Meeting documents

Licensing Act 2003 Sub-Committee
Monday, 5th November 2007

Present

Councillors

J Hale, CM Teggin, Mrs P M Williams

Index to Minutes

Minute 51 - APPOINTMENT OF CHAIR

Minute Text :

Minute Decision :

Resolved - That Councillor Mrs P M Williams be appointed Chair for this meeting.

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Minute 52 - DECLARATIONS OF INTEREST

Minute Text :

Members were invited 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 Hale declared that he recognised one of the objectors in respect of the Gladstone Sports and Social Club application but had not seen him for some 25 years. All parties were content for Councillor Hale to hear the application.

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Minute 53 - NAME OF PREMISES: THE WALLASEYANS CLUB, GROVE ROAD, WALLASEY - NAME OF SECRETARY: WILLIAM CHIPCHASE

Minute Text :

The Director of Regeneration reported upon an application received from William Chipchase to vary a Club Premises Certificate in respect of premises known as The Wallaseyans' Club, Grove Road, Wallasey, under the provisions of the Licensing Act 2003.

The application details were:

Supply of Alcohol
Monday to Saturday 12.00noon to 11.00pm (unchanged)
Sunday 12.00noon to 10.30pm (unchanged)

Hours Open to Members and their Guests
Monday to Sunday 12.00noon to 11.45pm (unchanged)

Regulated Entertainment (Performance of a Play)
Monday to Friday 8.00pm to 11.00pm
Saturday 8.00pm to 11.30pm

Regulated Entertainment (Live Music)
Monday to Thursday 8.00pm to 11.00pm
Friday and Saturday 8.00pm to 11.45pm

The Non-Standard timings, as specified in paragraph 2.1 of the Director's report were to remain the same except for the Hours Open to Members and Guests in relation to the timings which were subject to Committee’s approval. The hours requested were as follows:

Sunday to Saturday 10.00am to 2.30am

Mr Chipchase attended the meeting together with Mr P Fazakerley, House Secretary of the Club and Mr G Bruce, President of the Club.

Also in attendance were local residents Lesley Woodhead and Bill Maynard.

A representation had been received from local Councillor, Mrs K Wood.

No representations had been received from any of the Responsible Authorities.

The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application and that an email had been received from Councillor Mrs L Rennie and this was read out to the meeting.

In response to a question from Councillor Hale, the Licensing Officer informed the Committee that the legal requirement for notices was for one displayed on the premises and a notice in the local newspaper, both had been complied with. There was no requirement to notify local residents as with planning applications and a Member suggested that the Act should be reviewed with regard to this.

Mr Chipchase introduced the application and informed the Sub-Committee that he was withdrawing the application for non-standard timings till 2.30am, so the latest hours opening would remain at 1.30am. He outlined the history of the club and the membership and the reasons for the application which would enable regulated entertainment to take place on Mondays to Saturdays. In the past two years there had only been 6 occasions when the club had been open to 1.00am. A booking form had to be completed at least 6 weeks prior to a special occasion requiring late opening and then it had to be approved by the Club Committee.

In response to comments from Members, it was clarified for the applicant and the Sub-Committee that the outside patio area used as a smoking area, could not be used for the drinking of alcohol. Mr Chipchase informed the meeting that now this had been made clear the Club would ensure that notices were displayed to this effect and that no members would be allowed to take drinks outside.

Lesley Woodhead and Bill Maynard addressed the Sub-Committee, having lived next door to the Club for three and a half years they said they were very happy with the way it was run. Their concern was with an intensification of use and the use of the outdoor area.

Mr Chipchase, in response, said that there was no intention to change the ethos of the club and the business character of the club would not change. He invited Mr Maynard and Ms Woodhead to the Club and for them to become Members.

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.

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 Club Premises Certificate in respect of the premises known as the The Wallaseyans' Club, Grove Road, Wallasey, be granted with the following hours:

Regulated Entertainment (Performance of a Play)
Monday to Friday 8.00pm to 11.00pm
Saturday 8.00pm to 11.30pm

Regulated Entertainment (Live Music)
Monday to Thursday 8.00pm to 11.00pm
Friday and Saturday 8.00pm to 11.45pm

(3) The Sub-Committee is pleased that this morning's discussions have clarified the use of the patio area and are confident that the Club Committee will limit its use forthwith. Should the concerns of the residents be realised regarding an intensification of use in a way to cause nuisance then the residents would have the right to seek a review of the Club Premises Certificate. It was hoped that any concerns could be resolved as between good neighbours.

