Meeting documents
Licensing Act 2003 Sub-Committee
Thursday, 9th August 2007
Present
Councillors
WJ Davies, JJ Salter, H Smith, PA Smith, CM Teggin
Index to Minutes
- Minute 20 - APPOINTMENT OF CHAIR
- Minute 21 - DECLARATIONS OF INTEREST
- Minute 22 - NAME OF PREMISES: LITTLE CHEF, 1408 NEW CHESTER ROAD, EASTHAM - NAME OF APPLICANT: RIVERSIDE RESTAURANTS LIMITED
- Minute 23 - NAME OF PREMISES: EAGLE ARMS, 61-63 RANKIN STREET, WALLASEY - NAME OF APPLICANT: NATALIE VAUGHAN
- Minute 24 - NAME OF PREMISES: SHREWSBURY ARMS, CLAUGHTON FIRS, OXTON - NAME OF APPLICANT: ORCHID PUBS TYNE LIMITED
Minute 20 - APPOINTMENT OF CHAIR
Minute Text :
Minute Decision :
Resolved -
(1) That Councillor W J Davies be appointed Chair for morning session which considered the applications regarding the Little Chef and the Eagle Arms.
(2) That Councillor H Smith be appointed Chair for the afternoon session which considered the application regarding the Shrewsbury Arms.
Minute 21 - 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.
No such declarations were made.
Minute 22 - NAME OF PREMISES: LITTLE CHEF, 1408 NEW CHESTER ROAD, EASTHAM - NAME OF APPLICANT: RIVERSIDE RESTAURANTS LIMITED
Minute Text :
The Director of Regeneration reported upon an application received from Riverside Restaurants Limited for the grant of a Premises Licence in respect of premises known as the Little Chef, 1408 New Chester Road, Eastham, under the provisions of the Licensing Act 2003.
These premises had previously been licensed however the licence had lapsed on 3 January 2007 as the Premises Licence Holder, TLLC Restaurants had become insolvent.
The application for the grant of a Premises Licence was as follows:
Supply of Alcohol
Sunday to Saturday 6.00 am to 11.00 pm
Hours Open to the Public
Sunday to Saturday 6.00 am to 11.30 pm
Regulated Entertainment (Exhibition of Films)
Sunday to Saturday 6.00 am to 11.00 pm
Late Night Refreshment
Sunday to Saturday 11.00 pm to 11.30 pm
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. The representation related to public nuisance from customers leaving the premises at a late hour. A copy of the representation was available.
No representations had been received from any of the Responsible Authorities.
Roger Pierce (Facilities Manager) attended the meeting together with Matthew Bolton who was the proposed Designated Premises Supervisor and Nick Landales, Solicitor.
Mr and Mrs Miller (local residents) were also in attendance.
The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application and a late representation had been received which was considered by Members of the Sub-Committee together with a survey.
Mr Landales explained that the premises had changed ownership although the brand had remained the same and therefore the license had lapsed as the transfer request had not been submitted within the requisite seven days. He explained that the company owned 186 premises however were only applying for premises licences for those premises that were attached to travel lodges as there was a business contract between Travel Lodge and Little Chef.
He reported that the clientele the Little Chef attracted was primarily families and explained that the alcohol sales were limited to only three products which were for single service and not, for example, bottles of wine to share. He submitted evidence to show that the alcohol sales throughout the last year the premises were licensed was less than 1% and had no expectation that this would increase.
Mr Landales responded to questions from Members of the Sub-Committee and Mr and Mrs Miller.
Mr and Mrs Miller outlined their objections to the premises licence being granted regarding problems emanating from the car park at a late hour. It was established that the car park belonged to the Travel Lodge and as such Mr and Mrs Miller were advised by the Chair that complaints should be referred directly to the Travel Lodge, Environmental Health, their local Councillor or the Police.
Members noted that many of the issues raised could not be attributed to customers of the Little Chef. Mr and Mrs Miller were also advised that they would have the opportunity to bring the licence to review before the Sub-Committee should problems occur in the future in relation to the Little Chef.
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. Members also had regard to the limited range and low level of alcohol sales at the premises.
