Location: Council Chamber, Danehill House, Danestrete, SG1 1
Present: Members: Councillors, C. Latif (Chair), D.W. Cullen, T.G.M.Kent, L. Knight and Mrs. L.G. Strange. Prabhjit Sobti - Solicitor, Stevenage Borough Council Sue Hirst - Clerk, Stevenage Borough Council
Others: Mr. C. Reed - Admiral Taverns Mr. Alan Palmer and Lesley Hewitt - Licensees, Rising Sun Public House Sergeant Lerpiniere - Hertfordshire Constabulary Scott Grant - Environmental Health Mr. Yarnold-Forrester - Local Resident (Objector) Mr. Cole - Local Resident (Objector) Mr. & Mrs. McKenzie - Local Residents (Objectors) Mrs. Worthy - Local Resident (Objector) Mr. Morrisey - Local Resident (Objector) Mr. & Mrs. Mould - Local Residents (Objectors)
Duration:
Start Time: 2.00pm
End Time: 3.35pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors H.C.L. Tessier, B. Jackson, P.D. Kissane, J. Lloyd, M.P. Patston, M. Notley, J. Pickersgill 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 and 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 Rising Sun Public House, Julians Road, Stevenage.
The Licensing Officer explained that the application sought to:-
* Increase the hours for sale and supply of alcohol by up to 1.5 hours per day at the end of the evening each day of the week, closing 30 minutes later at 01.00 hrs;
* To permit the sale of hot food/drink until 00.30 hrs each day of the week;
* To permit live music, all types of recorded music including DJ, Karaoke, jukebox until midnight each day of the week;
* To permit the showing of films;
The Licensing Officer commented that of the above activities, the pub is not currently permitted to hold karaoke, discos or to show films.
The Licensing Officer drew the Committee's attention to the fact that the applicant had agreed to restrict the playing of live and recorded music to Friday and Saturday evenings.
In addition, the applicant had agreed to use temporary event licences in respect of the 24 occasions other than the Bank Holidays already listed in the operating schedule.
The Licensing Officer drew the Committee's attention to the representations received in respect of the application namely the Police, Environmental Health and several local residents.
The Chair invited those that had submitted representations/objections to address the Committe.
Sergeant Lerpiniere, Hertfordshire Constabulary, made represenations on the grounds of prevention of crime and disorder and public nuisance. The primary concern was that if the hours for alcohol sales were extended, it could lead to increased incidents of crime and disorder not only in and around the premises but also within nearby residential areas.
Scott Grant, Environmental Health, made representaions on the grounds of the prevention of Public Nuisance. There was a history of noise complaints relating to music from the premises and recommendations were made for several conditions to be attached to the variation of the licence.
The local resident objectors then addressed the Committee. Representations made by all objectors centered around Public Nuisance specifically:-
(1) Noise levels of live, amplified music and voice.
(2) Noise levels of recorded music, jukebox and karaoke.
(3) Noise levels in general where any amplification is used.
(4) Street noise levels when customers leave the premises after closing time.
(5) Concerns regarding behavioural problems/public nuisance due to increase in alcoholic intake resulting from longer opening hours.
The applicant and the applicant's agent made the following response to the objections made on the application:-
(1) There had been no direct complaints to the applicant or to Stevenage Borough Council for the past 2 years.
(2) There would only be musical entertainment at the most twice per month.
(3) The applicant would survey the noise from the premises regularly and had agreed with Environmental Health to monitor noise levels.
After each party had summed up their case, the Chair asked the applicant, applicant's agent, Police Officer, Environmental Health Officer, local resident objectors and Licensing Officer to leave the meeting whilst the Committee considered the evidence presented.
Following due consideration, all parties were invited back into the meeting.
After taking into consideration all the evidence presented from the applicant and objectors in the 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 Ridgeway Licensing Services, under Section 34 of the Licensing Act 2003 to vary the premises licence for the Rising Sun Public House, Julians Road, Stevenage be approved, as per the conditions stated in the applicant's operating schedule and with the following additions/variations:-
1. The implementation of a Noise Management Plan to be agreed between the Licensee and Environmental Health prior to 24th November 2005, which must include a condition that any music played at the premises is to be at a level which is inaudible externally at residential boundaries.
2. Live music, karaoke or disco to be played only on Fridays and/or Saturdays, restricted to 2 performers in the bar, and must cease at 11p.m.
3. No music to be played outside at any time and no use of the garden to be made after 11p.m.
4. Sale of alcohol to cease at 12 midnight on all days, with a 30 minute winding down time, with the exception of non-standard days, listed in the application and special events, which would be sought through temporary events notices.
Reason for Decision: In pursuance of the licensing objectives of the prevention of crime and disorder, public safety and the prevention of public nuisance.
The applicant was reminded that he needed to apply for an indoor sporting licence for the playing of darts and pool team events.
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.