Location: Council Chamber, Daneshill House, Danestrete, SG1
Present: Members: Councillors, H.C.L. Tessier (Chair), C. Latif (Vice-Chair), P.D. Kissane and P. Stuart
Others: Matthew Turner - Counsel for Greemne King Pub Partners Rob Tayler - Licensee, King Pin Public House Mr. & Mrs Bolam - Local Objector James Dempsey - Local Objector Miss S.Harding - Local Objector Emma Rose - Licensing Officer, SBC Prabhjit Sobti - Principal Solicitor, SBC Jackie Cansick - Clerk, SBC
Duration:
Stated at 10.00 a.m.
Ended at 12.34 p.m.
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors D.W.Cullen,CC, B.Jackson, T.G.M.Kent,CC, L.Knight, JP, J.Lloyd, M.Notley, M.P.Patston, J.A.Pickersgill and L.G.Strange.
There were no declarations of interest.
Decision:
Status: Agreed
Business: All parties noted the procedure for the hearing that had been circulated with the agenda papers for the meeting.
Decision:
Status: Agreed
Business: The Clerk introduced the Licensee, Counsel for the Applicant and the local objectors present at the hearing.
The Chair welcomed all parties to the hearing and introduced the Members of the Committee and the officers in attendance.
The Licensing Officer outlined her report. She informed the Committee that since the despatch of the agenda Environmental Health had withdrawn the objections submitted as agreement had been reached with Greene King Pub Partners on a number of additional conditions, details of which had been circulated around the Chamber and a copy has been placed on the Minute file.
The Licensing Officer stated that she had not discussed the new conditions with the local objectors. The objections submitted related to the prevention of public nuisance and the prevention of Crime and Disorder.
In response to a question from a Member, the Licensing Officer confirmed that copies of the new conditions agreed between Enviromental Health and the Applicant had been provided to the objectors at the start of the meeting.
Neither the applicant nor the objectors had any questions for the Licensing Officer.
The Chair called James Dempsey (objector) to address the Committee. He explained that there was already problems of noise eminating from the pub, youths leaving the pub caused a nuisance and taxis pulled up at closing time causing a disturbance and sounding their horns.
Mr. Bolam (objector) then addressed the Committee. In addition to the concerns he had rasied in his written submission he stated that he had spoken to other local residents and there had been a problem with people leaving the pub and relieving themselves against a listed tree.
At this juncture Mr. Turner (Counsel for the applicant) raised a point of order, indicating that the objectors should restrict themselves only to those matters raised in their written submissions.
The Chair indicated that it would be up to the Committee to consider what relevance and weight to give the further matters that had been raised.
Mr. Bolam - objector, stated that there were a number of residents, who had only recently been made aware of the application for variation and they had asked him to speak for them at the meeting.
The Chair confirmed that the Committee could only consider those objections submitted in accordance with the statutory deadline.
The Chair called Miss Harding (objector). She explained that she lived in the flats overlooking the pub and there was a regular problem of noise. She was also concerned that later closing may encourage gangs of youths to cause a nuisance and the noise of cars leaving the pub would be extended later into the night. She complained that often children left outside by people using the pub also caused a nuisance and noise by playing ball games against the shutters of the shops.
Miss. Harding was asked by a Member to describe the noise she experienced and she explained that it was loud singing, music and laughter.
In response to a further question she confirmed that nuisance from the ball games was directly related to the pub as it was caused by children left outside the premises.
In response to a question from the Chair the objectors confirmed that they had not approached the licensee regarding any of the problems experienced.
Mr. Turner (Counsel for the applicant) had no questions for the objectors.
The Chair then called upon Mr. Turner to present the case for the applicant.
Mr. Turner explained that he wanted to amend details of the proposed variation as shown in the table at page 5 of the agenda. Firstly in relation to Live Music and Recorded Music & Provision of Facilities for Dancing, this was requested for Fridays and Saturdays only, Midday-23.30. He also requested the deletion of the limits to the number of events for both activities. He explained that the disco would only be the last Saturday of each month, but the deletion of the limitations to number of events would allow a greater flexibility to cater for events such as wedding parties when requested. The application for sporting and international events he requested also be withdrawn as these would be addressed through individual licence applications as and when they occurred.
Concerning Bank Holiday Mondays, the applicant was willing to vary the application for Supply of Alcohol and Opening Hours to be the same as those on a normal Sunday.
