Meeting documents

It was agreed that Councillor N Smith Chair the Hearing.

(Councillor N Smith in the Chair)

Councillor N Smith 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. It was agreed that the maximum time for each presentation be ten minutes.

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

The applicant's representative then presented the application. He explained that the licence was required so that customers could have an alcoholic drink when having a meal, currently customers could take their own alcohol on to the premises which meant that it was not regulated. The provision of entertainment was required so that films could be shown, music groups could play and for discos at parties. The applicant's representative informed Members that the events that would take place at the premises would be low key and that measures would be introduced to guarantee that the music was not a nuisance. It was also stated that the hostel was a new building and was insulated which meant it had adequate sound proofing. The applicant's representative
stated that the company was a charitable organisation and that it was important to raise some revenue.

At this point, the applicant's representative offered the folowing concessions:

- The designated premises supervisor or a nominated person would take regular walks around the perimeter of the building to check that noise levels were not too high.

- That the hours for regulated entertainment and late night refreshments be reduced to 10.00am till 2.00am but the showing of films to remain at 24 hours.

A Member asked a question regarding how the applicant was proposing to maintain the music within the premises. The applicant's representative responded that everything would be done to contain the noise as the applicant would not want to breach the conditions of the licence. The Member asked if the applicant would consider putting double doors on the front of the building to help keep the noise inside, similar to other premises in the District. The applicant's representative replied that it would not be an option at this time as it was not viable and was disproportionate.

Questions were raised by the local residents regarding the capacity the hostel holds in relation to beds and highway issues. The Legal Advisor reminded all present that unfortunately questions of that nature were not licensing matters and could not be considered.

Mr J Stainton-Somers then presented his objections as detailed within the report of the Licensing Enforcement Officer. He also explained that he had no objections for the premises to be licensed until 11.00pm for the sale of alcohol. He stated that he did not have problem with the provision of films or the late night refreshment licence.

There were no questions for Mr J Stainton-Somers.

Ms L Thomas then presented her objections as detailed within the report of the Licensing Enforcement Officer. She expressed her concerns as to why the alcohol refreshment licence would be needed after 11.00pm but had no difficulty with the late night refreshment licence. She disapproved of off sale of alcohol.

There were no questions for Ms L Thomas.

Mr D Bell expressed his concerns regarding the noise and stated that he would be satisfied if the licence was until 11.00pm only.

There were no questions for Mr D Bell.

In response to a question from a Member the applicant's representative responded that there would not be any provision of air conditioning on the premises. Members expressed concerns that in the summer months during functions, doors could be left open which would mean that local residents would be able to hear the loud music. The applicant's representative proposed that a condition be added so that during functions the three sets of doors which open out from the function room remain closed after 11.00pm, this would contain the noise. During these occasions people could use the main entrance, which was situated at the opposite side of the building to the function room, for access.

The Chairman expressed his disappointment that the applicant was not willing to listen to the local residents, who obviously had major concerns with the level of noise. The applicant stated that he would be happy to discuss details with the residents now, with the permission of the Chair. Lengthy discussion followed with the resident's main comment being that they would prefer the licence to cease at 11.00pm.

The applicant's representative responded that he felt that there was a need to have the regulated entertainment until 2.00am but explained that the type of functions that would continue until 2.00am would not occur too often.

The applicant's representative offered the following amendments to the application:

- The restriction of the sale of alcohol until 2.00am.

- To limit the use of the function room for regulated entertainment after 11.00pm to a maximum of 20 times per year.

- The sale of alcohol to begin at 8.00am for on site sales and 10.00am for off site sales.

Mr Stainton-Somers gave his closing statement and stressed that this application did not adhere to the mission statement of the youth hostel. He explained that the residents would prefer all functions to cease at 11pm.

The applicant's representative gave a brief closing statement and expressed his disappointment that they could not come to an agreement.

At 8.10pm the Sub Committee adjourned to consider its decision and re-convened at 9.00pm.

The Legal Advisor explained that the decision had been taken by the majority.