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 the Little Chef, 1408 New Chester Road, Eastham be granted with the following hours:
Supply of Alcohol
Sunday to Saturday 6.00 am to 11.00 pm
Hours Open to the Public
Sunday to Saturday 6.00 am to 11.30 pm
Regulated Entertainment (Exhibition of Films)
Sunday to Saturday 6.00 am to 11.00 pm
Late Night Refreshment
Sunday to Saturday 11.00 pm to 11.30 pm
(3) That the following condition be attached to the Premises Licence:-
(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.
(4) That the Risk and Facilities Director and the Designated Premises Supervisor liaise with local residents.
Minute 23 - NAME OF PREMISES: EAGLE ARMS, 61-63 RANKIN STREET, WALLASEY - NAME OF APPLICANT: NATALIE VAUGHAN
Minute Text :
The Director of Regeneration reported upon an application received from Natalie Vaughan for the grant of a Premises Licence in respect of premises known as the Eagle Arms, 61-63 Rankin Street, Wallasey, under the provisions of the Licensing Act 2003.
These premises had previously had a Premises Licence which had been surrendered on 17 February 2007.
The application for the grant of a Premises Licence was as follows:
Supply of Alcohol
Sunday to Saturday 11.00 am to 12.00 midnight
Hours Open to the Public
Sunday to Saturday 11.00 am to 12.30 am
Regulated Entertainment (Recorded Music)
Sunday to Saturday 11.00 am 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 which included a petition signed by 17 residents. The representation related to loud music emanating from the premises and anti-social behaviour from customers leaving the premises at a late hour. A copy of the representation and the petition were available.
No representations had been received from any of the Responsible Authorities.
The applicant attended the meeting together with her mother Carmel Vaughan and Mr K Hutton a local resident.
The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application.
After some discussion between the Licensing Officer and the applicant and a short adjournment, the applicant proposed to reduce the hours applied for in order to try and resolve some of the concerns raised by local residents. Therefore, the amended application for the grant of a Premises Licence was as follows:
Supply of Alcohol
Sunday to Saturday 11.00 am to 11.00 pm
Hours Open to the Public
Sunday to Saturday 11.00 am to 11.30 pm
Regulated Entertainment (Recorded Music)
Sunday to Saturday 11.00 am to 11.00 pm
Mr Hutton raised concerns surrounding the smoke free legislation and reported that smokers were spilling out onto the narrow pavement which he felt added to the noise pollution and caused an obstruction to pedestrians.
The applicant reported that she would be willing to address any concerns by local residents and felt she had already put steps in place to combat the problem of congestion on the pavement by way of raising money to build an out-house at the rear of 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 Licensing Act 2003. Members had regard to the representations made by local residents regarding public nuisance, however they also noted the applicant's willingness to amend the application following particular concerns relating to the hours sought. Members further noted that the applicant was prepared to take appropriate steps to prevent public nuisance.
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 the Eagle Arms, 61-63 Rankin Street, Wallasey, be granted as amended with the following hours:
Supply of Alcohol
Sunday to Saturday 11.00 am to 11.00 pm
Hours open to the Public
Sunday to Saturday 11.00 am to 11.30 pm
Regulated Entertainment (Recorded Music)
Sunday to Saturday 11.00 am to 11.00 pm
Bank Holidays (the Sunday preceding the Bank Holiday)
Supply of Alcohol
11.00 am to 12.00 midnight
Hours Open to the Public
11.00 am to 12.30 am
Regulated Entertainment (Recorded Music)
11.00 am to 12.00 midnight
New Years Eve
Supply of Alcohol
11.00 am to 2.00 am
Hours Open to the Public
11.00 am to 2.30 am
Regulated Entertainment (Recorded Music)
11.00 am to 1.00 am
(3) That the following additional conditions be attached to the Premises Licence:
(i) All external doors and windows shall be kept closed when recorded music is being played from 10.00 pm except in the event of an emergency and to permit entrance to and egress from the premises.
(ii) 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.
(iii) The use of taxi firms providing a call back facility must be promoted at the premises.
(iv) There shall be consultation with the Environmental Health Officer regarding appropriate levels to be set for noise.
