Location: Autun Room, Daneshill House, Danestrete, Stevenage
Present: Members: Councillors, H.C.L. Tessier (Chair), C. Latif (Vice-Chair), B. Jackson, T.G.M. Kent, CC, Mrs. L.G. Strange.
Others: Trevor Meagan - Poppleston Allen Solicitors (Applicant's Agent) Chris Gwilliam - Regional Business Manager, Mitchells & Butlers Ltd (Applicant) Sergeant Graham Storey - Hertfordshire Constabulary Sue Bedford - Environmental Health, SBC Sara Baker - Environmental Health, SBC Mr. Smithson - Local Resident (Objector) Mr. Henderson - Local Resident (Objector) Prabhjit Sobti - Principal Solicitor, SBC Richard Evans - Head of Licensing, SBC Chris Bidwell - Licensing Officer, SBC Stephen Weaver - Clerk, SBC Councillor David Royall, CC.
Duration:
Start Time: 6.00pm
End Time: 8.40pm
Status: Noted
Business: Apologies for absence were received from Councillor D.W. Cullen, CC, P.D. Kissane, L. Knight, J. Lloyd, M. Notley, M.P. Patston, J.A. 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: Noted
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 Emperors Head, Emperors Gate, Stevenage.
The Licensing Officer stated 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, Saints days, 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 application also sought approval for indoor sporting events, amplified or unamplified live music, sale of hot drink or food.
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 Emperors Head.
(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 5 local residents.
The Chair invited those that had submitted representations/objections to address the Committee.
Before the Police addressed the Committee, the Licensing Officer circulated a list to two proposed conditions recommended by the Police should the Committee be minded to grant the application. These conditions had not been agreed by the applicant/agent prior to the hearing.
Sergeant Graham Storey, Hertfordshire Constabulary, confirmed that the proposed conditions circulated, addressed the concerns expressed in his representation regarding international events and glasses, open bottles or vessels not being taken off the premises.
Sergeant Storey was asked if he could provide the Committee with relevant local crime and disorder figures. Sergeant Storey stated that there had been 11 incidents specifically related to the pub in the period of 1st January 2005 to 30th May 2005, of which 3 crimes were recorded. The applicants agent stated that there was also a Post Office, Off Licence, and takeaway in the immediate area which could also be responsible for the 11 incidents.
Sue Bedford, Environmental Health, advised that there had been a history of unlicensed entertainments at the premises. Environmental Health had concerns regarding the variation to extend the standard hours of operation and with live music as the structure was not suitable and there had been a history of complaints.
A plan of the premises was circulated by the Environmental Health Officer. Sue Bedford described where the noise break out was occurring at present when there was unlicenced entertainments. The noise break out was through the glazed front facade which was a conservatory type structure, which gave little sound proofing.
Environmental Health also stated that they had concerns regarding the noise generated by the patrons in the conservatory style area and when they exit the premises as the background noise levels in the residential area would be lower than during the existing trading periods.
Given these concerns the Environmental Health Officers recommended that the Committee do not permit the variation of the application, until the applicant have an independent expert acoustic structural survey carried out and to carry out all necessary changes to the structure of the building to enable live music and extend hours of trading to take place without causing nuisance to the neighbouring residents.
Environmental Health also raised concern over public safety with there being a history of frequent complaints of broken glass in the grassed area adjacent to the premises, used for outside drinking.
The local resident objectors addressed the Committee. One of the objectors stated that he was speaking also on behalf of an elderly neighbour. They explained that there had been instances of loud music, shouting and other noise nuisance from about 9 p.m. to closing time.
Residents stated that they were unable to open their windows at night in the summer months due to the disturbance caused by unlicenced entertainment, when patrons leave the pub at closing time and shout across the road whilst waiting for the taxis, and during the normal operating hours taxis had the habit of illegally stopping on the Pelican Crossing and sounding their horn until noticed by the patron who had ordered a taxi. The worry for the residents was that the current situation would get worse and later into the night. The residents were not aware of the pub, attempting to manage the situation with the taxis nor of them making any effort to meet with their neighbours to see if they could help local residents in anyway. The base note noises from unlicenced music could be heard even with double glazed windows closed.
