Location: Council Chamber, Daneshill House, Danestrete, SG1
Present: Members: Councillors, C. Latif (Chair), T.G.M. Kent, CC, J. Pickersgill, L.G. Strange and P. Stuart.
Others: Graham Rollings - McMullen and Sons Ltd Mr. P. Frost - Local Objector Miss N. Bennett - Local Objector Emma Rose - Licensing Officer, Stevenage Borough Council Prabhjit Sobti - Principal Solicitor, Stevenage Borough Council Lisa Jerome - Clerk, Stevenage Borough Council
Duration:
Start Time: 10.00am
End Time: 11.35am
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors H.C.L. Tessier, D.W. Cullen, B. Jackson, P.D. Kissane, L. Knight, J. Lloyd, M. Notley and M.P. Patston.
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 Royal Oak Public House, Walkern Road, Stevenage.
The Licensing Officer explained that the variations sought to:-
* Increase the hours for sale and supply of alcohol up to 2 hours at the end of the evening with a 30 minute wind down period;
_* Permit live and recorded music on a Sunday until 23.00 hours (the current Public Entertainment Licence does not permit these entertainments on a Sunday).
* Permit showing of films in the form of, video entertainment on tv screens and amusement machines.
* Permit indoor sporting events in the form of pub games that may attract an audience.
The Licensing Officer commented that the representations received related to the objectives of the Prevention of Crime and Disorder and the Prevention of Public Nuisance.
The Licensing Officer then highlighted a number of matters contained in the applicant's operating schedule which required clarification:-
1. In relation to the clearance of glass/bottles, a number of residents had expressed concerns that currently glasses from the premises were left and/or broken on the footpath and residents boundary walls at the end of the evening.
2. More detail was required as to how the applicant would achieve customers leaving the premises quietly at the end of the evening.
The Licensing Officer suggested that the applciant's agent be requested to address the above issues during presentation of their case. Members attention was then drawn to the representations received from local residents.
The Chair then invited the local resident objectors to address the hearing.
The main concerns of the local residents related to the prevention of public nuisance and crime and disorder.
* Concerns regarding additional noise which had resulted from live music and entertainment and also late night revellers leaving the premises.
* Live music had been held on Sunday evenings which can be heard above the sound of residents televisions.
* Patrons from the public house congregate directly outside the public house often for between thirty and sixty minutes talking and shouting loudly.
* The increase in noise from the public house has meant that it is impossible to sleep before closing time and the patrons have left the area.
* There are numerous public houses along the High Street where people can enjoy a late night drink in a non-residential area.
The Chair then invited the applicant to address the meeting and clarify the queries raised by the Licensing Officer during her presentation.
The applicant's agent advised that there were a number of conditions regarding control of noise already in place for the premises as part of the Public Entertainment Licence.
No complaints had been received by either the applicant or Environmental Health. The applicant was therefore unawre that there was a problem in terms of noise. However, the applicant was willing to volunteer additional conditions which are set out below.
After each party had summed up their case, the Chair asked the applicant, the objector and the Licensing Officer to leave the meeting whilst the Committee considered the evidence presented.
After taking into consideration all the evidence presented by the applicant and the objector in light of the four objectives set out in the Licensing Act 2003, the Human Rights Act 1988 and the Council's Local Licensing Policy, it was RESOLVED:-
Decision: That the application made by McMullen and Sons Ltd under Section 34 of the Licensing Act 2003 to vary the premises licence for the Royal Oak Public House, Walkern Road, Stevenage, be approved, as per the conditions stated in the applicant's operating schedule and with the following conditions/variations.
1. Between Sundays and Thursdays (inclusive) the following hours shall apply.
? Live and recorded music to cease at 23.00 hours
? Supply of alcohol to cease at 23.30 hours
? Premises to close at midnight
2. Fridays and Saturdays the following hours shall apply:-
? Live and recorded music to cease at midnight
? Supply of alcohol to cease at 00.30 hours
? Premises to close at 01.00 hours
3. The Designated Premises Supervisor shall post notices at all exits reminding customers to respect the neighbours and leave the premises promptly and quietly.
4. The Designated Premises Supervisor shall encourage patrons to leave the car park within 15 minutes of closing time.
5. The patio/outside seating area will be closed to customers at 23.00 hours every night.
6. Records of any complaints, incidents and meetings in relation to the four licensing objectives made by local residents/neighbours shall be kept by the applicant for a period of 6 years, and shall be made available at all times for inspection by Licensing Officers.
Reason for Decision: In pursuance of the licensing objectives of the prevention of crime and disorder and 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.