Licensing (Activities) Sub-Committee – 7 March 2013

Chairman:  To be appointed
Venue:  Council Chamber, Civic Centre, Ashby Road, Scunthorpe
Time:  11 am
AGENDA
1.  Appointment of Chairman.

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 the variation of a premises licence at the Jolly Miller, Brigg Road, Wrawby, Brigg, North Lincolnshire, DN20 8RH

4.  Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillors Eckhardt, Jawaid MBE and P Vickers.

The sub-committee met at the Civic Centre, Scunthorpe.

1076  CHAIRMAN – Resolved – That Councillor Eckhardt be and he is hereby appointed chairman for the meeting.

Councillor Eckhardt thereupon took the chair.

1077  DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of disclosable pecuniary interests and personal or personal and prejudicial interests.

1078  (36)  LICENSING ACT 2003 – APPLICATION FOR THE VARIATION OF A PREMISES LICENCE AT THE JOLLY MILLER, BRIGG ROAD, WRAWBY, BRIGG, NORTH LINCOLNSHIRE – The Director of Places submitted a report advising members of an application to vary a premises licence atthe Jolly Miller, Brigg Road, Wrawby, Brigg, North Lincolnshire.

Details of the application were outlined in the report, together with the variation application form, existing premises licence, letters of objection from Humberside Police, Humberside Fire and Rescue Service, Environmental Health (Commercial), Trading Standards, the Licensing Authority as well as 12 letters of objection from Interested Parties.

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

The sub-committee received two requests to vary the procedure for the hearing.  An Interested Party enquired as to the necessity to hear the variation application following the recent decision of the Planning Committee.  The Planning Committee refused the minor amendment application at its meeting on 13 February 2013 as it did not consider the ‘building’ to be a smoking shelter.  Therefore, as this Licensing application referred in part to the smoking shelter, the meeting should not be heard.

The Chairman invited the Director of Policy and Resources to respond to the request.  The Director advised the sub-committee that decisions on Planning and Licensing respectively were made under different legislation.

The Licensing variation application had to be determined on its own merits based on the evidence heard at the meeting with regard to the four licensing objectives.

Secondly, the applicants solicitor respectfully requested that the procedure be varied to allow for an extension of the time limits.  This was to allow the applicant to properly address the representations made by the Responsible Authorities and Interested Persons.  An extension to forty minutes for each parties presentation and an extension to fifteen minutes for the summary of each parties case was requested.

Following a short discussion between the sub-committee members, the Chairman informed all parties that the sub-committee agreed to the time extensions requested by the applicants solicitor.

Consequently, the hearing would proceed.

Following the summary of the case of the applicant as well as Humberside Police, Humberside Fire and Rescue Service, the council’s Environmental Health (Commercial) unit, Trading Standards and the Licensing Authority as well as an Interested Party, the Chairman suggested a short adjournment to allow all parties to discuss the conditions that had been proposed by each side.  This was to allow all sides to agree a definitive set of conditions that each party was agreeable to being attached to the licence.  The sub-committee would then consider any conditions that could not be agreed once the meeting had been reconvened.

Once the meeting had been reconvened, the Licensing Officer informed the sub-committee of the conditions that had been agreed by all parties.

However, as all the conditions had not been agreed, the sub-committee would then deliberate and agree or decline the proposed conditions to be attached to the licence.

Resolved – The Sub-Committee agreed all the conditions proposed and circulated by Trading Standards, the Licensing Authority and Humberside Police, subject to the inclusion of the following with regard to Environmental Health –

  1. Condition

No audible entertainment, including but not limited to, the performance of live music, karaoke, the provision of background music and the provision of television shall be provided in external areas, including the smoking shelter, other than on the one day of August Bank Holiday that is detailed in an existing condition on the current premises licence.

The condition related to the following Licensing Objectives –

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

Reason

To mitigate the impact of public nuisance on surrounding properties .

  1. Condition

At intervals of at least every 20 minutes on a Monday to Friday after 19.00 hours and on a Saturday, Sunday and Public Holiday from 12.00 noon, the licence holder or his representative shall conduct regular assessments of the noise coming from external areas including the smoking shelter when they are 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 them and the results including any remedial action.

The condition related to the following Licensing Objectives –

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

Reason

To mitigate the impact of public nuisance on surrounding properties.