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