Location: Council Chamber, Daneshill House, Danestrete, SG1
Present: Members: Councillors H.C.L. Tessier (Chair), C. Latif (Vice-Chair), P.D. Kissane, L. Knight, JP, and J. Lloyd, CC. Prabhjit Sobti - Principal Solicitor Sue Hirst, Committee Administrator
Others: Mr. D. Densley - Licensee, The March Hare Public House Mr. J. Tanner - Applicant's Agent Sergeant J. Moatt - Hertfordshire Constabulary Graham Clinton - Fire Authority Scott Grant - Environmental Health
Duration:
Start Time: 2.00pm
End Time: 4.35pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors D.W. Cullen, CC, B. Jackson, T.G.M. Kent, CC, M. Patston, M. Notley, J. Pickersgill, 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 Chair welcomed all parties to the hearing and introduced the Members of the Committee and Officers in attendance.
The Clerk introduced the applicant, the applicant's agent and 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 March Hare Public House, Burwell Road, Stevenage, which was situated in Stevenage's first area to be designated an 'alcohol free zone'.
The Licensing Officer explained that the application sought to:-
* Increase the hours for sale and supply of alcohol to midnight on Friday and Saturday, closing 30 minutes later;
* To permit live music and recorded music including duos, trios, disco and karaoke in line with the hours for sale and supply of alcohol;
Permit 30 discretionary Event Days per year when hours are extended for all licensable activities until midnight;
Permit films and indoor sporting events in line with hours for the sale and supply of alcohol.
The Licensing Officer drew the Committee's attention to the representations received in respect of the application, namely the Police, the Fire Authority, Environmental Health and several local residents.
The Chair invited those who had submitted representations/objections to address the Committee.
Scott Grant, Environmental Health, made representations on the grounds of the prevention of public nuisance and referred to incidents to which the out of hours noise patrol had been called to at the premises. He cited an occasion when 7 performers in a band had been witnessed playing at the premises and another occasion when the Manager had ignored the patrol's request to reduce the volume of the music. He also referred to the interest of Environmental Health and the Fire Authority regarding the positioning and fixing of doors in the premises.
Graham Clinton of the Fire Authority informed the Committee of the Fire Service's requirements in respect of these premises, particularly if an increased occupancy was to be sought. The Licensee informed the Committee that some of the measures recommended by the Fire Authority had been carried out and others would be addressed.
Sergeant Jim Moatt, Hertfordshire Constabulary, made representations on the grounds of prevention of crime and disorder and to promote public safety. He read to the Committee a log of incidents with which the Police had been involved since January 2005, including fighting inside and outside the premises, drug use and dealing, under age drinking (youths drinking from glasses outside a public house in the alcohol free zone), drug use and abuse of passers-by with spitting and the throwing of beer bottles.
There had been 75 incidents recorded by the Police in the last year at the public house and in the area immediately outside, which was very much in excess of the average number of incidents for other premises in the town.
The local resident objectors were unable to attend the hearing but the Committee's attention was drawn to their letters of objection which had raised issues relating to urinating, vomiting, swearing, under age drinking, smashed bottles, drug dealing, loud unlicensed music and vandalism of cars/properties.
The applicant and the applicant's agent made the following response to the objections made to the application.
(1) There is an off-licence within the nearby shops where young people purchase alcohol as well as two take-away food premises, which could contribute to anti-social behaviour. The March Hare does not allow glasses to be taken outside its curtilage.
The agent queried the Police log and asked if it was possible to distinguish whether the drinking/abuse was directly related to the March Hare.
(2) The Licensee had installed CCTV within the March Hare and the new Managers were doing their utmost to address issues which had arisen in the past. They would be happy to liaise with the newly appointed Police Constable for the area to improve matters further.
(3) The Licensee listed measures he was prepared to undertake to address noise concerns.
(4) There had been relatively few instances of complaint, even on music nights, and the Licensee wished to continue to provide live entertainment and had been in discussions with Environmental Health and the Fire Authority.
After each party had summed up their case, the Chair asked the applicant, applicant's agent, Police Officer, Fire Authority representative, Environmental Health Officer and the Licensing Officer to leave the meeting whilst the Committee considered the evidence presented.
Decision: All parties were invited back into the meeting and were informed that, after taking into consideration all the evidence presented by 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 Mr. David Densley under Section 34 of the Licensing Act 2003, to vary the premises licence for the March Hare Public House, Burwell Road, Stevenage, be approved bearing in mind the applicant's offer to undertake the following measures at the premises and as per the conditions stated in the applicant's operating schedule and with the amendments, additions/variations listed below (conditions 1-4(d)).
MEASURES OFFERED BY THE APPLICANT:
? Outside area within curtilage of public house to be roped off
? Garden area to be closed at 10.00pm
? Properly calibrated sound limiter to be installed
? Doors to be altered in agreement with Environmental Health and the Fire Authority
? Regular sound checks to be carried out at the boundary. A record of any complaint in relation to the four licensing objectives made by local residents/neighbours to be kept by the applicant for a period of 6 years and to be made available at all reasonable times for inspection by Licensing Officers.
CONDITIONS ATTACHED TO APPROVAL OF VARIATION OF LICENCE:
1. Half an hour wind down time to be allowed on each evening but no extension of time for the sale of alcohol to be granted except for Sundays, which shall be extended to 23.00 hours.
The premises shall close at 23.30 hours on normal days.
2. Licensable activities to be extended by half an hour on Bank Holiday Saturdays, Sundays and Mondays except for live and recorded music, which must finish at 23.00 hours.
3. Live and recorded music, disco and karaoke to be permitted in line with the hours for sale and supply of alcohol on normal days, with no more than two performers at any one time in the bar.
4. In the event of the transmission of the following events, outside normal licensing hours, namely World Cup football, rugby, Olympic Games etc.
a. To open 30 minutes before the start of the event and close 30 minutes after the end of the event (final whistle).
b. Licensable activities to be permitted, within the above times ensuring that last sale of alcohol is at the end of the event and the premises close 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.
Reason for Decision: In pursuance of the prevention of Crime and Disorder, Public Safety and the prevention of Public Nuisance in that the applicant has not demonstrated sufficient control necessary to achieve these three licensing objectives.
Before closing the hearing, the Chair reminded all parties of their right to appeal to the Magistrates' Court within 21 days should they be aggrieved with any part of the above decision.