application to vary the premises licence for the premises known as

advertisement
AGENDA ITEM 5
BOROUGH OF POOLE
LICENSING SUB COMMITTEE
On 5th September at 14:30 hours,
Committee Suite, Civic Centre, Poole
REPORT OF HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION
SERVICES
ON APPLICATION TO VARY THE PREMISES LICENCE FOR THE PREMISES
KNOWN AS THE BROADSTONE HOTEL, STATION APPROACH, BROADSTONE,
POOLE, SITUATED WITHIN BROADSTONE WARD.
1.0
Introduction
1.1
An application has been received for a variation of the Premises Licence for the
premises known as The Broadstone Hotel, Station Approach, 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.
1
3.0
Matter for consideration
3.1
Committee members are reminded that The Broadstone Hotel is located on Station
Approach, situated within Broadstone ward. The premises is opposite a leisure centre
and is surrounded by commercial premises, offices and residential properties.
A location map is attached as appendix A.
3.2
The Broadstone Hotel is a large public house. The premises has been granted a
Premises Licence under the Licensing Act 2003 (Transitional Provisions) Order 2005.
3.3
The proposed application for variation of the premises licence is as follows:

The proposed opening times are;
Monday to Sunday 00:00 hours until 24:00 hours

To permit live music, recorded music, performances of dance, provide facilities
for making music and facilities for dancing, indoors only, at the following times;
Monday to Sunday 11:00 hours until 00:00 hours
The terminal hour shall not apply on New Years Eve/Day.

To permit late night refreshment, indoors only, at the following times;
Monday to Sunday 23:00 hours until 05:00 hours

To permit the sale of alcohol, both on and off the premises, at the following
times;
Monday to Sunday 00:00 hours until 24:00 hours

To remove all embedded conditions.
The applicant has identified the following additional steps in order to promote the
licensing objectives associated with the representation;
General:
Staff will be trained on the requirements of the Licensing Act 2003.
The premises shall work closely with neighbours and communicate with them as
necessary.
The prevention of public nuisance:
Live and recorded music will end at 00:00 hours except at New Year.
Customers will be encouraged to leave the premises in an orderly fashion particularly
after 23:00 hours.
A personal licence holder will be on the premises at all times when the pub is trading
after 22:00 hours and before 08:00 hours.
3.4
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.
2
3.5
1 letter of representation has been received from an interested party. The
representation refers to:

Noise from entertainment
The representation is attached as Appendix C.
3.6
No further representations were received from any of the responsible authorities.
4.0
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 public nuisance.
4.1
5.0
5.1
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.
Recommendations
The Committee is recommended to have notice of the representations 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
Download