The applicants agent made the following response to the objections made on the application and to questions that Committee Members, Responsible Authorities and Objectors raised:-
- The Emperors Head Public House had just undergone a refurbishment and had a new manager in place. Mitchells & Butlers were attempting to change the clientele of the pub away from a male dominated patron to a more family orientated pub providing meals. To this end the pub would be removing its subscription of Sky TV live football.
- It was not envisaged that the extended hours would be used each night, but would probably be used on Thursday, Friday and Saturday night.
- Mitchells and Butlers did not envisage a problem with noise nuisance from customers leaving the pub late at night as it was thought that this would now be staggered with a gradual departure of patrons throughout the evening. The Applicants Agent stated that this was in line with the Borough Councils Policy and was the intention of the Act.
- Mitchell and Bulter agreed to the Police's recommended conditions tabled at the meeting, but requested that the reference to the types of international sporting events quoted i.e. World Cup Football, World Cup Rubgy and the Olympics were examples of the type of event and not be restricted to these only.
- The Applicant would not require St. Davids Day and Burns Night in the list of specified days for non standard hours.
- CCTV was in place with the cameras in operation.
- The Applicant's Agent stated that they would not permit live music outside the building.
- Mitchell and Butler could carry out a noise management plan.
- The Applicant would be reluctant to carry out a full acoustic survey unless required to do so.
- The Applicant did not intend to have regular live bands each week.
- The Applicant would not permit bottles to be taken off the premises after 9.00pm
- The Applicant would speak to the taxi trade about using the car park at the rear of the pub and requesting patrons to use the 'call back' scheme. However, the applicant had no control over taxis.
- The Applicant was aware of the pub watch scheme but was not a member of it.
- The ventilation extractor fans had been serviced as part of the recent pub refit.
- An incident book was currently kept and would be available for inspection by Licensing Officers.
- The Applicant's Agent requested that the Committee consider the issues of live music and extended hours to be considered as separate issues.
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 permit the variation to the licence and impose a number of further additional conditions which the Chair asked for comments from all parties. The Applicant stated that they were content with the conditions but asked that the Committee reconsider the following issues:-
(1) The garden area be closed to the public after 9pm - could that be 10.30pm?
(ii) The playing of live, amplified or recorded music in the premises up to 11pm - could this be 11.30pm on Friday and Saturday and 11pm Sunday to Thursday inclusive?
The Objectors raised the issue if Council owned land being informally used by the applicant as part of the garden. The applicant stated that this was by agreement with the Council.
The Chair asked the applicant, applicant's agent, Police Officer, Environmental Health Officer, local resident objector and the Licensing Officer to leave the meeting whilst the Committee considered these new matters.
Decision: RESOLVED:
That the application made by Mitchells & Butlers Retail Ltd. under Section 34 of the Licensing Act 2003 to vary the premises licence for the Emperors Head, Emperors Gate, Stevenage be approved, as per the conditions stated in the applicant's operating schedule and with the following amendment, additions/variations:-
AMENDMENT TO THE OPERATING SCHEDULE AS FOLLOWS:-
(1) The deletion of Burns Night and St. David's Day from the schedule of Non-standard hours (25 days per year).
ADDITIONAL CONDITIONS TO THE OPERATING SCHEDULE AS FOLLOWS:-
(1) The garden area to be closed to the public after 10.30p.m.
(2) Prominent clear and legible notices shall be displayed at all exits requesting customers to respect the needs of local residents and to leave the premises and area quietly.
(3) The practice of placing bottles into receptables outside the premises is not to be carried out after 21:00 hours or before 09:00 hours.
(4) The playing of live, amplified or recorded music outside is not permitted.
(5) The playing of live, amplified or recorded music inside the premises up to 11.30pm on Friday and Saturday nights and 11pm on Sunday to Thursday inclusive.
(6) Taxis to be encouraged to pick up customers from the car park to prevent disturbance from customers leaving and patrons be encouraged to use the ring back scheme.
(7) Keep a record of all incidents/complaints for a period of 6 years to be made available at all reasonable times for inspection by the Licensing Officers.
(8) In the event of the transmission of the following events, for example 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 afte the end of the event;
c. The details of these events to be provided to the Police and 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.
9. No glasses, open bottles or vessels shall be taken off the premises.
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.