Meeting documentation

Meeting documents

Licensing Sub Committee
Monday, 2nd July, 2012 10.30 am

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 Bridges take the chair for the remainder of the meeting.
2 APOLOGIES FOR ABSENCE
There were no apologies for absence received.
 
3 DECLARATION OF INTERESTS
There were no interests declared.
 
4 APPLICATION FOR A PREMISES LICENCE IN RESPECT OF ASHBY IVANHOE FOOTBALL CLUB, NEW SPORTS FIELD, LOWER PACKINGTON ROAD, ASHBY DE LA ZOUCH LE65 1TS
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. It was agreed that the maximum time for each presentation be ten minutes.

The Licensing Enforcement Officer presented the report to members, highlighting background information and the representations received.

In response to a question from a member, the Licensing Enforcement Officer stated that alterations had taken place inside the building however the internal floor layout had not increased. This was confirmed by the applicant.

In response to questions from interested parties, the Licensing Enforcement Officer confirmed that he was satisfied that the publicity notices had been placed as prescribed in law, and the legislation had been complied with. He added that the applicant had placed additional notices on request. He also clarified that the Responsible Authorities had been notified as prescribed in law, and they had made no objections to the application.

Mr S Bonser presented his case and stated the following:

- The leaflets delivered stating that the premises would become a nightclub misrepresented the application. The principal purpose of the application was to enable the football club to use the premises and to support training.

- It was necessary for the club to raise funds and serving refreshments enabled the club to do so.

- An extensive refurbishment had been undertaken and local businesses had offered support with this.

- The facility would be used to support activities promoted by the club. Alcohol would be served at strategic times of the week only.

- The services of a local publican had been engaged who would be responsible for running the facility.

- The facility may also be used for a variety of chosen functions, mostly involving club members. The purpose of this was to raise additional funds.

- The number of patrons would be limited by the size of the premises.

- A venue hire agreement had been drawn up and the facilities manager would ensure any private hire of the premises was in accordance with the conditions specified in the hire agreement.

- CCTV would be installed to prevent crime and disorder.

- Over the past 6 weeks the club had operated functions under a Temporary Event Notice, which had been free of trouble, noise and objection.

- Risk assessments would be carried out and a premises manager in place to ensure public safety.

- Signage would be placed to advise patrons to leave the premises quietly.

- Child protection officers were already associated with the club and the bar would operate a Challenge 21 policy.

In response to questions from members, Mr S Bonser stated the following:

- The hours for the sale of alcohol had been requested to allow flexibility and it was not intended that this would be utilised at all times.

- 65 people had been present at the function operated under the TEN.

- To increase security at the premises, CCTV would be installed. Stock was stored internally in a strong room and tangible liquor was removed after events. Shutters would also be installed at the front of the bar.

- Steps had already been taken to improve the parking and the car park had been widened. It was intended that the access be doubled in width and visibility improved. An overspill area would be marshalled during events.

- Mr S Bonser indicated that the works to the car park could be completed before any events took place at the premises, however Mr N Johnson later clarified that funds would need to be raised from sale of alcohol prior to the works going ahead.

- The facilities manager and the Designated Premises Supervisor would be present at each event.

- No events would take place outside.

- The venue hire agreement would ask for an indication of the number of attendees at private hire events.

In response to questions from interested parties, the applicant stated the following:

- A planning application would be submitted regarding the entrance and advice taken from the Highways Authority.

- An overspill car park would be utilised with grasscrete blocks in accordance with planning requirements.

- It was clarified that a premises supervisor was required to be present whenever alcohol was served.

- Mr N Johnson indicated that the club would be happy to accept restrictions on the number of events or the opening hours.

Mr D Stenson stated that he had no problem with the licensing of the football club but expressed concerns regarding the hire of the premises to anyone not connected with the football club. He also expressed concerns regarding noise and disturbance, and the car parking provision.

Mr L McKenzie stated that the applicant was disingenuous and the applicant had not made any attempt to keep him informed. He expressed concerns regarding the size of the building, patrons entering his garden, and children attending a football match where adults were drinking alcohol. He stated that the application was unrealistic and there were other methods of fundraising available to the club. He expressed concerns that the level of noise would increase.

Mr B Everitt expressed concerns that the potential noise emanating from the premises could constitute a public nuisance. He added that supported the football club in its objectives and had no objection to the players using the facilities after matches. He suggested that the hours of use be limited to reflect that. He also expressed concerns regarding the hire of the premises to the general public.

The applicant and the interested parties made brief closing speeches reiterating points made earlier in the hearing.

At 12.29pm the Sub Committee adjourned to consider its decision and reconvened at 1.30pm.
RESOLVED THAT:

a) The application be granted with the following variations:

Hours premises are open to the public:
Monday to Sunday 12.00pm until 10.00pm.

Recorded music:
Monday to Friday 9.00am until 12.00pm and 6.00pm until 10.00pm.
Saturdays and Sundays 6.00pm until 10.00pm.

Provision of facilities for dancing:
Monday to Friday 9.00am until 12.00pm and 6.00pm until 10.00pm
Saturday and Sunday 6.00pm until 10.00pm

b) The following conditions be inserted into the licence:

i) No amplified music to be played outside the premises.

ii) No more than 50 private functions to be held in any 12 month period.

iii) No open vessels of alcohol to be permitted outside the premises, except within the designated area, yet to be determined. Determination of the designated area to be delegated to the Licensing Enforcement Officer in consultation with the Chairman of the Sub-Committee (Councillor A Bridges).

iv) A standard condition relating to noise monitoring.

v) The capacity of the premises to be determined by conducting an appropriate risk assessment, to be submitted to and approved by by the Local Authority.

Members welcomed the offer of the Football Club to make improvements to the entrance and encouraged them to ensure the works were completed as soon as possible in the interest of safety.
Published on Tuesday, 17th July, 2012
The meeting commenced at 10.35am and closed at 1.41pm.

Attendance Details

Present:
Councillors A Bridges, J Cotterill and N Smith.

Officers: Mr A Cooper, Mr D Gill and Miss M Terry.

Applicant: Mr S Bonser (club chairman), Mr N Johnson (club trustee and treasurer) and Mr P Harvey (DPS).

Interested parties: Mr B Everitt, Mr L McKenzie and Mr D Stenson (local residents).