AGENDA ITEM 3 BOROUGH OF POOLE LICENSING SUB COMMITTEE On 24th August 2005 at 14:00 hours, Room 133, Civic Centre, Poole REPORT OF HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES ON APPLICATION TO VARY THE CLUB PREMISES CERTIFICATE FOR THE PREMISES KNOWN AS BROADSTONE CONSERVATIVE CLUB, TUDOR ROAD, BROADSTONE, SITUATED WITHIN BROADSTONE WARD. 1.0 Introduction 1.1 An application has been received for a variation of the Club Premises Licence for the premises known as Broadstone Conservative Club, Tudor Road, Broadstone, Poole. Following receipt of a representation this matter is brought before the Licensing Committee for determination. 2.0 Background 2.1 The Licensing Act 2003 enables the Licensing Committee to consider the granting of licences where representations are received from responsible authorities or interested parties. Under the Licensing Act 2003 (Transitional Provisions) Order 2005 a premises holding an existing liquor licence or club registration certificate can apply for the transfer of that licence or certificate under grandfather rights to a premises licence or club premises certificate. It also allows for a variation to the premises licence or certificate at the same time. Any representation received regarding such an application will only relate to the variation and the Licensing Committee can only consider the representation with regards to that variation. The Licensing Act 2003 gives the Licensing Committee the power to grant the variation, refuse the variation, or prescribe terms, conditions and restrictions to the varied premises licence or club premises certificate. These conditions must relate to the four objectives of the Licensing Act 2003; 1. prevention of crime and disorder 2. public safety 3. the prevention of public nuisance; and 4. the protection of children from harm 2.2 Following the outcome of the committee hearing, all parties to the application have the right to appeal to the magistrates court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against. 3.0 Matter for consideration 3.1 Committee members are reminded that Broadstone Conservative Club is located on Tudor Road situated within Broadstone Ward. The area is surrounded by residential properties, clubs and a school. A location map is attached as appendix A. 3.2 Broadstone Conservative Club is an established conservative club. The premises has been granted a Club Premises Certificate under the Licensing Act 2003 (Transitional Provisions) Order 2005. 1 3.3 The proposed application for variation of the premises licence is as follows: The proposed opening times are 06:00 until 02:00 hours Monday to Sunday, however it is stated that most of the time the club will close at 23:00 and will only open until 02:00 on special occasions. To permit regulated entertainment, indoors only, comprising, indoor sporting events, live music, recorded music, performance of dance, entertainment of a similar nature and provision of facilities for making music and dancing from 06:00 until 02:00 hours. To extend supply of alcohol (both on and off the premises) from 06:00 until 02:00 hours Monday to Sunday. To remove all embedded restrictions. The applicant has identified the following additional steps in order to promote the four licensing objectives. General: Staff will be trained on the requirements of the Licensing Act 2003 when they are recruited and given training in “drugs awareness” as part of their induction. The prevention of crime and disorder: The premises are burglar alarmed. Every member of the club has a key to enter the premises and no-one but club members can gain access to the premises. All bar staff are instructed to query the age of any person who might be under 18 years of age and to ask for identification if necessary. Public Safety: The club has carried out all the recommendations of the fire officer and has a fire plan in being for the whole of the premises. There is a first aid box available on the premises and two qualified first aid persons are usually on the premises. The prevention of public nuisance: The members are asked both verbally and by written notice to be quiet when leaving the premises. The applicant states that there have been no complaints from neighbours during the past 50 years. The protection of children from harm: No child is allowed to enter the premises unless accompanied and supervised by an adult. Children are not allowed to be supplied with intoxicants under any circumstances. 3.4 3.5 The application is attached as Appendix B. Consultation has been carried out in accordance with the Licensing Act 2003. The application has been advertised in the form of a premises notice and a newspaper advertisement and the relevant responsible authorities have been consulted with. 1 letter of representation has been received from an interested party residing within the vicinity of the premises, Mr & Mrs Lilleker. The representation refers to: Noise from entertainment Noise from persons leaving the premises The representation is attached as Appendix C. 3.6 No further representations were received from any of the responsible authorities. 2 4.0 4.1 Conclusion The Committee members are asked to consider the application and representation and the evidence that is given before them and to make their decision. The Committee members must bear in mind when making their decision the Borough of Poole licensing policy, the guidance as set out by the Secretary of State, and the licensing objectives as set out in the Licensing Act 2003, the most relevant of which here is the prevention of crime and disorder and the prevention of public nuisance. May I remind the Committee members that the premises has been granted a licence under grandfather rights and that the representation to which they are addressing relates to the variation of that licence only. 5.0 Recommendations 5.1 The Committee is recommended to have notice of the representation made and determine whether or not the variation to the Premises Licence should be refused, granted or granted with prescribed terms or conditions. S ROBSON HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES 3