Location: Council Chamber, Daneshill House, Danestrete, SG1
Present: Members: Councillors, H.C.L. Tessier (Chair), C. Latif (Vice-Chair), J. Lloyd, Mrs L.G. Strange and P. Stuart.
Others: Steven Gill - McMullen & Sons Ltd Jason Lockwood - Licensee, The Almond Tree Scott Grant - Environmental Health, Stevenage Borough Council 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: 10.55am
Status: Noted
Business: Apologies for absence were received on behalf of Councillors D.W. Cullen, CC, B. Jackson, T.G.M. Kent, CC, P.D. Kissane, L. Knight, JP, M.P. Patston and J.A. Pickersgill.
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 Environmental Health Officer.
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 Almond Tree, Public House, Lonsdale Road, Stevenage.
The Licensing Officer explained that the variations sought to:-
* increase the hours for sale and supply of alcohol to 12 midnight, 7 days a week, plus a 30 minute wind down period therefore closing at 00.30 hours;
* to permit live music, karaoke and discos until 23.00 hours, 7 days a week;
* to permit showing of films;
* to permit indoor sporting events
The Licensing Officer commented that Environmental Health has made representations on the grounds of the Prevention of Public Nuisance. Letters of objection had also been received from local residents relating to Public Nuisance and Crime and Disorder. Although no residents were in attendance at the hearing, the Licensing Officer advised that the Members should take their written representations into account during their deliberations.
The Chair then invited the Environmental Health Officer to address the hearing.
The Environmental Health Officer advised that whilst there was no history of complaints relating to noise from the premises, concerns were that the increase in hours and the provision of live music is likely to cause a nuisance to local residents. The Environmental Health Officer then recommended a number of conditions, which had already been discussed with the applicant, to prevent public nuisance.
The Chair then invited the applicant to address the meeting.
The applicant's agent advised that the Almond Tree was a family friendly public house and the application for the variation was consistent with this. In terms of the prevention of public nuisance conditions had been volunteered and accepted by the Environmental Health Officer which would address any concerns regarding noise and music noise.
In respect of the representations made by local residents relating to crime and disorder, it was felt that there was a general problem of anti-social behaviour in this area which was not particularly to do with the Almond Tree. However, a number of conditions were volunteered to address some of the concerns relating to crime and disorder.
The Chair then asked the applicant, the Environmental Health Officer 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 Almond Tree, Lonsdale Road be approved, as per the conditions stated in the applicant's operating schedule and with the following additions/variations.
1. The DPS or his/her deputies will ensure that tables are cleared of glassware regularly and will monitor customers to ensure open glasses/bottles are not taken from the premises.
2. No live or recorded music will be played in or transmitted to the external areas of the premises.
3. The Manager and staff will encourage customers to leave quietly.
4. The premises supervisor shall monitor the volume of music emanating from the premises and adjust the volume of any music to ensure that any amplified sound from the licensed premises does not cause a public nuisance. The premises supervisor can ensure that music from the premises does not cause a public nuisance by ensuring that the music is inaudible at the boundary of any properties where the occupiers are likely to be sensitive to noise.
5. The patio/outside seating area will be closed to customers at 23.00 hours every day.
6. The premises will post notices at all exits reminding customers to respect our neighbours and to leave the premises promptly and quietly.
7. The premises will post notices in the car park reminding customers to respect our neighbours and to leave the premises promptly and quietly.
8. Customers will not be permitted to take open containers beyond the curtilage of the premises licence holders property.
9. During live musical entertainment, discos, karaoke and entertainment of a similar nature, doors and windows will be kept closed except for the ingress and egress of customers.
Reason for Decision: In pursuance of the Licensing objectives of the prevention of public nuisance and 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 decision.