Agenda and minutes

Councillor Gerald Vernon-Jackson had sent his apologies for absence and the reserve member Councillor Scott Harris had been called upon.

There were no declarations of members' interests.

Purpose.

The purpose of this report is for the committee to consider an application for the variation of a premises licence under the Licensing Act 2003 (“the Act”). The matter has been referred to the committee for determination following formal representations being made by "other persons" namely residents living nearby concerned over additional noise the extension to hours would create together with an increase in disorderly behaviour in the area in general.

After the chair had run through the procedure to be followed and fire regulations, Mr Derek Stone presented the report on behalf of the Licensing Manager.  He reported that there had been some developments since the publication of the papers and circulated copies of additional correspondence:

i)             Lorraine Astill Environmental Health Enforcement Officer reported on her visit to the premises on 26 February regarding a noise complaint as well as visiting a neighbouring property on the evening of 4/5 March to assess the noise emanating from the DJ bass beat.

ii)            A response to this visit by the applicants regarding this noise complaint and the action taken to cancel DJs for the foreseeable future whilst a solution to the problem was being investigated.

iii)           A further letter from Mrs Catlow as one of the residents who had attended a meeting with the owners on 7^th March regarding progress being made with the issues raised by local residents, and she and her husband felt prepared to support a 1am closing time but not 1.30am for Friday/Saturday.

Mr Stone explained the layout of the licensed premises and referred to previous occasional Temporary Events Notices for the venue, and Appendix D set out the hours of opening and for sales of alcohol for other venues in the vicinity.  Conditions agreed with the police were set out in appendix E which included CCTV operation and employment of door supervisors.  He referred to the two open noise complaints, as being investigated by Ms Astill.  The report included 6 local residents' representations on grounds of disorderly and anti-social behaviour, noise and the potential that a precedent for later hours would be set for other traders.  Also Ward Councillor Hugh Mason (who apologised he could not be present) had asked that the extension should be no later than 1am on Friday and Saturday nights.  Mr Stone wished to clarify that the reference in a written representation to police attendance at a large disturbance was not correct (additional door stewards had been called in to give support). It was for the committee to have regarding to the promotion of licensing objectives, as set out in Paragraph 7 of the report.

There were no questions from any party to the Licensing Manager's presentation.

The applicants' case was then made by Will Nelson supported by James Jarmon as co-owners of the business, who had worked closely with the licensing officers and had actively engaged the neighbours to try to come to a reasonable agreement.  They wished to keep the customers at the venue for a bit longer on Friday and Saturday nights, and no other authorities had put in representations.

In response to questions from the committee members they expanded on the meetings with neighbours and reported that they had arranged the sweeping up of litter at the front of the premises at closing time and they asked patrons to respect the neighbours on their exit.  They had also confined the smoking area and had temporarily suspended the DJ  ...  view the full minutes text for item 24.

In the view of the contents of the following items of business on the agenda, the Licensing Sub-committee is RECOMMENDED to adopt the following motion:

"Under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the consideration of the following items on the grounds that the reports contain information  defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972".

The public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

(NB The exempt/confidential committee papers on the agenda will contain information which is commercially, legally or personally sensitive and should not be divulged to third parties. Members are reminded of standing order restrictions on the disclosure of exempt information and are invited to return their exempt documentation to the Local Democracy Officer at the conclusion of the meeting for shredding).

Agenda items and paragraph numbers:

4 - Local Government (Miscellaneous Provisions) Act 1976 and Town Police Clauses Act 1847 - Consideration of Hackney Carriage Driver's Licence - Mr H

Paragraphs 1, 2 and 3).

The exclusion of the press and public was not passed as consideration of the exempt item was deferred.

The committee is asked to determine this matter.

Mr Stone, on behalf of the Licensing Manager, asked that this item be withdrawn on a technical issue as the applicant Mr H had originally applied for a private hire licence and was subsequently applying for a hackney hire licence so this would require resubmission.

The committee agreed not to consider this item.