Meeting documents
Licensing Act 2003 Sub-Committee
Wednesday, 11th July 2007
Present
Councillors
J Hale, A Pritchard, JJ Salter, H Smith
Index to Minutes
- Minute 11 - APPOINTMENT OF CHAIR
- Minute 12 - DECLARATIONS OF INTEREST
- Minute 13 - NAME OF PREMISES: CALEDONIA, MARKET STREET, BIRKENHEAD - NAME OF APPLICANT: JOHN DIABLE
- Minute 14 - NAME OF PREMISES: RAVENSCROFT, 5 THE MOUNT, HESWALL - NAME OF APPLICANT: BARRACUDA PUBS AND BARS LIMITED
Minute 11 - APPOINTMENT OF CHAIR
Minute Text :
Minute Decision :
Resolved - That Councillor J Salter be appointed Chair for this meeting.
Minute 12 - 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 prejudicial interest in respect of agenda item 4 - Ravenscroft (minute14 post refers) by virtue of being a member of the Planning Committee which decided upon the planning application for these premises.
Minute 13 - NAME OF PREMISES: CALEDONIA, MARKET STREET, BIRKENHEAD - NAME OF APPLICANT: JOHN DIABLE
Minute Text :
The Director of Regeneration reported upon an application received from John Diable to vary a Premises Licence in respect of premises known as the Caledonia, Market Street, Birkenhead under the provisions of the Licensing Act 2003. The application details were:
Regulated Entertainment (Live Music, Recorded Music, and anything of a similar description)
Sunday to Saturday 11.00 am to 12.30 am
Entertainment Facilities (Facilities for Making Music and anything of a similar description)
Sunday to Saturday 11.00 am to 12.30 am
For statutory bank holidays (Friday, Saturday, Sunday and Monday) and for the Thursday before Good Friday and for Christmas Eve, the finish time will be extended by one hour beyond these times.
On additional occasions of local, national or international significance or for charitable events, limited to twelve per year, the finish time will be extended by one hour with fourteen days notice and agreement with the Police.
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 detaliing any additional 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 also become conditions of the licence should it be granted.
The applicant (John Diable) attended the meeting together with his solicitor (Chris Johnson), the licensee (Mr Billington) and co-owner (Mr Wharton).
Representations had been made by Environmental Health and Mr N Joughin was in attendance.
No other representations had been received from any of the other Responsible Authorities.
Mr Johnson explained that the application was to bring the premises in line with other premises in the immediate vicinity which had the benefit of later hours. He further explained that it was the events that had occurred during the previous year which had led to the prosecution, however, the premises now had a new Designated Premises Supervisor in place and there had been no recent complaints.
Mr Wharton reported that some £8,500 had been spent on the premises including the installation of a noise limiting device and that a member of staff was employed to ensure doors were kept closed. He felt that the premises had been losing trade as a result of the current licensing hours.
Mr Joughin, Environmental Health Officer, reported that he had made a representation in respect of the application due to the recent history in which there had been evidence of loud music being emitted from the premises, leading to an application to review the licence and an imminent prosecution for noise nuisance under the provisions of the Environmental Protection Act 1990. Mr Joughin advised the Members of the Sub-Committee that he had serious concerns that the later hours applied for would result in a failure to prevent public nuisance. He referred to the event in August which had led to the prosecution and informed Members that the noise limiting device still had not been checked by Environmental Health in order to set levels.
Mr Joughin responded to questions from Members of the Sub-Committee and from Mr Johnson.
Mr Johnson requested that the above hours be granted as any incidents which had cause for concern had all occurred last year and relayed that if any problems arose in the future the licence was subject to review.
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 vary a Premises Licence in respect of the premises known as the Caledonia, Market Street, Birkenhead, be refused.
(3) That, after a period of 6 months, if no evidence of nuisance in relation to noise had been caused and conditions had been adhered to, Members of the Sub-Committee advised that the applicant may make a further application.
Minute 14 - NAME OF PREMISES: RAVENSCROFT, 5 THE MOUNT, HESWALL - 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 to vary a Premises Licence in respect of premises known as the Ravenscroft, 5 The Mount, Heswall, under the provisions of the Licensing Act 2003. The application details were:
Supply of Alcohol
Sunday to Saturday 10.00 am to 12.00 midnight
Hours Open to the Public
Sunday to Saturday 10.00 am to 12.30 am
Regulated Entertainment (Exhibition of Films, Indoor Sporting Events, Live Music, Recorded Music and Performance of Dance)
Sunday to Saturday 10.00 am to 12.00 midnight
Entertainment Facilities (Facilities for Making Music and Dancing)
Sunday to Saturday 10.00 am to 12.00 midnight
Late Night Refreshment
Sunday to Saturday 11.00 pm to 12.00 midnight
Non-Standard Timing
The following non-standard timing had also been requested for the above Licensable Activities:
New Years Eve: 10.00 to New Years Day - terminal hour as proposed.
The premises shall close 30 minutes after the end of the above non-standard timing.
Barracuda Pubs and Bars Limited had requested that the following condition currently imposed on the Premises Licence be removed:
• There shall be no drinking outside the curtilage of the building at any time.
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 any 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 also become conditions of the licence should it be granted.
