Location: Council Chamber, Daneshill House
Present: Members: Councillors C. Latif (Vice-Chair in the Chair), B. Jackson, J. Lloyd and J.A. Pickersgill.
Others: Lisa McGarvey - McLellans Solicitors (Applicants' Agent) Mr. & Mrs. Baker - The Dun Cow Public House (Applicants) Sergeant Steve Lerpiniere - Hertfordshire Constabulary Sara Baker - Environmental Health, SBC Alan Crease - Environmental Health, SBC Emma Rose - Licensing Officer, SBC Philip Westmacott - Solicitor, SBC Ian Gourlay - Clerk, SBC.
Duration:
Start Time: 10.00am
End Time: 11.10am
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors H.C.L. Tessier (Chair), D.W. Cullen, CC, T.G.M. Kent, CC, P.D. Kissane, L. Knight, M. Notley, M.P. Patston, Mrs. L.G. Strange 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 in advance with agenda papers for the meeting.
Decision:
Status: Agreed
Business: The Chair welcomed the applicants, the applicants' agent and the objectors present at the hearing.
It was noted that none of the local resident objectors were present, and the Chair reminded Members of the Committee of the need to fully consider and give sufficient weight to the written objections submitted by these residents before coming to a decision upon the application.
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 Dun Cow Public House, 32 Letchmore Road, Stevenage.
The Licensing Officer explained that the application sought to increase the hours allowed for the sale and supply of alcohol by up to 3.5 hours per day, as detailed in the table included as part of the report; to permit live music, all types of recorded music including DJ, karaoke, jukebox, plus games in front of an audience, video entertainment, games machines, performance of dance and facilities for music and dancing; to permit indoor sporting events; and to increase the hours for late night refreshment to mirror those requested for the sale and supply of alcohol.
The Chair invited those that had submitted representations/objections to address the Committee.
Alan Crease, Environmental Health, advised that the proximity of the Dun Cow to nearby residential properties meant that there was high potential for noise nuisance. At some points there was only 20 metres between the rear wall of the pub and the walls of neighbouring properties. However, a visit had been made to the premises and a schedule of works had been agreed with the applicant to improve the acoustic condition of the building.
Alan Crease, circulated the list of proposed works, together with a list of operational conditions should the Committee be minded to grant the application.
The applicants' agent confirmed that her clients were prepared to agree to the suggested Environmental Health conditions.
Following a question from the applicants' agent, Mr. Crease confirmed that all bar one of the noise complaints in relation to the premises had been made prior to 2000, the date on which the applicants had assumed control of the pub.
Sergeant Steve Lerpiniere, Hertfordshire Constabulary, re-iterated the contents of the Constabulary's letter of objection to the application, attached as an appendix to the report. The Constabulary was objecting on the grounds of crime and disorder and public nuisance.
The applicants' agent asked if the rate of crime and disorder was greater in the Town Centre/Leisure Park than in the Old Town. Sergeant Lerpiniere confirmed that this was the case, but added that the licensed premises in the Town Centre/Leisure Park were less close to residential properties than public houses in the Old Town, such as the Dun Cow. In response to further questions from the applicant's agent, Sergeant Lerpiniere commented that there had been very few incidences of crime and disorder relating to the Dun Cow, but commented that the risk of any increase in such incidences should the application be agreed would only become apparent over a period of time following the operation of the extended opening hours.
There being no local resident objectors present at the meeting, the Chair reminded the Committee of the need to give their written objections due weight during the determination of the application.
The applicants' agent addressed the Committee, and made the following points:-
* Mr. and Mrs. Baker had run the Dun Cow since 2000, assisted by their son and daughter.
* There had been no major incidents of crime and disorder associated with the Dun Cow during that time.
* The clientele of the pub was generally aged 40+.
* The style of the premises would not be changed and Mr. & Mrs. Baker may choose not to exercise the extended hours on every day.
* The one hour 'drinking up' time allowed sufficient time for patrons to disperse. Customers would be permitted to remain inside the premises whilst waiting for taxis.