(v) No drinks shall be taken outside the front of the premises and signs shall be displayed to this effect.
Minute 24 - NAME OF PREMISES: SHREWSBURY ARMS, CLAUGHTON FIRS, OXTON - NAME OF APPLICANT: ORCHID PUBS TYNE LIMITED
Minute Text :
The Director of Regeneration reported upon an application by Orchid Pubs Tyne Limited to vary a Premises Licence in respect of the premises known as the Shrewsbury Arms, 38 Claughton Firs, Oxton under the provisions of the Licensing Act 2003.
The application was a request to vary the following condition which was currently attached to the Premises Licence:
Start to patrol and clear beer garden at 10.30pm to ensure it is cleared by 11.00pm.
The variation proposed by the applicant was as follows:
Start to patrol and clear beer garden at 10.30 pm to ensure it is cleared by 11.00 pm. After this time the defined smoking area only (as specified within the plan of the premises) may be used for the purpose of smoking.
There would be no changes to the current licensable activities.
Orchid Pubs Tyne Limited was represented at the hearing by Miss H Audsley (Licensing Manager, Orchid Group), and Mr R Karlson (Licensee).
Fifteen representations had been received from local residents. The representations related to the potential for noise and anti-social behaviour at a late hour. Mr K Donovan and Councillor Mrs Patricia Williams were in attendance in support of local residents.
No representations had been received by any of the responsible authorities however a request had been made by residents for the Environmental Health Officer to attend the meeting and Mr N Joughin was in attendance.
Miss Audsley explained that the applicants were seeking the removal of the current condition to allow a responsible solution to the no smoking legislation. She explained that a similar application was made before the Sub-Committee in April however, as a result of the application being refused, Miss Audsley reported that the licensee had been approached by a local Councillor as some residents felt it would be better to have smoking in a designated area rather than people smoking on the street. Miss Audsley felt that this solution would best maintain the four licensing objectives and reported that she had been in consultation with the local Police who also thought this would be a better solution.
Mr Karlson explained where the designated smoking area would be situated and responded to questions from Members of the Sub-Committee.
Councillor Teggin requested whether there had been any formal support for the application from the Police.
Miss Audsley reported that although she had no written support she had spoken to the Licensing Officer, Sergeant Turner.
Mr Donovan reported that he had been asked by a group of local residents to make a statement on their behalf and that he would refer to documented evidence. He outlined the objections of local residents regarding noise and public nuisance in the beer garden at late hours and referred to a plan of the garden and a landscape photograph. He explained that the premises was situated in a residential area and that it had been agreed at previous meetings that the crowds outside constituted a nuisance. He stated that if the application were to be refused, the beer garden would have to be cleared by 11.00 pm and asked that the Sub-Committee support local residents and refuse the application.
Councillor Mrs P Williams endorsed the views of the objectors, referred to the history of complaints regarding noise and disturbance at the premises and urged the Sub-Committee to refuse this application.
Mr Donovan responded to questions from the applicant.
Mr Karlson responded to questions from Members of the Sub-Committee.
Miss Audsley reiterated that in making this application, the Orchid Group were trying to take a responsible approach to the no smoking legislation and explained that the beer garden would be policed by the licensee. She also explained that the local Councillor she had spoken to was in support of the application.
Councillor Mrs Patricia Williams reported that she had no knowledge that another Councillor had suggested this course of action and referred to the report which contained no reference to this.
After a short adjournment, it was decided that Mr Joughin, Environmental Health Officer should express his views on the application despite there being no representations received from Environmental Health.
Mr Joughin explained that he had made representations at the last hearing due to the close proximity of residential properties and a history of complaints regarding the outside area (which led to the current restriction being imposed). He referred to the practical difficulties associated with the government's smoking ban in public houses which could lead to customers smoking on the pavement outside the premises and suggested that the applicant's proposal may provide a more controlled solution.
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. Members also had regard to the representations made by local residents concerning noise nuisance emanating from the beer garden and gave consideration to the views expressed by residents that should the application be granted, there would be an increase in the level of public nuisance caused by customers being in the beer garden at a late hour.
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 condition that was currently attached to the Premises Licence be refused.
(Minutes Published: 11 September 2007)