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Agenda, decisions and draft minutes

Agenda, decisions and draft minutes

Venue: Council Chamber - The Guildhall, Portsmouth. View directions

Contact: Jane Di Dino & Joanne Wildsmith Democratic Services tel: 9283 4060  Email: Democratic@Portsmouthcc.gov.uk

Items
No. Item

42.

Appointment of Chair

Minutes:

Councillor Ian Lyon was elected as Chair for this meeting.

43.

Declarations of Members' Interests

Minutes:

There were no declaration of members' interests.

44.

Licensing Act 2003 - Application for grant of a premises licence - South Parade Pier Limited for South parade Pier, South Parade, Southsea PO4 0SW pdf icon PDF 66 KB

The purpose of the report by the Licensing Manager is for the Committee to

consider an application for the grant of a premises licence under the Licensing

Act 2003 (“the Act”). The matter has been referred to the Committee for

determination following the receipt of a representation from a responsible

authority and also several representations from local residents.

 

The committee is asked to determine the matter.

Additional documents:

Decision:

In the matter of the Licensing Act 2003, in the application for a grant of premises license South Parade Pier, South Parade, Southsea Portsmouth PO4 0SW, the application was granted as amended and subject to conditions imposed by this Committee.

 

The Committee carefully considered the application before it for a grant of a licence and had also considered the representations made in relation to this application, both made orally and in writing.  The Committee also heard the comments of the applicant's advocate and the expert from the Responsible Authority, that being Environmental Health at Portsmouth City Council.  In addition to the information given to the Committee has included in excess of 150 representations from members of the public.

 

The hearing was required by reason of the objections being received from the Responsible Authority and members of the public, by reason of objections being received from the Responsible Authority and members of the public, by reason of this fact the discretion of the Licensing Committee is engaged to consider all matters.

 

This hearing was the first hearing of the application, the previous hearing being postponed from 31st May 2017.

 

The Committee had been informed that the original operating schedule had been amended with the applicants now confirming that they would propose a closing time of 02.30 with live music stopping at 23.00 with all other regulated entertainment to stop at 02.00(am).

 

The Committee was able to conclude that having heard and read all matters before them that the principle Licensing Objectives that are in issue pertain to: prevention of public nuisance and the prevention of crime and disorder.  There was a disconnect between what was sought by the applicants and what was objected to by the Responsible Authority and the members of the public who have made representations.  Evidence had been tendered and examined as to how noise emanating from the premises may be managed in the sense of mitigation.  In respect to the issue of noise which of itself is capable of being a public nuisance, the Committee found on a balance of probabilities the following to be established:

 

           That the current condition as to noise (as attached*) and agreed will be sufficient to assuage current concerns as to the noise level within the structure and emanating to the adjacent properties.

           It was noted that the operators through their expert (his report) accept that the current measures to avoid noise are being reviewed and improved.The condition is the minimum that is sufficient at this point.

 

Having reached to above findings the Committee was satisfied that the current level of mitigation is not such as to ameliorate the risk of noise nuisance emanating from the premise when people exit, as such and whilst balancing the evidence and the statutory guidance it is deemed appropriate to limit the provision of live music throughout the week with the operators being responsible for maintaining the noise at no higher than the agreed condition as stated later in these reasons.

 

With respect to  ...  view the full decision text for item 44.

Minutes:

(This hearing had been postponed from 31st May 2017)

 

Present

Peter Baulf, Legal Advisor

Jon Wallsgrove, Solicitor for the applicant

Derek Stone, Principal Licensing Officer

 

Interested parties making deputations

 

Richard Lee (accompanied by Richard Maidment) PCC Environmental Health

Plus residents.

 

The Chair welcomed everyone to the meeting and explained the fire procedures in case of a fire alarm.  He asked everyone present to introduce themselves. 

 

At the start of the hearing Peter Baulf, Legal Adviser, reported the request by the applicant's solicitor for a 20 minute break to "narrow the issues"; this was agreed to by the Panel, who were in receipt of the late acoustic report submitted by the applicant. The hearing was adjourned until 9.50am at which point Mr Wallsgrove reported on behalf of his client that discussions had been held with the Environmental Health officers regarding noise levels and mitigating measures to come to agreement regarding the imposing of a noise condition. This would therefore allow the release of the applicant's expert witness Mr Vine. The Chair confirmed that the two acoustic reports had been received and read by the panel and asked questions on how the proposed condition would be enforced, if wind and tide levels had been taken into account and the effect of opening doors and windows on the premises. Whilst some of this would be answered in the main presentation on behalf of the applicant, it was reported that the equipment would be sealed by the Local Authority to guard against tampering. Mr Wallsgrove reported that his client would be fitting secondary glazing and the proposed condition would set the noise at an appropriate level in discussion with Environmental Health. He would also explain the licence arrangements including the shadow licence for some of the units. The 'off-licence' issue was also raised and one of the resident objectors, Mr Reis, wished to raise his concerns, at which point the legal adviser suggested that the committee should hear more about the application, returning to the set procedure for the meeting.   Mr Lee, Regulatory Services Manager, confirmed that the agreed external noise condition would be suitable, at which point the Chair confirmed that the applicant's expert Mr Vine could be released as requested.

 

Mr Stone, the Principal Licensing Officer introduced the Licensing Manager's report and reiterated the information given on the amendments to opening times (as set out at the end of section 2 of his report). He drew members' attention to the maters that they should have regard to (section 7 of his report) and the main areas of objection had been regarding potential noise, anti-social behaviour and public nuisance and the impact these may have on residents.  Appendix E of the report set out the conditions agreed with the police and there had been additional information circulated as submitted by the application regarding the acoustics which had led to the earlier discussion and agreement of an additional noise condition following engagement between environmental health and the applicant. 

 

There were no  ...  view the full minutes text for item 44.