment (Recorded Music)
Monday to Saturday 11.00 am to 11.30 pm
Sunday 12.00 noon to 11.30 pm
The application also included a request that the following condition be removed as a consequence of the proposed variation:
* Beer garden to be cleard by 8.00 pm
To be replaced by:
* Beer garden closed to drinking alcohol from 9.00 pm (but smoking allowed)
The applicant had submitted an operating schedule as part of their application which set out how they would 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 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of the licence should the licence be granted.
Five representations had been received from local residents. The representations related to noise from music emanating from the premises and public nuisance. Copies of the representations were available.
Environmental Health had made a representation in respect of this application due to the close proximity of residential properties at the rear and side of the premises. The Environmental Health Officers had concerns about the noise from customers in the outside area if the current condition was removed.
No representations had been received from any of the other Responsible Authorities.
Pat Murray (licensee, the Slak) attended the meeting together with Mick Murray.
Gary Birchall, Chris Keeble and Caroline Salthouse (local residents) were in attendance.
N Joughin, Senior Environmental Health Officer, was in attendance also.
The Licensing Officer confirmed that all relevant notices had been sent out and that Merseyside Police had withdrawn the representation as doors and windows were to be kept closed when regulated entertainment was being played. A late representation had also been received which the applicant was in agreement to be considered by all parties. Mrs Keeble showed photographs on a laptop which demonstrated the proximity of her property to the Slak.
Mrs Murray requested that the condition on the beer garden be removed however she would not allow drinking outside after 9.00 pm, she felt the Slak was a workmans pub frequented by a lot of people who smoke and that she took into consideration concerns of local residents.
Mrs Murray responded to questions from Membesr of the Sub-Committee and the local residents present.
Mr Birchall expressed his concern regarding noise and explained that he had phoned the Police regarding incidents which had occurred outside the Slak regarding arguing and fighting and general noise and nuisance. He also pointed out that clients from the Slak used the entry as a public toilet.
Mrs Keeble also expressed concern regarding the noise emanating from the Slak and felt that if the hours were extended this problem would be exacerbated. Mrs Keeble had no problem about people being in the beer garden but her concern was how this was going to be policed. She felt that if the bad language could be stopped, people didn't drink outside after 9.00 pm, the licensing hours were adhered to and some sort of dispersal policy applied this would make life easier and a more harmonious relationship between local residents and the licensee would be established.
Mrs Salthouse explained that the noise and disturbance usually continued for about 45 minutes after closing time, therefore if the premises were to close at 12.00 midnight, noise and disturbance would be likely to continue until 12.45 am. Mrs Salthouse felt that the hours requested were excessive and she expected good management, the speakers outside to be removed and door staff in place until the vicinity had been cleared. Mrs Salthouse would like more regard to neighbours.
Mr Joughin reported that he had serious concerns for the extra hour applied for and that he would be happier if there was to be no drinking or eating permitted outside after 8.00 pm.
Mr Murray was agreeable to this.
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 182 of the Licensing Act 2003. Consideration was also given to Section 3.3 of the Council's Statement of Licensing Policy.
Minute Decision :
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 the Premises Licence under the provisions of the Licensing Act 2003 in respect of the Slak, 59 Milner Road, Heswall, be granted with the following hours:
Supply of Alcohol
Monday to Thursday 11.00 am to 11.30 pm
Friday and Saturday 11.00 am to 12.00 midnight
Sunday 12.00 noon to 11.30 pm
Hours Open to the Public
Monday to Thursday 11.00 am to 12.00 midnight
Friday to Saturday 11.00 am to 12.30 am
Sunday 12.00 noon to 12.00 midnight
Regulated Entertainment (Exhibition of Films, Indoor Sporting Events and Live Music)
Monday to Saturday 11.00 am to 11.00 pm
Sunday 12.00 noon to 11.00 pm
Regulated Entertainment (Recorded Music)
Monday to Saturday 11.00 am to 11.30 pm
Sunday 12.00 noon to 11.30 pm
(3) That the following additional conditions be attached to the Premises Licence:
(i) No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
(ii) All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency and to permit entrance to and egress from the premises.
(iii) The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.
(iv) No eating or drinking outside after 8.00 pm shall be permitted and signs to be displayed to this effect.
(v) Smoking shall be permitted solely in the outside area at the rear of the premises.
(vi) A member of staff shall assist the quiet dispersal of customers from the premises.
(vii) Members noted that management shall liaise with neighbours to try and resolve any problems.
(viii) The speakers situated outside shall be removed immediately.
(vi) Management shall undertake regular inspections of the smoking area in order to ensure (i) that the area is not overpopulated and (ii) there is no excessive noise.
(Minutes Published: 26 June 2007)