Location: Council Chamber, Daneshill House, Danestrete, SG1
Present: Members: Councillors, C. Latif (Chair), B. Jackson, T.G.M. Kent, CC, M. Notley and J.A. Pickersgill.
Others: Steven Gill, McMullen & Sons Ltd Caroline Kiff, Licensee, Prince of Wales Public House Mrs. Cindy Pike, Local Objector Emma Rose, Licensing Officer, SBC Prabhjit Sobti, Principal Solicitor, SBC Lisa Jerome, Clerk, SBC.
Duration:
Start Time: 6.00pm
End Time: 7.00pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors H.C.L. Tessier, D.W. Cullen, P.D. Kissane, L. Knight, J. Lloyd, 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 with the agenda papers for the meeting.
Decision:
Status: Agreed
Business: The Clerk introduced the applicant, the applicant's agent and the 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 Prince of Wales Public House, Albert Street, Stevenage.
The Licensing Officer explained that the application sought to:-
* increase the hours for sale and supply of alcohol by up to 2 hours at the end of the evening with a 30 minute wind down period.
* permit live music, karaoke and discos until 12 midnight on Friday/Saturday and 23.00 hrs on Sunday - Thursday.
* permit showing of films.
* permit indoor sporting events.
The Licensing Officer commented that the representations received related to the objectives of the Prevention of Crime and Disorder and the Prevention of Public Nuisance. The operating schedule submitted by the applicant showed that the licensing objectors would be met by applying conditions 1-11 set out below.
The Licensing Officer drew the Committee's attention to the representations received in respect of the application in the form of a petition representing 58 addresses.
The Chair then invited Mrs. Pike, representing the lead petitioner to address the Committee.
Mrs. Pike's representations on behalf of the lead petitioner and other residents on the petition centred around public nuisance and crime and disorder specifically:-
* The Prince of Wales was situated in a residential area of Stevenage populated mainly by elderly and infirm residents living in sheltered accommodation.
* The residents already experience distrubances around the current closing time, customers of the pub banged on windows late at night and generally behaved in a loud and sometimes abusive manner.
* Whilst the residents accepted that living near to a public house is bound to cause some disturbance, late night opening was not suitable due to its close proximity to flats and houses.
* The pub had no car park and so customers generally park in Albert Street. This means that customers of the pub using their cars would be parking their vehicles directly outside of homes, disturbing residents as they leave. At present they can cope with the disturbance just after 11.00pm but do not feel it would be acceptable after 1.00am.
The applicant then proceeded to address the Committee.
The applicant stated that the Prince of Wales was a community/family friendly public house. The extension of time applied for, provides for a 30 minute extension to opening hours after the end of the sale of alcohol with continued sales of non alcoholic refreshments. This would promote gradual and orderly dispersal of customers.
The applicant also stated that due to the proximity of other public hourses in the localitty the concerns expressed by the local objectors in terms of public nuisance could not be put down to the Prince of Wales customers with any certainty.
The applicant did, however, volunteer to add further conditions to the licence as detailed in conditions 12, 13 and 14 as set out below.
After each party had summed up their case, the Chair asked the applicant, applicant's agent, local objector and Licensing Officer to leave the meeting whilst the Committee considered the evidence presented.
Following due consideration, all parties were invited back into the meeting.
Decision: After taking into consideration all the evidence presented from the applicant and objectors, in the light of the four licensing 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 McMullen and Sons Ltd under Section 34 of the Licensing Act 2003 to vary the premises licence for the Prince of Wales Public House, Albert Street, Stevenage be approved, as per the conditions stated in the applicant's operating schedule and with the following conditions/variations:-
1. Providing for 30 minute extension of opening hours after the end of the sale of alcohol with continued sale of non alcoholic refreshments will promote gradual and orderly dispersal of customers.
2. Disruptive customers, known drug dealers/dealers entering the premises will be refused service and will be asked to leave.
3. The will be no serving of drunks.
4. The premises will always have a range of soft drinks on sale.
5. The premises licence holder will ensure all bar staff are trained in relation to the legislation relating to the sale of alcohol to drunken persons.
6. The pub will be a member of local Pubwatch scheme.
7. The DPS or his/her deputies will ensure that tables are cleared of glassware regularly and will monitor customers to ensure glasses/bottles are not taken from the premises.
8. No music will be played in or transmitted to the outside drinking area.
9. The patio/outside seating area will be closed to customers at 23.00hrs Sunday - Thursday and at midnight on Friday and Saturday.
10. The premises supervisor shall monitor the volume of music and noise emanating from the premises and adjust the volume of any music to ensure that any amplified sound from the licensed premises does not cause a public nuisance by ensuring that the music is inaudible at the boundary of any properties where the occupiers are likely to be sensitive to noise.
11. The manager and staff will encourage customers to leave quietly.
12. The Manager will post notices at all exits reminding customers to respect the neighbours and leave the premises promptly and quietly.
13. The designated Premises Supervisor will make reasonable efforts to ensure that no customers loiter outside the premises after closing time.
14. That there is a limit on performers to 2 in a bar.
15. 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 times for inspection by Licensing Officers.
Reason for Decision: In pursuance of the licensing objectives of the prevention of crime and disorder, and the prevention of public nuisance.
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.