Licensing (Activities) Sub-Committee – 7 August 2009

Chair: To be appointed
Venue: Council Chamber, Pittwood House, Ashby Road, Scunthorpe
Time: 10am

AGENDA

  1. Appointment of Chair.
  2. Declarations of personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
  3. Licensing Act 2003 – Notice of Hearing
    1. Application for variation of a premises licence, Der Schnapps Bar, Frodingham Road, Scunthorpe, DN15 7JU
  4. Any other items which the chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillors Davison, O’Sullivan and Poole.

The sub-committee met at Pittwood House, Scunthorpe.

794  CHAIR – Resolved – That Councillor Davison be hereby appointed chair for the meeting.

Councillor Davison thereupon took the chair.

795  DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of personal or personal and prejudicial interests.

796  (14) LICENSING ACT 2003 – APPLICATION FOR VARIATION OF A PREMISES LICENCE, DER SCHNAPPS BAR, FRODINGHAM ROAD, SCUNTHORPE – The Service Director Neighbourhood and Environment submitted a report advising members of an application for a variation of a premises licence at the Der Schnapps Bar, Frodingham Road, Scunthorpe.

Details of the application were outlined in the report, together with the variation application and an e mail of objection and additional supporting documents submitted by Humberside Police.

The Licensing (Activities) Sub-Committee received a request from the Applicant to amend the application.

The applicant informed the sub-committee that they had successfully mediated with the Licensing Officer from Humberside Police.  Consequently the applicant informed the sub-committee that –

  • The application to extend the terminal hour for licensable activities be withdrawn.
  • The application to extend the closing hour on the premises to 04.30 hours be withdrawn.
  • The application to admit children into the premises as applied for be withdrawn.
  • That an extension of the time for entry be amended to 02.30 hours and not 03.00 hours as applied for.
  • The applicant agreed to dispense alcohol within the premises in plastic glasses of a type approved by the police and in plastic bottles where applicable and therefore agreed to the operating schedule being amended as follows: –

“Public Safety

Plastic/polycarbonate glasses and/or plastic bottles will be used exclusively within the premises area from 20.00hrs to closing time Thursday – Sunday inclusive, Christmas Eve and New Years Eve”.

The Chair invited representatives from Humberside Police to comment on the amended application, who informed the sub-committee that should the aforementioned conditions be attached to the licence their objection would be withdrawn.

The Chair invited the councils Legal representative to comment on the amended application, who advised that the sub-committee adjourn the hearing to consider the applicants amended application.

Following a short adjournment the sub-committee reconvened at which point the members sought further clarification from both the applicant and the responsible authority on the impact of the amended application on the councils cumulative impact policy.

Both the applicant and the responsible authority agreed that the amended application was not contrary to the cumulative impact policy, and would not add to the cumulative impact issues already experienced in the area.

The sub-committee procedure was then followed with the further questioning of both parties.  No summary was offered by the parties and members adjourned again to consider the request to amend the application.

The Service Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:

  • To modify the conditions of the licence;
  • To reject the whole or part of the application

Following the summary of the case, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –

Resolved – The Sub-Committee resolved unanimously to grant the application as modified by signed agreement by the applicant, and agreed by the Police in today’s hearing with the following conditions –

  1.  Condition

New customers must not enter the premises after 02.30 hours.  Those existing customers who wish to smoke and leave the premises for that purpose after 02.30 hours must a) smoke in a designated area, and b) be readily identifiable to the door staff, police and licensing authority.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety No
The Prevention of Public Nuisance Yes
The Protection of Children from Harm No

Reason

The sub-committee was satisfied that the applicant and the police through their withdrawal of objection, had shown that the proposed modified application would not add to the cumulative impact experienced in the area.

  1.  Condition

That plastic/polycarbonate glasses and/or plastic bottles will be used exclusively within the premises from 20.00hrs until closing time.  Thursday – Sunday inclusive, Christmas Eve and New Years Eve.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder No
Public Safety Yes
The Prevention of Public Nuisance No
The Protection of Children from Harm No

Reason

To assist in reducing and negating difficulties that may be experienced in the cumulative impact area