He explained that the application had been structured to provide a staggering of the time patrons left the premises; some would leave when the music ended, some when the supply of alcohol was stopped and some after drinking up time. If there were complaints from Environmental Health or local residents once the new arrangements had been in operation the licence could be modified to address long term problems. He emphasised that the King Pin was a community pub and did not attract a young clientele.
Mr. Turner stated that the Licensee, Mr Tayler was very responsible and rigourously enforced the campaign against underage drinking. Mr. Turner denied that the children playing in the area outside the pub were the children of pub users and he stated that the Licensee was happy to erect signs regarding patrons caring for their children.
Mr. Turner addressed the further conditions that Greene King had agreed with Environmental Health. He was of the view that the noise management plan would address noise issues and he added that a further condition regarding the keeping of doors and windows closed when there was live or recorded muisc would be acceptable. However, he considered that the condition 'Noise from the premises shall not be audible at the boundary of noise sensitive properties between the hours of 23.00 and 7.00 the following day' was legally inappropriate, it was too burdensome and would likely to be the subject of an appeal.
He concluded that there was a currently few problems caused by the pub and the application was only for a short extension in hours. He indicated that he also had two letters of support from residents from Archer Road.
In response to a question from a Member, Mr. Turner explained that the pub was part way through a programme of double glazing and there was extractor fans in both bars.
In response to a futher question the Licensee confirmed that he would welcome and encourage patrons to use the taxi ringback arrangements. He also answered that he would be happy to keep a log of any complaints made.
The objectors asked for clarification on the applicant's request to delete reference to a limit on the numbers of live and recorded music events. Concern was expressed that without any limits such events could be held on each of the two nights every week. The Licensee assured the Committee that this would not be the case but there would be no objections to a limit of 22 events per year.
Mr. Dempsey (objector) asked Mr.Turner about the two letters of support he had indicated that he had. Mr. Dempsey expressed the view that if these letters were accepted then the petition that he had should also be accepted. The Chair explained that there were timelimits within which written objections must be submitted. Mr. Dempsey queried why a number of local residents had not received letters from the Police and had not therefore known about the application. At this juncture the Licensing Officer explained the regulations regarding the requirement for notices to be placed and that the letter from the Police was outside the requirements of the legislation. She added that the Licensing Authority i.e. the Council, was not permitted to canvass views on licence applications.
The objectors and the applicant's representative all then made closing statments.
The Chair then requested the applicant's party, the objectors and the Licening Officer to leave the meeting whilst the Committee considered the evidence presented.
Following due consideration all parties were invited back into the meeting.
The Chair announced the decison as follows -
Decision: After taking into consideration all the evidence presented from the applicant and objectors in the light of the four licensing objectiives set out in the Licensing Act 2003, the Human Rights Act 1988, and the Council's Local Licensing Policy, it was RESOLVED :-
1. That the Committee noted that the applicant had withdrawn reference to non standard timings for sporting event/national and international events from the application, and for such events special applications will be made as when required.
2. That the application made by Green King Brewing and Retailing Limited under Section 34 of the Licensing Act 2003 to vary the premises licence for the King Pin Public House, Archer Road. Stevenage be approved, as per the conditions stated in the applicant's operating schedule, excluding the and with the following additions/variations:-
i) A noise management plan be devised and put into operation at the premises. This plan to be submitted to the Licensing Authority before the licence commences.
ii) When there are live music or amplified music events, all outside doors and windows shall be closed. This means doors return to the closed position, but are not locked in order to allow access and egress.
iii) Prominent clear and legible notices should be displayed at all exits requesting customers to respect the needs of local residents and to leave the premises and area quietly.
iv) No music (recorded or live) shall be played outside the premises.
v) The outside drinking area only to be used up until 23.00
vi) Live Music and Recorded Music events to be confined to Fridays and Saturdays 12.00 - 23.30, limited to a maximum of 22 events per year. The Licensee to maintain a log of these events to be available at all reasonable times for inspection by the Licensing Authority.
vii) Records of any complaints, incidents and meetings in relation to the four licensing objectives made by local residents/neighbours shall be kept by the Licensee for a period of 5 years, and shall be made available at all reasonable times for inspection by the Licensing Authority.
viii) The Supply of Alcohol and Opening Hours on Bank Holiday Mondays are to be the same as those on a normal Sunday.
Reason for Decision: In pursuance of the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder.
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.