LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 22
October 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00 am.
Sub-Committee
Mrs A Claussen-Reynolds
Mrs A Green
Mr R C Price (Chairman)
Members in Attendance:
Mr R Reynolds
Mr J A Wyatt
Officers in Attendance:
The Legal Advisor, the Licensing Manager, the
Environmental Protection Team Leader, the
Environmental Protection Officer and the Democratic
Services Team Leader (MMH)
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None
4
APPLICATION FOR NEW PREMISES LICENCE – BRISTON PAVILION
AND RECREATION GROUND, STONE BECK LANE, BRISTON NR24 2LG
The following were present:
In support of the Application
Ms J English
Mr P Moulton
Mr T Serne
Objector to the Application
Mr K Craske
The Chairman introduced the Panel and Officers. The Legal Advisor
confirmed the names of those present and outlined the procedure for the
Hearing. She explained that, at a later stage, the Panel would withdraw to
make a decision. She would accompany them to provide legal advice and to
assist them to formulate their reasons but would not take part in the making of
the decision.
The Licensing Manager presented the report.
The Management Committee of The Higginbottom Recreational Charity for
the Briston Pavilion and Recreation Ground, ( a registered charity number
Licensing Sub-Committee
22 October 2012
243194) had made an application for a new premises licence in respect of
Briston Pavilion. The full details of the application were contained in the
report.
From 1 October 2012 when the Live Music Act 2012 became effective the
following activities (although originally applied for by the applicant and shown
on the application form) were no longer licensable:
a. Facilities for making music (indoors and outdoors)
b. Facilities for dancing (indoors and outdoors)
In addition the following activities (although originally applied for by the
applicant and shown on the application form) were no longer licensable
between the hours of 8am and 11pm on any day
c. Live Music (indoors and outdoors)
The applicants had also applied for the mandatory alcohol condition requiring
a Designated Premises Supervisor to be disapplied. This application had
been made to the Licensing authority with copies served on the Norfolk
Constabulary as prescribed by law. An application for this was not required to
be more widely consulted upon.
The premises had previously been licensed. The Briston Sports and Social
Club held a Club Premises Certificate covering supply of alcohol and a range
of regulated entertainment 24/7. This certificate was surrendered on 7 April
2009 and the premises had not been licensed since although events had
been held under Temporary Event Notifications.
The responsible authorities had concerns about the potential for nuisance,
particularly noise. The Police had discussed several issues with the
Applicants and had subsequently withdrawn their objections. Environment
Health would recommend the addition of conditions over and above the
mandatory ones if Members were minded to grant the licence.
One of the letters of objection had challenged the validity of the Applicant.
The Higginbottom Recreational Charity had made the application. The
Licensing Manager was satisfied that this was a bone fide charity registered
with the Charities Commission.
Copies of the Briston Pavilion letting agreement were confirmed by the
Applicant as genuine and were examined by the Sub Committee before the
meeting proceeded further.
Mr Serne put the case of the Applicant:
Briston Pavilion had been run for some years, as the Sports and Social Club,
as a private members’ club but had got into financial difficulty and handed the
lease back. The Higginbottom Recreational Charity had appointed a project
management team to run the building which had been hired out for various
activities including mother and toddler groups, sports and fitness. A
management committee had been appointed to bring the building into better
use. The management committee had obtained a grant from the Big Society
Fund to replace all the windows in the premises and had applied for grant
funding for a new heating system. At present the utility bills were paid by the
Licensing Sub-Committee
22 October 2012
Higginbottom Recreational Charity. There was a need to raise more income
from hire of the Pavilion. There was also a community need for this facility
because the Copeman Centre got fully booked. The Pavilion was used
regularly by a football club who had requested a small bar. The bar would
only be opened when needed. There was no intention of serving alcohol 24/7.
There had been no objections from residents of immediately adjacent
properties. It was true that only one notice had been posted outside the
premises but there had also been notification in the North Norfolk News and
all the village notice boards.
Briston Pavilion was a community venue which needed an increased income.
If the licence was granted it would enable the management committee to
widen the scope of activities.
Questions were asked of the Applicant and the application was discussed:
a) In response to a question from Mrs A Green the Applicant said that the
capacity of the hall was limited to 100 people.
b) Mr Craske said he supported the application in principle and agreed that
there was a need for the facility. His question regarded confusion as to
who the Applicant was. He also doubted the capacity of the management
committee to manage the premises. The Legal Advisor explained that
these were not relevant representations which could be made by a
member of the public under the Licensing Act. Representations must
relate to the Licensing Objectives, although Mr Craske’s letter of objection
did touch on some of these points. The concern regarding the
management committee was addressed by Home Office guidance: if a
management committee is granted a licence with an alternative condition
they are advised to keep the Licensing Authority informed of any changes.
