Location: Council Chamber, Daneshill House, Danstrete, SG1 1
Present: C. Latif (Vice-Chair in the Chair), J. Lloyd, CC and Mrs L.G. Strange.
Others: Sue Poppleston (Applicant's Agent), Diane Gordon (Applicant), Mike Caternach (Applicant), Alan Loffler (Applicant), Sergeant Lerpiniere and Sergeant Thorne - Hertfordshire Police, Councillor Michael Downing (Representing Mr. & Mrs. Moules and Mrs. McRailld), Mr. Killick (representing Jonathan and Maria Pritchard), Mrs. Helen Shaw, Mr. T. Sayer, Philip Baxter - Licensing Officer, SBC, Philip Westmacott - Legal Services, SBC and Lisa Jerome - Clerk, SBC.
Duration:
Start Time: 6.00p.m.
End Time: 7.30p.m.
Status: Noted
Business: Apologies for absence were received from Councillors D.W. Cullen, B. Jackson, T.G.M. Kent, P.D. Kissane, L. Knight, M. Notley, J.A. Pickersgill, Mrs. L.G. Strange and H.C.L. Tessier.
Councillor M Patston declared an interest in Item 3 relating to Kyba, 56-58 High Street, Stevenage as he knew the Applicant for the License. Councillor Patston left the meeting.
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 Chair introduced the Members of the Committee and the officers in attendance to the applicant and objectors.
The Clerk introduced the applicant, the applicant's agent and the objectors.
The Licensing Officer informed the Committee that the application was for a new premises licence for the property which was currently empty, having previously been used as a furniture retailer.
The Licensing Officer set out the details of the application and explained that the applicant had made a proposal to reduce the maximum permitted hours in response to representations from the Police.
The Licensing Officer commented that the representations received related to the objectives of the Prevention of Crime and Disorder, Prevention of Public Nuisance and Public Safety.
The Licensing Officer then highlighted a number of matters contained in the applicant's operating schedule which requried clarification:-
* The words 'current' and 'additional' hours in paragraphs 4.1.3 and 4.2.3 need further explanation.
* The words 'existing and 'additional hours' in paragraphs 4.2.4 and 4.3.14 need further explanation.
* It is not clear which areas inside and outside the premises will be covered by CCTV.
* The reference to 'toughened glass' in paragraphs 4.2.8 is unclear whether it refers to drinking vessels, windows, or both.
The Licensing Officer suggested that the applicant's agent be requested to address the above issues during presentation of their case.
The Licensing Officer advised that a meeting had been held between the applicant and the Police regarding concerns from the Police and that agreement had been reached between the two parties regarding hours of opening and wind down times.
Members attention was then drawn to the represenations received from local residents which related to the prevention of Crime and Disorder and the Prevention of Nuisance Licensing objectives.
In particular, local residents concerns related to:-
* The inappropriate proposed hours for the sale of alcohol and the provision of entertainment.
* Public nuisance as people leave the late night drinking and entertainment.
* The amount of eating and drinking establishments already in the Old Town.
The applicant and the applicant's agent made the following response to the objections made to the applicant.
* Suitable beverages other than alcohol shall be equally available for consumption.
* CCTV is to be installed on the premises within the next six months.
* No food or drinks are to be taken off the premises thereby limiting any nuisance caused by litter.
* Live music will not be amplified. Music will remain at a level to be background music for diners. Windows do not open in the restaurant and are double glazed, limiting the noise levels heard from outside the restaurant.
After each party had summed up their case, the Chair asked the applicant, applicant's agent, Police Officers, and local resident objectors to leave the meeting whilst the Committee considered the evidence presented.
