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Agenda Item No.

LICENSING SUB-COMMITTEE

MINUTES of a meeting held on 3^rd December, 2007.

Present: Councillors Mrs C.V.L. Clay, E. Hacker, and J.W. Thomas.

Also present:

Responsible Authority: Licensing Officer and Police Officer.

(a) Appointment of Chairman -

Councillor J.W. Thomas was elected Chairman for the duration of the meeting.

(b) Declarations of Interest -

No declarations were received.

Also present: Mr. J. Pitt, Applicant and Mrs. K.J. Pitt in support of the application.

Mr. W. Sanson, Ms. C.A. Jenkins and Ms. S. Callaghan, interested parties.

Consideration was given to an application for a variation of the premises licence to include the sale of alcohol and provision of late night refreshment, and the extension of the hours for regulated entertainment under the Licensing Act 2003.

The existing hours and licensable activities as compared to the requested hours and licensable activities were as follows:

	EXISTING HOURS AND LICENSABLE ACTIVITIES	REQUESTED HOURS AND LICENSABLE ACTIVITIES
SALE OF ALCOHOL (ON AND OFF THE PREMISES)	Not currently licensed	Sunday to Thursday 10:00 hrs to 23:00 hrs Friday 10:00 hrs to 23:30 hrs Saturday 10:00 hrs to 23:59 hrs Non-Standard Timings New Year’s Eve 10:00 hrs to New Year’s Day 02:00 hrs
REGULATED ENTERTAINMENT (INDOORS ONLY)	Sunday to Thursday 10:00 hrs to 22:00 hrs Friday 10:00 hrs to 23:00 hrs Saturday 10:00 hrs to 00:00 hrs	Sunday to Thursday 10:00 hrs to 23:00 hrs Friday 10:00 hrs to 23:30 hrs Saturday 10:00 hrs to 23:59 hrs Non-Standard Timings New Year’s Eve 10:00 hrs to New Year’s Day 02:00 hrs
LATE NIGHT REFRESHMENT	Not currently licensed	Sunday to Thursday 23:00 to 23:30 Friday 23:00 hrs to 23:59 hrs Saturday 23:00 hrs to 00:30 hrs Non-Standard Timings New Year’s Eve 23:00 hrs to New Year’s Day 02:00 hrs
OPENING HOURS	Sunday to Thursday 10:00 to 22:00 hrs Friday 10:00 to 23:00 hrs Saturday 10:00 hrs to 00:00 hrs	Sunday to Thursday 10:00 to 23:30 Friday 10:00 hrs to 23:59 hrs Saturday 10:00 hrs to 00:30 hrs Non-Standard Timings New Year’s Eve 10:00 hrs to New Year’s Day 02:00 hrs

Mr. Pitt, in support of his application, advised that in order to keep Treoes community Centre open, it had been considered necessary to vary the licensable activities and hours to generate additional income.

Mr. Pitt read to Members the contents of letters in support of the application signed by Adrian Hogg and Stuart Lawton.

In response to the letters received from interested parties, Mr. Pitt stated:

- The Community Centre would not open every day of the week, so no increase in vehicle traffic was envisaged

- Arguments that the variation of the licence would lead to an increase in alcohol related crime were unsubstantiated. Liaison had taken place with the Police, and Mr. Pitt had agreed not to host 18^th birthday parties and would not take part in any drinks promotions.

- With regard to the fears of public nuisance, Mr. Pitt stated that he would amend his application form to reflect the hours recommended by the Environmental Health Department.

- Not every event would involve live music.

- Users of the Community Hall would mainly be local residents.

- Receptacles for used cigarettes had been provided.

- Glasses and bottles would not be permitted outside of the premises.

- Children would not be permitted within the premises after 21:00 hours unless they were attending a private function.

The representative of the Police stated that a variation of the existing premises licence would be more flexible than the use of Temporary Event Notices. The grant of the application would not result in the addition of an additional Public House in the village of Treoes.

The representative of Environmental Health stated that no record of any complaint involving Treoes Community Hall had been received since records had been maintained.

Ms. Jenkins stated that she lived opposite the Hall and that, whilst she had experienced noise emanating from the premises, she had never complained.

Mr. Sanson informed the Committee that he lived some 30/40 feet from the Community Centre, and was concerned that his children would witness patrons of the Community Hall smoking and drinking outside of the premises.

Mr. Sanson also informed Members that:

- when patrons leave late at night, they are often loud and use foul language;

- noise emanates from the doors of the Community Hall intermittently as patrons leave to smoke cigarettes;

- if patrons attend functions from outlying areas, they will use taxis;

- alcohol produces disorder;

- he believed Treoes had an adequate number of licensed premises.

In summing-up, the representative of the Police stated:

- the application form had been drawn up with the four licensing objectives in mind;

- there had been no problems arising from the running of the Community Centre;

- the review procedure could be invoked if it was thought necessary.

Mr. Sanson acknowledged that no complaints had been made by the residents yet. Nevertheless, Mr. Sanson expressed the view that the main concern of residents was the scope of the availability of alcohol at the Community Centre.

Mr. Pitt, in summing up, stated:

- as a resident of Treoes himself, he did not want to upset his neighbours;

- the interested parties were welcome to become members of the Treoes Community Centre Management Committee and thereby help to run the Community Centre;

- the Community Centre would not be open every night of the week;

- every effort must be made to keep the Community Centre open;

- he was prepared to distribute his mobile phone number to residents of Treoes in order that they could inform him of any problems associated with the Community Centre.

The Members then retired to consider the application in private.

Sub-Committee decision -

The Chairman informed the meeting that, having considered the application and representations of the interested parties, and having considered the DCMS Guidance and Objectives of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Sub-Committee had

RESOLVED -

(1) T H A T the application be granted subject to the following alterations / variations to the following conditions:

(i) Sale of alcohol -

Monday - Thursday 10:00 - 23:00

Friday 10:00 - 23:30

Saturday 10:00 - 24:00

Sunday 10:00 - 22:00

(ii) Regulated Entertainment -

Monday - Thursday 10:00 - 23:00

Friday 10:00 - 23:30

Saturday 10:00 - 24:00

Sunday 10:00 - 22:00

(iii) Closure of Premises -

30 minutes after finishing of serving alcohol and the conclusion of entertainment.

(iv) Late Night Refreshment -

23:00 until the end of the Alcohol Licence.

2. That the following Mandatory Conditions apply -

(i) That no supply of alcohol is to be made under the Premises Licence

- at a time when there is no designated premises supervisor in respect of the Premises Licence; or

- when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

(ii) Every supply of alcohol under the Premises Licence is to be made or authorised by a person who holds a personal licence.

(iii) There will be no irresponsible drinks promotions.

(iv) No drinks, alcohol or other, to be taken outside the premises at any time.

(v) No children to be allowed on the premises after 21:00 when alcohol is being served unless attending a private function.