Location: Council Chamber, Daneshill House, Danestrete, SG1
Present: H.C.L. Tessier (Chair), C. Latif (Vice-Chair), T.G.M. Kent, CC and P.D. Kissane.
Others: Simon Bunn - Area Manager, Whitbread (Applicant) Luke Ponte - Counsel for Applicant (Applicants Agent) Mr. Drew - Hanover Housing Association (Interested Party) Rachel Caton - Local Resident Objector (representing Mrs Fox, 3 Blair Close) Emma Rose - Licensing Officer, Stevenage Borough Council Philip Westmacott - Legal Assistant, Stevenage Borough Council Stephen Weaver - Clerk, Stevenage Borough Council
Duration:
Start Time: 2.00pm
End Time: 2.50pm
Status: Noted
Business: Apologies for absence were received from Councillors D.W. Cullen, L. Knight, J. Lloyd, M. Notley, M.P. Patston, J.A. Pickersgill, 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: Noted
Business: The Chair introduced the Members of the Committee and the Officers in attendance to the applicant and objectors.
The Clerk introduced the applicant, the applicant's agent and the objectors.
The Licensing Officer informed the Committee that the applicant had been granted the conversion application for the premises, with their existing hours and activities as grandfather rights regardless of the decision related to the variation application.
A variation application had been received to increase the hours for sale and supply of alcohol to 00:30 hours, closing 30 minutes later; to permit live music and recorded music until 23:00 hours; and permit films and indoor sporting events until 00:30 hours.
The applicant had asked that if the standard hours and activities summarised in the report were not granted, the following hours are requested:-
ALL LICENSABLE ACTIVITIES:-
10:00 hours - 00:30 hours - Friday/Saturday/Monday.
10:00 hours - 00:30 hours on all Bank Holiday Sundays.
10:00 hours - 00:30 hours on Christmas Eve and Boxing Day.
Closing at 01:00 hours on the above days.
Letters of objection had been received from local residents on the licensing objectives of public nuisance and crime and disorder. There had been an objection from Environmental Health, which had been withdrawn as the applicant had agreed to conditions, which were tabled at the meeting.
The Chair invited Mr. Drew, Estate Manager of Hanover Housing Association, as an interested party, to address the Committee.
Mr. Drew stated that Hanover Housing Associations objections to the variation licence application were as follows:-
* NOISE NUISANCE
The elderly and in some cases, terminally ill residents of Hanover Housing Association, Turpins Rise, were often disturbed by loud, disorderly and drunken patrons sitting on benches near the home at 1.00am in the morning. Plants were pulled up, acts of vandalism were committed and rubbish left in the area.
* LATE NIGHT MUSIC
The prospect of the Old Forge having a licence for live and recorded music up to 12.30am was not welcomed by residents and they asked that this be restricted to 11.00pm. Also the residents requested an automatic cut out at 80db.
Members asked Mr. Drew if they were sure the incidents of antisocial behaviour were directly linked to Patrons of the Old Forge? Mr. Drew said that the path was from the Old Forge and The Roebuck.
The Chair invited Rachel Caton to address the Committee.
Ms. Caton was speaking on behalf of Mrs. Fox of Blair Close who was unable to attend the Committee hearing. Ms. Caton outlined Mrs. Fox's objections as follows:-
* Noise nuisance of patrons
* Noisy extractor fan from the Old Forge kitchens.
* The pub clientele seems to have changed from a family pub to a younger persons pub. The pub decor has changed and now looked like it would cater for 'Wedding Parties'.
The Chair invited the applicant to address the Committee.
Counsel for the applicant stated that it was not the case that the nature of the pub was changing. An internal play area was recently included to keep the family nature of the pub.
The Old Forge were only seeking a further half hour change to its existing hours to serve alcohol, which was a very modest increase. The applicant had offered a lot of conditions for music already and felt that a noise limiter was not necessary. The extra days for non standard timings would be for only a few days a year. The application doesn't allow for dancing by customers, but was for performance dancing only, not the patrons.
There was just one complaint against the Old Forge by Environmental Health and no objections from the Police. There were no underage drinkers from the pub, nor did they believe that the incidents reported by residents relate to their customers.
The extractor fans for the kitchen were not specifically noisy and were typically on from 10.00am to 11.00pm if the kitchen was still serving food, this could be less if there were no customers.
After all parties had summed up their case, the Chair asked the applicant, applicant's agent, objectors and licensing officer to leave the meeting whilst the Committee considered the application.
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, the Committee RESOLVED:-
That the application be approved, as per the conditions in the operating schedule and with the following additions/amendments/variations:-
1. All windows and doors in the premises shall be closed when not in immediate use, when regulated entertainments are taking place.
2. No live or amplified music or other audio-visual entertainments to be played outside the premises. That is, outside the walls of the main building.
3. The outside drinking area only to be used between 9am and 11.00pm. After 11pm the areas to be clear of patrons. Similarly, food and alcohol shall not be served to, or taken to any of the outside areas after that time.
4. Live and recorded music shall cease at 11pm. This still permits background and jukebox music to continue until closing time.
5. Duty Managers will monitor the property boundary to check for any emissions of amplified noise from regulated entertainments.
6. There shall be no deliveries or waste collection to or at the premises between the hours of 11pm and 7am.
7. Noise from regulated entertainment at the premises shall not be audible at the boundary of any noise sensitive properties.
8. A noise management plan * should be devised and put into operation at the premises, to ensure that noise from regulated entertainment at the premises shall not be audible at the boundary of any noise sensitive properties. Such a noise management plan may include but is not restricted to:-
? Control of noise from the car park
? Requesting people to leave quietly
? Ensuring that windows and doors are kept closed
? The use of the garden area
? Responding to direct neighbour complaints
? Prominent clear and legible notices should be displayed at all exits requesting customers to respect the needs of local residents and to leave the premises and area quietly.
* Submit the noise management plan to the Licensing Authority before the Licence commences.
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.