Decision: All parties were invited back into the meeting and were informed that, after taking into consideration all the evidence presented by 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:-
'That the application made by Loftcat Leisure Ltd under Section 17 of the Licensing Act 2003 to grant a new premises licence for Kyba, High Street, Stevenage be approved as per the conditions stated in the applicant's operating schedule
And subject to the following additions and amendments:-
Licensable Activities
The Application is to:
? permit live and recorded music until 00.00 hours Monday to Thursday; 01.00 hours Friday to Saturday and 00.00 hours on a Sunday
? permit performances of dance until 00.00 hours Monday to Thursday; 01.00 hours Friday to Saturday and 00.00 hours on a Sunday
? permit the provision of facilities for making music until 00.00 hours Monday to Thursday; 01.00 hours Friday to Saturday and 00.00 hours on a Sunday
? permit the provision of facilities for dancing until 00.00 hours Monday to Thursday; 01.00 hours Friday to Saturday and 00.00 hours on a Sunday
? permit late night refreshment until 00.00 hours Monday to Thursday; 01.00 hours Friday to Saturday and 00.00 hours on a Sunday
? permit the sale or supply of alcohol, both on and off the premises until 00.00 hours Monday to Thursday; 01.00 hours Friday to Saturday and 00.00 hours on a Sunday
? permit non-standard timings of all licensable activities applied for to extend from the end of permitted hours on Christmas Eve and New Years Eve respectively, to the start of permitted hours on Christmas Day and New Years Day, respectively
? permit non-standard timings of all licensable activities applied for on a Bank Holiday Sunday and Monday to those applied for on a Friday and Saturday
? permit non-standard timings of an additional hour to those applied for in respect of all licensable activities on the day when British summertime commences
Hour's premises are open to the public
? Monday to Thursday and Sunday - 08.00 - 00.45 hours
? Friday and Saturday - 08.00 - 01.45 hours
Amendments to the operating schedule
? Sub - paragraph 4.2.3 - This sub paragraph will be removed, as no additional lighting other than that provided by street lights will be provided.
? Sub - paragraph 4.2.4 - CCTV will operate at the premises comprising 4 external cameras and 12 internal cameras covering all parts of the licensed area including the entrances and exits
? Sub - paragraph 4.2.8 - Toughened shatterproof glass will be used for drinking receptacles when drinks are served in a glass receptacle
? Sub - paragraph 4.3.13 - This sub - paragraph will be removed, as no additional lighting other than that provided by streetlights will be provided
? Sub - paragraph 4.3.14 - CCTV will operate at the premises comprising 4 external cameras and 12 internal cameras covering all parts of the licensed area including the entrances and exits
? Sub - paragraph 4.3.18 - The premises will close 45 minutes after the sale of alcohol has finished. During this 45-minute period no licensable activities will take place
Police conditions accepted by Applicant
? That 3 door supervisors are employed on a Friday and Saturday from 20.00 hours until the premises closes and 2 door supervisors are employed on a Thursday from 20.00 hours until the premises closes. Other nights of the week to be left to the discretion of the licensee
? That the premises/Designate Premises Supervisor actively participates in the pub watch scheme and maintains a consistent attendance
Environmental Health conditions accepted by Applicant
? Regulated entertainment shall only take place in the areas hatched in blue on the premises plans marked: Drwg: 0502 - 16, dated 15.11.05, and 0502 - 17, dated 15.11.05
? Electrical outlets with an RCD rating of 30mA maximum shall be used for all electrical equipment used for the purposes of providing regulated entertainment
? Noise from regulated entertainments at the premises shall not be audible within residential properties, including when the windows of those residential properties are open
? The opening hours for the beer garden shall be 08.00 - 00.00 hours each day
Fire and Rescue Service conditions accepted by Applicant
? The premises will not open for trade to the public until such time as full building control approval has been received for the proposed scheme
Reason for Decision: In pursuance of the Licensing Objectives of Prevention of Crime and Disorder, Prevention of Public Nuisance and Public Safety.
Before closing the hearing, the Chair reminded all parties of their right to appeal to the Magistrates' Court within 21 days should they be aggrieved with any part of the above decision.