Meeting documentation

Meeting documents

Licensing Sub Committee
Wednesday, 17th September, 2008 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 ELECTION OF CHAIRMAN
RESOLVED THAT:

Councillor A V Smith take the Chair for the meeting.
2 APOLOGIES FOR ABSENCE
There were no apologies for absence.
 
3 DECLARATION OF INTERESTS
There were no declarations of interest.
 
4 AN APPLICATION FOR THE VARIATION OF A PREMISES LICENCE IN RESPECT OF THE GATE INN, FAIRFIELD ROAD, HUGGLESCOTE, COALVILLE, LEICESTERSHIRE, LE67 3HG
The Chairman introduced the parties and explained the procedure to be followed. The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence. As the applicant and her representatives were the only party in attendance a time limit was not agreed.

The Licensing Enforcement Officer presented the report, highlighted background information and representations received.

There were no questions for the Licensing Enforcement Officer.

Mr Meegan, on behalf of the applicant, presented the application as detailed within the report. Mr Meegan stated that he would like to amend the application as follows:

- Remove the request for performance of dance until 1.00am.

- Retain conditions 5, 6 and 10b on the licence, not to remove them as stated.

- Retain the conditions that had been carried over from the previous Public Entertainment Licence, not to remove them as stated.

Mr Meegan explained that a large number of people within the community used the public house and currently used the function room for events such as weddings and christenings. Mr Meegan addressed each of the issues raised within the representation:

- Car park. The premises was adjacent to a primary school and parents use the car park as drop off point, which was the main cause of the wear and tear. The licence holder has approached the school to discourage parents from using the car park in this way but it was still used on a regular basis.

- Noise. The licence holder regularly monitored the noise from the premises and has produced a noise log to help deal with any complaints if they are received. The log was circulated to Members for information.

- The bottle bank. The bottle bank on the car park could be emptied any time between 9.00am and 7.15pm. The bottle bank was there to get some further funding for the local football club and the premises did not gain anything from it. Unfortunately the premises could not control when local residents used it and caused some disturbance due to noise.

- Smoking. Ashtrays have been installed on the external walls of the premises and customers are not permitted to smoke at the fire escape.

In response to a question from a Member, the licence holder stated that there were no intentions to use the function room any differently than what it was currently used for.

In response to a question from a Member, the licence holder stated that the gentleman who submitted the representation was not a customer of the premises and they had received no previous complaints from him. The Licensing Enforcement Officer also reported no complaints.

In response to a question with regards to the usage of the function room, the licence holder explained that it was on average once a month and only for community events or family parties.

The Sub Committee adjourned to consider its decision at 6.57pm and at the request of the applicant, re-convened at 7.05pm.

Mr Meegan thanked the Members for re-commencing the meeting and asked if he could amend further the application. Members agreed. Mr Meegan stated that he had not taken into account the number of conditions from the Public Entertainment Licence that had been transferred onto the current license. Mr Meegan asked the Members to consider the removal of the Public Entertainment Licence conditions as originally applied for in the application.

A Member asked the Licensing Enforcement Officer if she was happy with this proposal. The Licensing Enforcement Officer stated that she was in agreement as there were 40 pages of conditions attached from the Pubic Entertainment Licence which were mainly covered under other legislation such as Health and Safety.

The Sub Committee adjourned at 7.06pm and reconvened at 7.07pm.




RESOLVED THAT:

The application be granted as applied for.
Published on Friday, 19th September, 2008
The meeting closed at 7:08pm.

Attendance Details

Present:
Councillors J Coxon, D Everitt and A V Smith

Officers: Mrs J Cotton, Miss C Gale and Miss R Levy

Others in attendance: Mrs R Wilton (Licence Holder), Mr D Atherton (Licence Holder's Husband), Mr T Meegan (Solicitor) and Mr A Macloud (Punch Taverns Ltd)