Location: Autun Room, Daneshill House, Danestrete, Stevenage
Present: Members: Councillors, H.C.L. Tessier (Chair), C. Latif (Vice-Chair), D.W. Cullen, CC, P.D. Kissane and M. Notley.
Others: Peter Miller - Poppleston Allen Solicitors (Applicant's Agent) Angela Ansell - Mitchell & Butler Ltd (Applicant)Sergeant Graham Storey - Hertfordshire Constabulary Richard Evans - Environmental Health, SBC Sue Bedford - Environmental Health, SBC Mr. & Mrs. Warner - Local Residents (Objectors)Prabhjit Sobti - Principal Solicitor, SBC Emma Rose - Licensing Officer, SBC Ian Gourlay - Senior Clerk, SBC Stephen Weaver - Clerk, SBC.
Duration:
Start Time: 6.00pm
End Time: 6.55pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors B. Jackson, T.G.M. Kent, CC, L. Knight, J. Lloyd, M.P. Patston, J.A. Pickersgill, Mrs. L.G. Strange and P. Stuart.
There were no declarations of interest.
Decision:
Status: Agreed
Business:
Decision: It was RESOLVED that the Minutes of the meeting of the Committee held on 21st March 2005, having been circulated, be taken as read, confirmed and signed by the Chair as a correct record.
Status: Noted
Business: The Committee considered a report on its terms of reference, as approved by Annual Council on 18th May 2005.
Decision: It was RESOLVED that the Terms of Reference be noted.
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 Senior 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 Coopers Inn, Magpie Crescent, Stevenage.
The Licensing Officer explained that the application sought to increase the hours allowed for the sale and supply of alcohol up to 00.30am each day and up to 1.30am on 27 specified days per year (eg) Bank Holidays, Saint's days, etc. The application also sought approval to the showing of music, videos, sport and entertainment programmes, and requested an unspecified number of International Event days on which the premises could open at any time, giving 10 days notice to the Police.
The Licensing Officer highlighted a number of matters contained in the applicant's operating schedule which required clarification:-
(1) The applicant undertook to monitor the need for door supervisors and, in doing so, would take into account any advice given by the Police - it was unclear how this could be enforced.
(2) Text and/or radio pagers, where already used, would be used for any additional hours - this needed clarification, as it was not known whether text/radio pagers were currently in use at the Coopers Inn.
(3) Existing CCTV system would continue to operate during the additional hours - additional information should be obtained on the existing CCTV system, including technical specification and coverage.
(4) Reasonable steps would be taken to recognise the rights of local residents and to encourage customers to leave the premises quietly - more detail was required. Attention was drawn to the representation submitted by Environmental Health.
(5) Managers were required to liaise with local neighbours as part of their duties in order to resolve any reasonable concerns - it was unclear how this could be enforced.
The Licensing Officer suggested that the applicant/agent be requested to address the above issues during their presentation of the case.
The Licensing Officer drew the Committee's attention to the representations received in respect of the application, namely from the Police, Environmental Health and 2 local residents.
The Licensing Officer circulated a list of proposed conditions should the Committee be minded to grant the application. These conditions had been agreed verbally by the applicant/agent, Environmental Health and the Police during the negotiations that had taken place in advance of the meeting.
The Chair invited those that had submitted representations/objections to address the Committee.
Sergeant Graham Storey, Hertfordshire Constabulary, confirmed that proposed conditions (7) and (8) addressed the concerns expressed in his representation.
Sue Bedford, Environmental Health, advised that proposed conditions (1) to (6) addressed the issues raised in her representation. Although the representation suggested that the garden area of the premises should be closed to the public after 9pm, she withdrew this suggestion as the current licence permitted the garden to be open until 11.20pm.
The local resident objectors addressed the Committee. They explained that there had been instances of loud music, shouting and other noise nuisance at closing time. The Premises Manager had dealt with these issues when reported, but the objectors were seeking an assurance that these matters would be controlled should the Coopers Inn be allowed to open for longer hours.
The applicant's agent made the following response to the objections made on the application:-
- The applicant would be receptive to dealing with any noise nuisance issues associated with the premises, as was currently the case. This would be required by any approved conditions.
- There had been no record of formal action being taken against the applicant by Environmental Health regarding noise nuisance.
- The occupants of a number of neighbouring properties located nearer to the premises than the objectors' residence had chosen not to object to the application.
- The Police and Environmental Health's suggested conditions had been agreed by the applicant.
The applicant's agent referred to the five points raised by the Licensing Officer in her presentation as follows:-
(1) No door supervisors were proposed for the premises.
(2) Text/radio pagers were not yet in place, although the Coopers Inn was linked through 'Pub Watch' to a system which alerted licensing premises to rowdy individuals in the vicinity of local pubs.
(3) There was currently no CCTV system in operation at the premises - the installation of any system would need to be the subject of an agreed condition in the future.
(4) Issues in respect of noise and customers leaving the premises would be controlled through the agreed conditions suggested by Environmental Health.
(5) Liaison with local neighbours to resolve any concerns was part of the applicant's 'Role in the Community Guidelines'.
After each party had summed up their case, the Chair asked the applicant, applicant's agent, Police Officer, Environmental Health Officers, local resident objectors and Licensing Officer to leave the meeting whilst the Committee considered the evidence presented.
Following due consideration, the Committee was minded to impose a further additional condition requiring the applicant to keep records of any complaint, incidents or meetings made by local residents in respect of the premises. All parties were invited back into the meeting and the applicant agreed to the suggested additional condition.
Decision: 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:-
That the application made by Mitchell & Butlers Retail Limited under Section 34 of the Licensing Act 2003 to vary the Premises Licence for the Coopers Inn, Magpie Crescent, Stevenage be approved, as per the conditions stated in the applicant's operating schedule and with the following additions/variations:-
1. The licensee shall prepare and thereafter ensure that the premises are managed in accordance with a Noise Management Plan, which shall be subject to the prior approval of Environmental Health.
2. The licensee shall take all necessary steps to ensure that the external seating in the garden area of the premises is not used otherwise than:-
Mondays to Saturdays not being Good Friday or Christmas Day) 10.00 hrs - 23.20 hrs
Sundays and Good Friday 12.00 hrs - 22.50 hrs
Christmas Day 12.00 hrs - 15.20 hrs
19.00 hrs - 22.50 hrs
3. The double doors to the lobby to the main entrance shall be kept closed during opening hours, when not in immediate use.
4. The external area to the front of the premises and adjacent to the main entrance facing Magpie Crescent shall not be used for seating. (The existing picnic-style bench shall be removed).
5. Clear and legible notices shall be displayed and maintained at all exits requesting customers to respect the needs of local residents and to leave the premises and area quietly.
6. The showing of films shall be restricted to pre-recorded sports videos.
7. In the event of the transmission of the following events, namely World Cup Football, World Cup Rugby and Olympic Games:-
a. To open 30 minutes before the start of the event (the due kick off/start time) and close 30 minutes after the end of the event (the final whistle);
b. Licensable activities to be permitted within the above times, ensuring that the last sale of alcohol is at the end of the event (the final whistle) and the premises closes 30 minutes after the end of the event;
c. The details of these events to be provided to the Police and the Licensing Authority in writing 21 days in advance, and agreed by the Police in writing;
d. If the Police receive intelligence at ANY time prior to the proposed event that they believe may lead to conflict with the licensing objectives, they reserve the right to cancel that event with immediate effect.
8. No glasses, open bottles or vessels shall be taken off the premises.
9. 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 reasonable times for inspection by Licensing Officers.
Reason for Decision: In pursuance of the four licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
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.