(4) That the following additional condition be attached to the Club Premises Certificate:

There shall be placed at all exits from the premises in a place where they can be seen and easily read by members and their guests, notices requiring customers to leave the premises and the area quietly.

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Minute 54 - NAME OF PREMISES: MORTON ARMS, PASTURE ROAD, MORETON - NAME OF SECRETARY: PUNCH TAVERNS

Minute Text :

The Director of Regeneration reported upon an application received from Punch Taverns to vary a Premises Licence in respect of premises known as the Morton Arms, Pasture Road, Moreton, under the provisions of the Licensing Act 2003.

At the meeting the applicant informed the Sub-Committee that he wished to amend the application and the application was now for:

Supply of Alcohol
Sunday to Thursday 10.00am to 12 midnight
Friday and Saturday 10.00am to 12.30am

Hours Open to the Public
Sunday to Thursday 10.00am to 12.30am
Friday and Saturday 10.00am to 1.00am

Regulated Entertainment (Live Music)
Sunday to Thursday 10.00am to 11.00pm (unchanged)
Friday and Saturday 10.00am to 12.00midnight

Regulated Entertainment (Recorded Music)
Sunday to Saturday 10.00am to 12 midnight

Entertainment Facilities (Facilities for Dancing)
Sunday to Saturday 10.00am to 12 midnight

Entertainment Facilities of a Similar Description to that of Dancing
Monday to Sunday 10.00am to 12.00midnight

Late Night Refreshment
Sunday to Thursday 11.00pm to 12.30am
Friday and Saturday 11.00pm to 1.00am

The non-standard timings as specified in paragraph 2.1 of the Director's report were to be withdrawn if the application was successful.

The Premises Licence Holder, Dorothy Scregg, attended the meeting together with Mr Lepke, Regional Manager of Punch Taverns and their solicitor, Mr D Pickup.

Merseyside Police had made a representation in respect of this application concerning public safety and crime and disorder. Constable R Jones and Sergeant Peers attended the meeting on behalf of Merseyside Police.

Eight representations had been received from local residents. The representations related to public nuisance from customers leaving the premises and noise emanating from the premises. A petition containing 46 signatures had also been received. Copies of the representations and the petition were available. Councillor C Blakeley was in attendance on behalf of local residents, 4 of whom, including Mr M Jackson and Mr A Evans, were present.

The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application.

Mr D Pickup introduced the application and informed the meeting that Dorothy Scregg had taken over as designated Premises Supervisor on 10 July, 2007 and had invested £60,000 in the premises which attracted a mixed age range of clientele. He acknowledged that there had been problems with the premises prior to the takeover and that there had been a number of incidents. Since July there had been a steady reduction in the number of incidents.

In response to questions from the police, Council members and Councillor Blakeley, Mr Pickup informed the meeting that the drinking of alcohol outside the premises in the smoking shelter was not a licensable activity and there was no requirement to clear the area by 9.00pm each day. A small CCTV system was operated for the bar area but he didn't see the need for one outside the premises. He had no further evidence to offer in support of his statement that the premises was now cleaned up other than saying that there had been a reduction in the number of incidents. Ms Scregg had no previous experience of running a licensed premises but had taken the qualification to do so and did hold a personal licence.

Sergeant David Peers addressed the meeting and referred to the numerous incidents which had taken place at the premises, acknowledging that many of these had taken place prior to the new DPS taking over.

Councillor Blakeley addressed the meeting and referred to the fact that the premises was in a wholely residential area. He welcomed the concession in reducing the hours applied for but didn't believe that Mrs Scregg had had sufficient time to demonstrate her ability to improve the premises since July.

Mr Jackson referred to anti-social behaviour on the wall which he believed was part of the premises and a walkway covered in broken glass.

The Head of Legal and Member Services' representative referred to section 35 (3) of the Licensing Act 2003 and that it was possible to amend existing conditions already imposed. There then followed a discussion regarding the effect of section35 (3).

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.

