Meeting documentation

Meeting documents

Licensing Sub Committee
Thursday, 28th February, 2008 4.00 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
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.

 
2 AN APPLICATION FOR A PREMISES LICENCE IN RESPECT OF THE WOODMAN, SHORTHEATH ROAD, MOIRA, SWADLINCOTE, DERBYSHIRE, DE12 6AL
The Licensing Enforcement Officer presented the report and highlighted background information and representations received.

The applicant's representative then presented the application on behalf of the applicant. He gave some background to the history of the public house and explained that since its closure the applicant had been operating by using temporary event notices. It was stated that the premises had been closed for six weeks and in this time had been fully refurbished. It was reported that CCTV had been installed and that a wide range of customers used the public house.

The applicant's representative explained that the letter of representation that was included in the agenda referred to incidents that had happened in previous years and that the applicant had no intention of operating in the same manner. It was added that the application was exactly the same as the previous licence and was seeking nothing more.

In response from questions from Members, the applicant's representative stated the following:

- The arrangements in response to the smoking ban were to encourage customers to use the patio area at the rear of the premises and a suggested condition was to close the external doors after 11.30pm.

- With regards to the houses to the rear of the premises, the applicant was mindful of the neighbours and there had been no complaints.

- Expel Air ventilation was installed all around the building.

- The majority of the customers were of a more mature age.

- The applicant was currently not the designated premises supervisor as she was waiting for her personal licence to be granted. Once the applicant had her personal licence, the designated premises supervisor licence would be transferred.

- It was the applicant's intention to close at 12.30am, so there would not be incidents relating to the premises in the early hours of the morning.

- It was the applicant's intention to have live entertainment once every two to three weeks and would be happy to have a condition imposed to reflect that.

Mrs Kirk then presented her objections as detailed within the report of the Licensing Enforcement Officer. She expressed her concerns in relation to extremely loud music from various rock bands, noise from customers on the street, anti social behaviour, and the general disturbance of Mrs Kirk's peace and relaxation in her home.

In response to questions from Members, Mrs Kirk stated that she would be happy if the noise was controlled and if the tables from the front of the premises were removed. The applicant's representative stated that the applicant would be prepared to move the tables from the front of the premises.

Mrs Kirk and the applicant's representative gave a brief closing statement.

At 5.00pm the Sub Committee adjourned to consider its decision and re-convened at 5.40pm.
RESOLVED:

That the licence be granted as applied for with the following additional conditions:

a) a noise limiter be installed and agreed with the Environmental Health Service of the Council.

b) Live music be restricted to once a week.

c) No consumption of alcohol or any beverage outside the front of the premises after 9.00pm.
Published on Wednesday, 12th March, 2008
The meeting closed at 5.45pm

Attendance Details

Present:
Councillors G Allman, M J Blain and N Smith

Officers: Mr A Cooper, Miss R Levy and Mrs S Roberts.

Representing the applicant: Miss K Taylor (applicant), Mr R Day (Scottish and Newcastle Area Manager) and Mr J Woodcraft (Solicitor)

Interested Parties: Mrs Kirk, supported by Miss S Kirk