Location: Council Chamber, Daneshill House, Danestrete, Stev
Present: Members: Councillors, H.C.L. Tessier (Chair), C. Latif (Vice-Chair), L. Knight, J.P., J. Lloyd and P. Stuart Prabhjit Sobti- Principal Solicitor, Stevenage Borough Council Sue Hirst and Lisa Jerome - Clerks, Stevenage Borough Council
Others: Michael Kane, Camelot Inns and Taverns Ltd (Applicant) Michelle Turner, Camelot Inns & Taverns Ltd. (Operations Manager) Jay Brown, Licensee (Twin Foxes) Sergeant Stephen Lerpiniere - Hertfordshire Police Keith Wylde - Petitioner and Local Resident (Objector) Jonathan Taylor - Petitioner and Local Resident (Objector) David Davies - Local Resident (Objector) Richard Evans - Head of Licensing, Stevenage Borough Council Emma Rose, Licensing Officer, Stevenage Borough Council
Duration:
Start Time: 6.10pm
End Time: 7.10pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors D.W. Cullen, CC, B. Jackson, T.G.M. Kent, CC, P.D. Kissane, M. Notley, M.P. Patston, J.A. Pickersgill and Mrs. L.G. Strange.
There were no declarations of interest.
Decision:
Status: Noted
Business: The parties noted the procedure for the hearing which had been circulated with the Agenda papers for the meeting.
Decision:
Status: Not Agreed
Business: The Chair welcomed all parties to the hearing and introduced the Members of the Committee and officers in attendance.
The Clerk introduced the applicant and the objectors present at the hearing.
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 Twin Foxes Public House, Rockingham Way, Stevenage.
The Licensing Officer explained that the applicant sought to increase the hours allowed for the sale and supply of alcohol up to 23.30 hours Sunday to Thursday and 00.30am Friday and Saturday as standard, and until 01.00 hours on Friday/Saturday/Sunday/Monday of all Bank Holidays and on a further 30 occasions at the applicant's discretion. The applicant also sought approval for 30 minutes additional operating time, after the latest hour for licensable activities, as well as permit regulated entertainments comprising live music, recorded music including karaoke, pub games in front of an audience, video entertainments, facilities for music and dancing and hot food/drink after 23.00 hrs.
The Licensing Officer highlighted a number of matters which required consideration:-
(1) There was a discrepancy between the summary of the variation on page 8 of the application form (sale of alcohol on Bank Holidays etc. until 00.30 hours) and page 22 of the form (supply of alcohol to 01.00 hours on Bank Holidays etc.) and she invited the applicant to confirm the hours that were requested.
(2) The applicant had undertaken to provide not less than five working days' written notice to the Police when 'Event Days' were planned. The Police had previously required a condition in relation to 'Event Days' where only specific named International Events were included, with a 21 day written notice to Police and the Licensing Officer. The Committee was reminded that the Police were objecting to the application for variation in its entirety and not solely in respect of the unspecified days.
(3) These premises were limited to a maximum of 200 persons and any conditions relating to the provision of live music or dancing (other than those consistent in the the applicant's proposed operating schedule) would be suspended except where they related to public safety or the prevention of crime and disorder. This meant that the Licensing Authority could not add conditions relating to Public Nuisance from 'music entertainment' at this stage.
The Licensing Officer drew the Committee's attention to the representations received in respect of the application, namely from the Police and local resident objectors, 96 of whom had signed a petition and 13 of whom had sent individual letters of objection of a similar nature.
The Chair asked if Members of the Committee wished to question the Licensing Officer. There being no other questions from the Applicant, the Police or the Objectors, the Chair then invited those that had submitted representations/objections to address the Committee.
Sergeant Stephen Lerpeniere, Hertfordshire Constabulary, informed the Committee that the main objection of the Police was on the grounds of the applicant's inability to meet the crime and disorder objective. There had been 25 calls to the Twin Foxes this year, compared to 27 calls in total the previous year. The majority of these calls had been disturbance/fight related and the Police were concerned that the variation applied for would exacerbate the incidents of disorder.
The Chair invited the Committee to question Sergeant Lerpiniere, as a result of which he confirmed that it was difficult to compare the number of incidents at the Twin Foxes with the number of incidents at other Public Houses within the Borough, as the location and clientele varied from one public house to another.
The applicant declined to question Sergeant Lerpiniere.
The Chair invited the local resident objectors to address the Committee. They explained that there had already been many disturbance incidents connected with the Twin Foxes Public House and feared that any extra licensing hours would increase these problems. The objectors also drew attention to the noise nuisance associated with the area outside the Twin Foxes being used to play football at night time, cars pulling up on that area late at night playing loud music, and pub windows being left open when music was being played inside the premises.
The Chair then invited the Committee and applicant to question the objectors. The applicant asked if the objectors agreed that the Twin Foxes was serving the younger members of the community. The objectors stated that they did not feel that the Twin Foxes served the community in its entirety.
The applicant then proceeded to address the Committee and clarified the Licensing Officer's query referred to in sub paragraph (1) of this minute, by confirming that the sale of alcohol on Bank Holidays, etc. in the variation application should read until 00.30 hours, and not until 01.00 hours.
The applicant gave the background to his application and pointed out to the Committee that, by extending hours for the sale of alcohol and increasing the 'wind down' time, the intention was to avoid 'binge' drinking and provide a more balanced reaction at closing time.
He also referred to other areas of improvement that had been identified for the Twin Foxes and pointed out that its public entertainment licence had been renewed over the previous five years without comment.
The applicant informed the Committee that he had been in discussions with the Licensing Team at Hertfordshire Constabulary, and he circulated a revised application for variation in the light of these discussions. The applicant stated that, in view of residents' concerns, he was proposing to reduce his application for 6 extra hours to 1.5 hours per week, and closing times would be 11.30pm Sunday - Thursday and 12.00 midnight Fridays and Saturdays, with the last drinks to be served half an hour earlier.
The Chair then invited the Committe to question the applicant, during which concerns were raised relating to arrangements for clientele leaving the premises, the possibility of sound-proofing the premises, the use of the paved beer garden area, the playing of music and the proximity of the Twin Foxes to residential dwellings.
The Chair then invited the objectors to question the applicant during which they reiterated their concerns in respect of the level of noise emanating from the Twin Foxes, the number of distrubance incidents connected with the premises, and the broken glass left on the nearby streets.
After each party had summed up their case, the Chair asked the applicant, the Police Officer, local resident 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 objectors in the light of the four objectives set out in the Licensing Act 2003, the Human Righs Act 1988, and the Council's Local Licensing Policy, it was RESOLVED:
Decision: That the application made by Camelot Inns and Taverns Ltd under Section 34 of the Licensing Act 2003 to vary the premises licence for the Twin Foxes, Rockingham Way, Stevenage be refused.
Reason for Decision: The Licensing Committee is not satisfied that Camelot Inns & Taverns Ltd are meeting the prevention of crime and disorder objective at the Twin Foxes Public House at this time.
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.