Licensing (Activities) Sub-Committee – 13 June 2012
Time: 10 am
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
(i) Application for variation of a premises licence, Charlie’s Bar, 73 Fleetgate, Barton-upon-Humber
4. Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.
PRESENT: Councillors Allcock, T Foster and Whiteley
The sub-committee met at the Civic Centre, Scunthorpe.
1006 CHAIRMAN – Resolved – That Councillor T Foster be and he is hereby appointed chairman for the meeting.
Councillor T Foster thereupon took the chair.
1007 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.
1008 (1) LICENSING ACT 2003 – APPLICATION FOR THE VARIATION OF A PREMISES LICENCE, CHARLIE’S BAR, 73 FLEETGATE, BARTON-UPON-HUMBER – Further to Minute 996, the Director of Places submitted a report advising members of an application to vary the premises licence at Charlie’s Bar, 73 Fleetgate, Barton-upon-Humber.
Details of the application were outlined in the report, together with the variation application form, existing premises licence and letters of objection from the council’s Environmental Protection Team and an Interested Party.
There was no application to vary the procedure. However, the Licensing Officer informed the sub committee that an e mail contained within the agenda documentation on page 51 had been included inadvertently. Therefore, the Licensing Division respectfully requested that the e mail be withdrawn and members not refer to its content.
The sub-committee members agreed this request.
The 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 of the applicant as well as the council’s Environmental Protection Team, 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 modify the conditions of the licence, subject to the inclusion of the following conditions –
(i) The door used to access the side (and rear) areas shall be fitted with a functioning self-closing device that shall not be restricted.
(ii) The consumption of beverages shall not be permitted in any external area after 22:00 hours. This includes the side smoking shelter where drinks will not be consumed after 22:00 hours.
(iii) The gate between the side external area and the rear area shall be closed and locked after 22:00 hours by a responsible person elected each night and recorded in the monitoring log book. The location of the gate will be clearly shown on the premises plan as agreed with the Licensing Authority.
(iv) The rear external area shall not be used after 22:00 hours.
(v) The existing condition requiring regular assessments of noise from the premises when regulated entertainment is provided be replaced with “At intervals of at least every 20 minutes, the licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment (including use of the jukebox) and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the name of the person making them and the results including any remedial action. This record shall be made available for inspection by Authorised Officers upon request”.
(vi) Noise from people using the external areas shall be monitored and controlled at intervals of at least every twenty minutes. The licence holder or his representative shall conduct regular assessments of the noise coming from the external area when it is in use and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the name of the person making hem and the results including and remedial action taken. This record shall be made available for inspection by Authorised Officers upon request.
The condition relates to the following licensing objectives –
|Prevention of Crime and Disorder||No|
|The Prevention of Public Nuisance||Yes|
|The Protection of Children from Harm||No|
The protect the amenities of local residents.