* The applicants had agreed to carry out the minor acoustic works suggested by Environmental Health.
* The applicants would restrict entry to the pub after 11.00pm, thereby preventing customers from other pubs which had already closed entering the premises.
* Only 5 local residents had objected to the application, and many of the crime and disorder/public nuisance incidents referred to in their correspondence appeared to relate to patrons returning home from other licensed premises.
* Hertfordshire Constabulary had taken a pessimistic view of the application, but should there be evidence of increase crime and disorder/public nuisance as a result of an extension of hours, then the Licensing Authority had the right to review the licence at any time.
After each party had summed up their case, the Chair asked the applicants' agent, Police Officer, Environmental Health Officers and Licensing Officer to leave the meeting whilst the Committee considered the evidence presented.
Following the Committee's deliberations on the application, all parties were invited back into the meeting to hear the decision.
After taking into account all the evidence presented from the applicants' agent 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, subject to the licensee carrying out and completing the following minor works prior to the second appointed day (24th November 2005):-
1. The fan extract/inlet adjacent to the bar door on the eastern elevation shall be fitted with an acoustic termination. Plans and Specification for this device to be supplied to Environmental Health.
2. The two windows on the eastern elevation of the public house shall be fitted with a double window system of secondary glazing. The air gap between the internal and external panes of glass shall be not less than 100mm. The secondary glazing may be demountable for maintenance, but it must be in place at times of amplified musical entertainment.
3. The bar door which gives access to the garden shall be fitted with an additional leaf of glazing to cover just the upper glazed area. The gap between the inner and outer panes shall be at least 75mm and if practicable even greater. The glazed panel of 6mm or greater, may be glass or polycarbonate at the choice of the applicant,
the application made by Mr & Mrs Baker under Section 34 of the Licensing Act 2003 to vary the premises licence for the Dun Cow Public House, 32 Letchmore Road, Stevenage be approved, as per the conditions stated in the applicant's operating schedule and with the following additions/variations:-
1. When amplified musical entertainments are taking place, the access door to the garden shall be closed. The management shall endeavour to direct patrons wishing to use the garden, to walk around the side of the pub, rather than via the garden access door. In addition, during those times of the entertainment, the management shall place a sign and/or a sash (visible from both inside and out) across the garden access door so that customers are guided in not using the door and how they may get to the garden.
2. Occupancy of the east side garden area shall cease at 10.30pm. This is the tenant's current practice. The access door between the garden and the car park shall be locked to prevent unauthorised access.
3. Entertainment noise of any kind shall be inaudible at any residential premises in the vicinity after 11pm.
4. Management shall monitor the emission of noise from the premises including monitoring at the boundaries and carry out checks to ensure that a statutory noise nuisance is not caused to any premises in the vicinity. In addition, the applicant shall prepare and thereafter ensure that the premises are managed and operated in accordance with a Noise Management Plan, which shall also be subject to the prior approval of Environmental Health, and which should be submitted to the Licensing Authority one month before the licence commences at the second appointed day (24th November 2005). This should document some of the measures already in place, such as:-
? Boundary checks for audibility of music and use of the sound system
? The control of noise in the car park
? Requesting people to leave quietly
? After 11pm, the management shall request that patrons leave the premises only via the north end car park access door
? Ensuring that all the ground floor doors and windows are kept closed
? The use of the garden area
? No external disposal of refuse, cans or glassware after 11pm
? Any other actions that would assist in reducing the possibility of nuisance caused to the surrounding area.
5. 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 5 years, and shall be made available at all reasonable times for inspection by Licensing Officers.
6. The sale of alcohol and late night refreshment on Fridays and Saturdays shall be from 10.00am to 01.00am, and the premises shall remain open until 02.00am on these days to allow for 'drinking up' time.
REASONS FOR DECISION:
(i) 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.
(ii) Condition 6 has been imposed in place of the hours requested in the application for Fridays and Saturdays (namely, sales up to 02.00am and closing at 03.00am), as the Committee was concerned of the effect on crime and disorder and public nuisance of patrons leaving the premises at these hours.