Failure to do so could result in the licence being reviewed.
c) Mr R C Price queried the condition in the letting agreement that hirers
must ensure that the premises are cleared out by 11.00 pm or 12.00pm at
weekends. He was concerned that this would result in a curtailment of
drinking up time which could lead to discontent and potential disorder. The
Licensing Manager said that the timings for clearing up had been
discussed with the Applicant and the Police.
d) The Environmental Protection Team Leader told the Sub Committee that
the venue had been the cause of nuisance problems in the past. He and
the Environmental Protection Officer had discussed additional conditions
with the Applicant and reached agreement. The conditions included:
• The use of automatic closers on external doors.
• External doors and windows to be closed after 9.00 pm.
• External music, including music performed in a marquee, to cease at
9.00 pm.
• Indoor timings for all licensable activities to be as follows: 8.00 am to
11.00 pm (Monday to Thursday), 8.00 am to 12.00 pm (Friday and
Saturday), 8.00 am to 10.00 pm (Sunday).
He suggested that the management committee might consider installing noise
limiters which had proved an effective tool in other premises.
e) Mr Serne said that the management committee would agree to these
conditions. In addition they had imposed a condition that any event
advertised on social networking sites would be cancelled.
Licensing Sub-Committee
22 October 2012
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
Mrs A Claussen-Reynolds asked if there had been any nuisance arising
from the events which had taken place under a Temporary Events Notice.
The Environmental Protection Team Leader said that there had not.
In response to a question from Mrs A Claussen-Reynolds it was explained
that the members of the Higginbottom Recreational Charity were all
members of the Parish Council which was the trustee. However the
management committee included other people who were not on the
Parish Council.
In response to a question from Mrs A Claussen-Reynolds the Licensing
Manager explained that Performance of Dance usually referred to
performance on stage. “Entertainment of a similar nature” was a reference
to Karaoke.
Mr Serne told Mrs Claussen-Reynolds that the provision of outdoor events
was envisaged.
Mr R C Price expressed concern about the management committee’s
ability to manage the licence. Mr Serne said that they were willing to
undertake training if required.
In response to a question from Mrs A Green it was explained that the
Applicant had agreed that there would only be 6 events per year when
music would be played outside. These events would be in the summer
months.
In response to a question from Mr Craske the Applicant explained that any
training would be funded by income from lettings.
Mr R C Price asked that the management committee supply the Council
with a copy of their terms of reference within 7 days.
In response to a question from Mrs A Green the Licensing Manager
explained that, for community premises, certain activities like Bingo and
Race nights did not require a gambling licence. This was monitored by the
Licensing Team with advice given accordingly.
Mr Serne told the Legal advisor that the Applicant agreed to the conditions
detailed at 3.2 of the officer’s report. The Environmental Services Team
Leader confirmed that the additional conditions suggested by
Environmental Health had been agreed and that this was in writing.
The Applicant provided the Sub Committee with the maximum number of
people the premises could accommodate for each licensable activity.
Before the Sub Committee retired to make their decision the Legal Advisor
explained that Members would consider only relevant representations and
would disregard any comments which did not assist with considering the likely
effect of grant of the premises licence on the promotion of the licensing
objectives.
The Sub Committee retired at 11.25 am and returned at 11.50 am.
The Chairman told the Applicant that it was important that the letting
agreement should give clarity regarding the arrangements for clearing up at
the end of the session. The Sub Committee considered that the management
committee should have a minimum of 2 members trained to Personal Licence
Holder level. The Applicant agreed to this.
The Sub Committee, in granting the licence, would impose the following
further conditions to which the Applicant had agreed:
•
Automatic door closers shall be installed to all doors leading to external
parts
Licensing Sub-Committee
22 October 2012
•
•
All external doors and windows must be kept closed, other than for access
and egress, in all rooms when events involving amplified music or speech
are taking place after 21:00 hours.
External music must not continue beyond 21:00 hours, other than six
times per year where music can continue until 23:00 hours. External
music includes music played within a marquee.
The Sub-Committee recognised the concerns raised as to the issue of
potential noise and approved the above conditions as suggested by the
Environmental Health Department. These conditions were considered, by the
Sub-Committee, as necessary and proportionate to promote the licensing
objective of the prevention of public nuisance.
The Sub-Committee considered that the mandatory conditions, along with the
conditions consistent with the operating schedule and the 3 additional
conditions imposed were sufficient to promote the licensing objectives and did
not find it necessary to add any further conditions relating to the prevention of
Crime and Disorder; Public Safety and the protection of Children from Harm.
The Sub-Committee considered that granting the licence accordingly would
promote the licensing objectives, but that the conditions attached were a
necessary and proportionate way of addressing the concerns raised in the
written representations and in evidence.
Subject to these conditions and the mandatory licence conditions applicable it
was
RESOLVED
to grant the Licence.
It was further
RESOLVED
that the mandatory alcohol condition requiring a Designated Premises
Supervisor be disapplied.
The meeting concluded at 11.57 pm.
__________________________
Chairman
Licensing Sub-Committee
22 October 2012