Location: Council Chamber, Daneshill House, Danestrete, Stev
Present: Members: Councillors, H.C.L. Tessier (Chair), C. Latif (Vice-Chair), D.W. Cullen, CC, P.D. Kissane and M. Notley. Philip Westmacott - Solicitor, SBC Sue Hirst, Committee Clerk, SBC.
Others: Lisa Minney, The Man in the Moon (Applicant) David Pennell, Applicant's Agent Alan Crease, Environmental Health Officer Richard Evans, Head of Licensing, SBC.
Duration:
Start Time: 6.00pm
End Time: 7.35pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors B. Jackson, T.G.M. Kent, L. Knight, J. Lloyd, M.P. Patston, J.A. Pickersgill, Mrs. L.G. Strange and P. Stuart.
There were no declarations of interest.
Decision:
Status: Noted
Business: The parties noted the procedure for the hearing which had been circulated with the Agenda papers for the meeting.
Decision:
Status: Agreed
Business: The Chair welcomed all parties to the hearing and introduced the Members of the Committee and officers in attendance.
The Clerk introduced the applicant, the applicant's agent and the objectors present at the hearing.
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 Man in the Moon, Broadwater Crescent, Stevenage.
The Licensing Officer pointed out that the applicant did not currently have a public entertainment licence which would allow live music with more than 2 performers, karaoke, discos, etc. This would be permitted if the variation was granted.
The Licensing Officer also explained that the applicant sought to increase the hours allowed for the sale and supply of alcohol up to two hours per day and also sought to provide live music up to 30 minutes before closing time.
The Licensing Officer sought clarification from the applicant's agent regarding the unspecified event days referred to in the Non-Standard Timings Section of the application.
The Licensing Officer drew attention to the representation received from the Council's Environmental Health Officers in respect of the history of noise complaints relating to music from these premises and concerns regarding the prevention of public nuisance.
There had been no other representation received in respect of this application.
The Chair asked if Members of the Committee wished to question the Licensing Officer. There being no questions from Members, the Chair asked the applicant's agent if he wished to question the Licensing Officer. The applicant pointed out that the application for additional hours related only to Fridays and Saturdays, with an extra 30 minutes drinking up time for Sundays to Thursdays.
The Chair then invited Alan Crease, the Council's Environmental Health Officer, to address the Committee.
Alan Crease informed the Committee that the premises in their current state had the potential for noise nuisance, and he circulated a proposed schedule of works and suggested conditions. He believed that the Schedule of Works had been agreed with the developers currently working on the site of the Man in the Moon, and the applicant confirmed that verbal agreement had been received from Enterprise Inns that these works would be undertaken.
The Chair invited the Committee to question the Environmental Health Officer. Questions were posed relating to the proximity of residential properties to the Man in the Moon, the history of the complaints and whether the proposed conditions had been agreed with the applicant.
The applicant's agent then proceeded to address the Committee and clarified the Licensing Officer's query regarding unspecified ev
Decision: That the application made by Lisa Minney, under Section 34 of the Licensing Act 2003 to vary the premises licence for the Man in the Moon, Broadwater Crescent, Stevenage be approved, as per the applicant's operating schedule subject to the following and subject to the withdrawal of any event days from the Non-Standard Timings Section of the schedule:-
1. An additional leaf of secondary glazing shall be fitted to the interior of the bay window at the south-eastern end of the bar. Likewise the glazing on the north-east elevation, which faces onto the rear car-park. The glazing shall be of either safety glass or polycarbonate to a thickness of 5mm and the gap between the leaves of glazing shall be at least 100mm.
2. The extract fans in the premises shall all be equipped with acoustic terminations. The general principle of the design of these devices has been communicated to the applicant via the architects and contractors for the current refurbishment.
3. All the above schedule of works to be completed to the satisfaction of the Environmental Health Division. In particular, the design and construction of the acoustic terminations to the extract fans must be agreed precisely with the EHO, as there are considerable variations in the mounting locations of the units and this may have the effect of causing a standard design to be ineffective after installation.
4. When entertainments (film/video/karaoke/live music/quizzes/discos, any other entertainment that is amplified etc.) are in progress, all the doors and windows shall be closed. This means doors return to the closed position, but are not locked; access and egress is maintained.
5. Live music/karaoke etc. shall finish by 11pm on Mondays - Thursdays, and by 12 midnight on Fridays and Saturdays provided a noise limiter is installed in respect of the latter. Only jukebox music shall be permitted thereafter, provided it is not audible externally. All windows and doors shall remain closed throughout. No music to be emitted through any external loudspeakers.
6. There should be no service of alcohol or refreshment on the front terrace of the premises after 11 p.m. The manager/tenant/landlord shall
use their best endeavours to obtain the co-operation of their patrons in this respect.
7. All windows and doors shall be kept closed during the extended operational hours and at all times when musical entertainments are taking place.
8. When entertainments are taking place whether it be live or recorded music, karaoke, discos, quizzes etc. the level of noise emitted from the premises shall not be sufficient to cause a statutory nuisance. After 11pm noise emitted from the premises shall be inaudible at any residential premises.
9. The applicant shall prepare and thereafter ensure that the premises are managed and operated in accordance with a Noise Management Plan, which shall also be subject to the prior approval of the Council's Environmental Health Department. This should document some of the measures already in place such as:-
? Boundary checks for audibility of music and use of the sound system,
? The control of noise in the car park area to the side of the premises,
? Requesting people to leave quietly,
? At all times, the management shall direct that patrons leave the premises only via the lobbied front entrance door,
? Ensuring that all ground floor doors and windows are kept closed when regulated entertainment is taking place,
? The use of the front terrace area and rear garden,
? No external disposal of refuse, cans or glassware after 11pm,
? Any other actions that would assist in reducing the possibility of nuisance caused to the surrounding area. The noise management plan should be submitted to the Licensing Authority 1 month before the licence commences at the second appointed day on the 24th November 2005.
Reason for Decision: In pursuance of the licensing objective of the prevention of public nuisance.
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 decision.