Location: Council Chamber, Daneshill House, Danstrete, SG1 1
Present: Members: Councillors C. Latif (Chair), L. Knight, J.P., J. Lloyd, CC, J.A. Pickersgill and Mrs. L.G. Strange.
Others: Mr. J. Brilliant - Counsel Greene King Brewing & Retailing Ltd. Mrs. L. Ward - Tenant, White Horse Public House Mr. K. Ward - Tenant, White Horse Public House Sergeant Stephen Lerpiniere, Hertfordshire Constabulary Scott Grant - Environmental Health Officer, Stevenage Borough Council Mrs. A. Smith - Local Resident, Objector Emma Rose, Principal Solicitor, Stevenage Borough Council. Lisa Jerome, Clerk, Stevenage Borough Council
Duration:
Start Time: 10.00am
End Time: 11.20am
Status: Noted
Business: Apologies for absence were received on behalf of Councillors H.C.L. Tessier, D. Cullen, CC, B. Jackson, T.G.M. Kent, CC, P.D. Kissane, M. Notley, M.P. Patston 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, the Police representative, the Environmental Health Officer and the local resident objector.
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 White Horse Public House, Albert Street, Stevenage.
The Licensing Officer explained that the variations sought to:-
* Increase the hours for sale and supply of alcohol by up to 2 hours at the end of the evening with a 30 minute wind down period;
* To permit live music and discos until 23.00 hours Thursday, Friday and Saturday;
* To permit live music and discos until 18.00 hours - midnight on 15 special occasions (on any night).
The Licensing Officer commented that representations had been received from the Police, Environmental Health and from local residents. The representations received related to the objectives of the Prevention of Crime and Disorder and the Prevention of Public nuisance.
The Licensing Officer advised that there had been an error in the application form submitted by Greene King in that karaoke should have been included in their original form along with music and discos.
The Chair then invited the representative from the Police to address the hearing.
Sergeant Lerpiniere stated that the public house was bordered by residential properties throughout and the police had genuine concerns about additional disorder if the extended hours were granted. The extension of hours would exacerbate the issue of disorder, as patrons were more likely to become intoxicated.
The Chair then invited the Environmental Health Officer to address the hearing.
The Environmental Health Officer advised there had been a history of noise complaints over several years relating to music emanating from the premises. The premises was, however, under new management and after extensive discussions with the new licensees, it was felt that they fully understood their roles and responsibilities in respect of controlling noise disturbance to their neighbours.
In spite of the new licensees, concerns were still an issue regarding the extension of hours and the provision of live music and a number of conditions to the licence were suggested by the Environmental Health Officer.
The Chair then invited the local resident objector, and lead petitioner to address the meeting.
Concerns from the local resident objectors were on the grounds of the prevention of public nuisance and crime and disorder. Particularly due to the noise of the music and general noise from people leaving the public house and the back/side door continually banging. The variation to the application would only result in an increase in the music noise and in noise from people leaving later.
The Chair then invited the applicant to address the meeting.
The applicant's agent confirmed that the application for the variation would be for no more than two performers in a bar, karaoke should be included in the section for recorded music and disco and the applicant was willing to reduce the number of special events from 15 to 12 per year.
The applicant's agent also advised that the applicants were willing to accept most of the conditions suggested by the Environmental Health Officer during his presentation. The applicant was also prepared to give 21 days notice to the Police and the Licensing Authority of the 12 special events per year.
After each party had summed up their case, the Chair asked the applicant, the objectors 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 Greene King Brewing and Retailing Ltd to vary the premises licence for the White Horse Public House, Albert Street, Stevenage be approved, as per the conditions stated in the applicant's operating schedule and with the following additions/variations:-
1. To limit live music to 'two entertainers in a bar' at any one time.
2. That 21 days notice be given to the Police and Licensing Officer of the 12 special events per year allowing music until midnight.
3. That all music noise should be inaudible outside the curtilage of the Public House.
4. The use of the seating area outside of the public house should case at 10.30pm.
5. No music (recorded or live) to be played outside the premises.
6. 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.
7. All doors and windows to be kept closed during the playing of live music.
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.