Barracuda Pubs and Bars Limited was represented at the hearing by Mr P Cutsforth, Regional Manager, Mr I Middlebrough, Manager, Mr G Halton, Area Manager and Mr C Burman, Solicitor.
One late representation had been received which the applicants made no objection to and which was considered by the Sub-Committee.
Representations had been recieved from the Police and the Fire Authority which had subsequently been withdrawn and were therefore not considered by the Sub-Committee. No representations had been received from any of the other Responsible Authorities.
Eleven representations were received from local residents. A representation had also been received which had been signed by ten residents. The representations related to noise and anti-social behaviour at a late hour from customers of the premises. A petition containing 29 signatures had also been received. Copies of the representations and the petition were available.
Councillor Hodson attended the meetign in support of local residents together with Mr Fielding (local resident).
Mr Burman outlined the application on behalf of the applicants. He asked that each part of the application (which consisted of five parts) be looked at separately. He explained that Smith and Jones was not a fun bar but was predominantly a bar with a strong food offering and non-beer sale. He reported that the age range was between 18-50 with a changing profile. He explained that the premises were on the fringe of the town centre situated next to commercial premises and therefore suggested that the variation sought by the applicant was not excessive. He also felt that the premises were very well run. He advised that the feedback received by the applicant was that there was a demand for the premises to stay open for an extra hour and felt that this would stop migration to other premises late in the evening. He also reported that Mr Milligan was very experienced, had a good track record and knowledge of the area.
The applicants responded to questions from Councillor Hodson and Mr Fielding and Members of the Sub-Committee.
Councillor Hodson expressed his concerns to Members of the Sub-Committee. He reported that residents were aware that if the application were to be granted, the premises could not operate under the requested hours due to planning restrictions however they were concerned that the applicant would then appeal to the Planning Committee. He explained that the premises was opposite properties of old age pensioners, close to flats and was built despite strong opposition from local residents and the Council's Planning Committee. He felt that the conditions which had been put in place six months ago were for the protection of local residents and nothing had changed since then. He reported that there had been disturbances outside the premises and felt that noise problems would be exacerbated if the hours requested were to be granted and if the current condition that "there shall be no drinking outside the curtilage of the building at any time" were to be removed this may encourage people who smoke to stay out longer which would also add to problems regarding noise.
Mr Fielding expressed his concerns and felt that as a resident the premises were not on the fringe of a town centre but on the fringe of a residential area. He referred to the four Licensing Objectives and felt there were numerous problems which could be created for local residents. He felt that the extended hours applied for would lead to a higher risk of disturbances.
The Sub-Committee reconvened following a short break.
Mr Fielding responded to questions from the applicant.
The Head of Legal and Member Services clarified that Councillor Hodson was present as he was instructed to attend by a local resident however that some issues may border into other matters as ward Councillor. He advised that if there were any concerns comments could be made by the applicant to Members of the Sub-Committee.
Mr Burman requested that when making their decision, Members of the Sub-Committee look at the application in each part and for each day of the week. He viewed refusal of the application as a last resort and felt that the application did not justify refusal. He referred to the fact that Ward Councillors are required to have written authority and produce evidence in line with the person whom they represent and therefore requested that Members of the Sub-Committee disregard some comments made.
Councillor Hodson accepted that written authority was required from local residents and reiterated the two areas of concern for local residents which were late night drinking and removal of the condition on the outside area.
The Head of Legal and Member Services referred to guidance published on 28 June, paragraph 8.8 which clarified the role of a Ward Councillor.
The Chair commented that when making their decision, the Members of the Sub-Committee had taken into consideration representations presented before them and the location of the premises but had not taken into consideration all comments that had been made at the meeting.
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 -
Councillor Hale being recorded as voting against the hours agreed to for the Supply of Alcohol.
(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 Ravenscroft, 5 The Mount, Heswall be granted with the following hours:-
Supply of Alcohol (2:1 Councillor Hale dissenting)
Sunday to Saturday 10.00 am to 11.30 pm
Hours Open to the Public
Sunday to Saturday 10.00 am to 12.00 midnight
Regulated Entertainment (Exhibition of Films, Indoor Sporting Events, Live Music, Recorded Music and Performance of Dance)
Sunday to Saturday 10.00 am to 11.30 pm
Entertainment Facilities (Facilities for Making Music and Dancing)
Sunday to Saturday 10.00 am to 11.30 pm
Late Night Refreshment
Sunday to Saturday 11.00 pm to 11.30 pm
Non-Standard Timing
The following non-standard timing had also been requested for the above Licensable Activities:
New Years Eve: 10.00 am to New Years Day 11.30 pm
The premises shall close 30 minutes after the end of the above non-standard timing.
(3) That the request to remove the condition indicated below be refused:
• There shall be no drinking outside the curtilage of the building at any time.
(4) That the outside front of the premises be regularly patrolled by staff/doorstaff to ensure there shall be no issues with customers making excessive noise or nuisance.
Footnote :
Councillor Salter declared a prejudicial interest in this matter and left the room during its consideration. The application was considered and determined by Councillors Smith (in the Chair), Hale and Pritchard.
(Minutes Published: 27 July 2007)