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 Morton Arms, Pasture Road, Moreton, be granted, with the following hours:

Supply of Alcohol
Monday to Sunday 10.00am to 11.30pm

Hours Open to the Public
Monday to Sunday 10.00am to 12 midnight

Regulated Entertainment (Live Music)
Monday to Sunday 10.00am to 11.00pm

Regulated Entertainment (Recorded Music)
Monday to Sunday 10.00am to 11.00pm

Entertainment Facilities (Facilities for Dancing)
Monday to Sunday 10.00am to 11.00pm

Entertainment Facilities of a Similar Description to that of Dancing
Friday and Saturday 10.00am to 11.00pm

Late Night Refreshment
Monday to Sunday 11.00pm to 12 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) The licence holder or her 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) 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.
(v) No drinking, glasses or bottles outside after 11.00pm.

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Minute 55 - NAME OF PREMISES: GLADSTONE SPORTS AND SOCIAL CLUB, CHURCH ROAD, TRANMERE - NAME OF SECRETARY: BRIAN SHEPHERD

Minute Text :

The Director of Regeneration reported upon an application received from Brian Shepherd to vary a Club Premises Certificate in respect of premises known as Gladstone Sports and Social Club, Church Road, Tranmere, under the provisions of the Licensing Act 2003.

The application details were:

Supply of Alcohol

Monday to Thursday 11.00am to 11.00pm (unchanged)
Friday and Saturday 11.00am to 12.30am
Sunday 11.00am to 11.30pm

Hours Open to Members and their Guests
Monday to Thursday 11.00am to 11.30pm (unchanged)
Friday and Saturday 11.00am to 1.00am
Sunday 11.00am to 12.00midnight

Regulated Entertainment (Live Music, Recorded Music and Anything of a Similar Description)
Monday to Thursday 11.00am to 11.00pm (unchanged)
Friday and Saturday 11.00am to 12.30am
Sunday 11.00am to 11.30pm

Entertainment Facilities (Facilities for Making Music and Dancing)
Monday to Thursday 11.00am to 11.00pm (unchanged)
Friday and Saturday 11.00am to 12.30am
Sunday 11.00am to 11.30pm

The applicant was represented by Mr G Cogan, Solicitor, who attended with Mr P Traynor and Mr E Taylor, Committee members of the Club.

Six representations had been received from local residents. The representations related to noise from music at the Club and anti-social behaviour and public nuisance from members of the Club whilst leaving at a late hour. Copies of the representations were available. 4 local residents attended the meeting, Mr and Mrs Cooper, Mr Sy Cooper and Mr J Marl.

No representations had been received from any of the Responsible Authorities.

The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application.

Mr Cogan introduced the application and informed the meeting that the majority of the 500 members were drawn from the immediate locality and 75% of them were over 45 years of age. There were to be no more 18th birthday party functions. The Club did make application for an extension up to 12 times a year. He gave an undertaking that the external manual shutter was to be replaced by a smooth running electric one. The Club had worked with Environmental Health to install an electronic cut out of the sound system if it exceeded a certain level. There had been pressure from the membership to apply for an extension of the hours as people would rather stay within the safe environment of the premises than have to go elsehwere to continue drinking. There was a smoking shelter at the front of the premises which did have planning permission but it was hoped that this could be moved to the rear next year.

In response to questions from the Sub-Committee and the local residents, the applicant informed the meeting that customers were no longer allowed to take drinks outside and the upstairs and downstairs of the club was cleared at the same time.

Mr Marl addressed the meeting and spoke of the loud music that he could hear in his own living room which meant that he couldn't go to bed before 11.30pm. People emerged from the club after the permitted hours regularly screaming, slamming car doors, fighting and urinating in gardens.

Mrs Cooper addressed the meeting and stated that not once had the club closed at 12 midnight. She said that there had been a recent incident of 6 people emerging from the club and racing a car up and down the road and then returning to the club.

Mr Cy Cooper addressed the meeting and spoke of fights outside the club with police dogs being called. The club needed to be soundproofed as the sound limiter could actually be turned off.

In response, the applicant's solicitor said that it was not within the power of the club to control what went on outside and that the noise limiter was always switched on.

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.

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 Club Premises Certificate be refused because the Sub-Committee considers that the granting of it would lead to increased public nuisance.

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(Minutes Published: 22 November 2007)