Location: Autun Room, Daneshill House
Present: Members: Councillors, H.C.L. Tessier (Chair), C. Latif (Vice-Chair), T.G.M. Kent, CC, and P.D. Kissane.
Others: Ron Peters, Business Relations Manager, Punch Taverns Plc. Daniel O'Brien, Licensee, The Fold Public House. Sara Baker, Environmental Health, SBC. Alan Crease, Environmental Health, SBC. Richard Evans, Head of Licensing, SBC. Chris Bidwell, Licensing Officer, SBC. Prabhjit Sobti, Principal Solicitor, SBC. Lisa Jerome, Clerk, SBC.
Duration:
Start Time: 6.00pm
End Time: 7.20pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors D.W. Cullen, B. Jackson, L. Knight, J. Lloyd, M. Notley, M.P. Patston, J.A. Pickersgill, Mrs. L.G. Strange and P. Stuart.
There were no declarations of interest.
Decision:
Status: Noted
Business: All parties noted the procedure for the hearing, which had been circulated with the agenda papers for the meeting.
Decision:
Status: Agreed
Business: The Clerk introduced the applicant, the applicant's agent and the objectors present at the hearing.
The Chair welcomed all parties to the hearing and introduced the Members of the Committee and officers in attendance.
The Licensing Officer stated that the application to be considered was for the variation of a premises licence under Section 34 of the Licensing Act 2003 in respect of the Fold Public House, Shephall Way, Stevenage.
The Licensing Officer explained that the application sought to:-
- Permit an additional hour Monday - Saturday (to close at 00.30 hours).
- Permit a further additional hour Friday - Monday every Bank Holiday, Thursday - Monday on Easter Week-end, Christmas Eve and Boxing Day (to close at 01.30 hours).
- Permit sale of alcohol, karaoke, recorded music, anything similar to making music and facilities for dancing (e.g. discos), and live music limited to 2 entertainers. All of these activities up until 30 minutes before closing time.
The Licensing Officer advised that of these licensable activities, the pub is not currently permitted to hold karaoke and discos.
The Licensing Officer then highlighted a number of matters contained in the applicant's operating schedule which required clarification:-
(1) details were invited from the applicant of the premises security system.
(2) Details were invited of the cctv system as it would be inappropriate to attach conditions about the Council run system.
(3) the applicant stated that as the vast majority of customers were local this promoted the licensing objective 'Prevention of Crime and Disorder' - it was unclear how this was applied.
The Licensing Officer suggested that the applicant/agent be requested to address the above issues during presentation of their case. Members attention was then drawn to the representations received in respect of the application from Environmental Health.
The Chair invited those that had submitted representations/objections to address the Committee.
Environmental Health made representations on Public Safety and Public Nuisance.
PUBLIC SAFETY: Environmental Health had received complaints of broken glass and bottles outside the premises and empty glasses left on the windowsills.
PUBLIC NUISANCE: There was a history of noise complaints and unlicensed entertainments at the premises. On inspection in relation to this application a prohibition notice was served to protect members of the public from exposure to the moving blade of a ventilation fan. The premises were found to be in a poor state of repair generally and Environmental Health was of the opinion that the physical structure of the building is inadequate to prevent the emission of entertainment noise.
Environmental Health recommended that the request for longer hours and live music was refused until an acoustic survey and works were carried out.
The applicants agent made the following response to the objections made on the application:-
- The Fold had a burglar alarm installed 6-8 months ago.
- The CCTV system which monitors the front of the public house and the public car park is owned and maintained by Stevenage Borough Council.
- As the majority of customers are local and many live within 500-750 yards of the pub it is felt that this was a deterrent to potential disorder.
- In terms of music noise emanating from the pub the applicant would be receptive to a condition relating to the need for all windows and doors to be kept closed during the playing of live music, karaoke and discos.
- In relation to glass outside of the premises, the applicant stated that the cleaner employed had been instructed to do a sweep around the pub first thing every morning.
- The applicant was also prepared to accept a condition relating to the hours that live music, karaoke and discos were played.
After each party had summed up their case, the Chair asked the applicant, applicant's agent, Environmental Health Officers and Licensing Officers to leave the meeting whilst the Committee considered the evidence presented.
Following due consideration, the Committee was minded to impose a number of additional conditions which are set out below. All parties were invited back into the meeting.
Decision: After taking into consideration all the evidence presented from the applicant and objectors in the light of the four objectives set out in the Licensing Act 2003, the Human Rights Act 1998, and the Council's Local Licensing Policy, it was RESOLVED:-
That the application made by Punch Taverns Plc under Section 34 of the Licensing Act 2003 to vary the premises licence for The Fold Public House, Shephall Way, Stevenage, be approved, as per the conditions stated in the applicant's operating schedule and with the following additions/variations.
1) No live music, karaoke and disco to be played after 11.00pm.
2) The Licensee to carry out boundary checks for audibility of music and use of the sound system.
3) The Licensee to ensure that windows and doors are kept closed during the playing of live music, karaoke and discos.
4) The Licensee shall respond to direct neighbour complaints and log them for inspection by Licensing officers.
5) The Licensee shall ensure that prominent clear and legible notices are displayed at all exits requesting customers to respect the needs of local residents and to leave the premises and area quietly.
Reason for Decision: In pursuance of the four licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
Before closing the hearing, the Chair reminded all parties of their right to appeal to the Magistrates' Court should they be aggrieved with any Part of the above decision.