northlincs.gov.uk

PRESENT:  Councillors Barkworth, L Foster and Ellerby.

The sub-committee met at Pittwood House, Scunthorpe.

765  CHAIR – Resolved – That Councillor Barkworth be hereby appointed chair for the meeting.

Councillor Barkworth thereupon took the chair.

766  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.

767  (34) LICENSING ACT 2003 – APPLICATION FOR GRANT OF A PREMISES LICENCE, THE PEACOCK INN, 37 ASHBY HIGH STREET, SCUNTHORPE– The Service Director Neighbourhood and Environment submitted a report advising members of an application for grant of a premises licence at The Peacock Inn, 37 Ashby High Street, Scunthorpe.

Details of the application were outlined in the report, together with the application to grant a premises licence, a copy of the mediation between the applicant and the Environmental Protection Team, nine letters of objection from local residents, two letters of objection from North Lincolnshire councillors and a letter of objection from Humberside Police.

There was no application to vary the procedure.  However, the Licensing Officer informed the sub-committee that an amended plan for the premises was received by the Licensing Authority on 2 April 2009.  The application consultation period closed on 26 March 2009.  The amended plan was therefore received outside the consultation period.

Mr Pascoe (solicitor for the applicant) stated that the Licensing Authority, as well as all the additional statutory consultees received the amended plan on 2 April 2009.  The amended plan highlighted additional fire exits that would be installed at the premises.  Humberside Police, the council’s Building Control and Planning Department had approved the amended plan.

Humberside Police (PC Turner) stated that they had seen the amended plan.  However, it was received outside of the consultation period.

Environmental Protection Team (Mrs Robinson) stated that hey had not been consulted on the amended plan.

The objectors stated that they had not been consulted on the amended plan.

The Chair invited the council’s legal representative to comment on the submission of the amended plan outside of the consultation period.

The council’s legal representative suggested that the meeting be adjourned to enable the members of the sub-committee to seek legal advice, whereby it was agreed –

That regardless of the dating of the letter, the new plan was clearly outside of the consultation period.

The sub-committee were not prepared to pre-judge what the response of the statutory consultees may have been on this plan.

The Licensing Authority did not accept the late service of the plan.  The Police appear to support this view and Environmental Health had confirmed that they have not seen the plan.

Although the objectors may not have any fundamental view on the technical layout at the premises, they are clearly uneasy at the prospect of a new plan.

We propose to continue with the application based on the original plan.

The meeting therefore continued as per the procedure.

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 refuse to grant the licence
• To grant the licence with additional conditions
• To grant the licence without additional conditions
• To grant the licence but restrict the licensable activities
• To grant the licence with restricted times

The applicant, responsible authorities and the interested parties addressed the sub-committee and responded to questions.

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 premises license, with the following conditions

1.  Condition

That the premises be open from 10:00 hours to 01:00 hours from Sunday to Saturday inclusive.  That from Sunday to Saturday inclusive all licensable activities cease by 00:30 hours, with the exception of New Years Eve and Christmas Eve, whereby the premises open at 10:00 hours and close at 01:30 hours, with all licensable activities to cease at 01:00 hours.

The condition relates to the following Licensing Objectives –

Reason

To reduce the hours to a time acceptable and appropriate to the locality and for the protection of residents from crime and public nuisance in the early hours of the morning

2.  Condition

That all external windows and doors shall be kept closed when regulated entertainment is being provided, except in the case of an emergency.

The condition relates to the following Licensing Objectives –

Reason

To reduce the noise levels that may omit from the premises.

3.  Condition

The licence holder or his representative shall conduct regular assessments of the noise coming from the premises and on occasions where there is regulated entertainment, take steps to reduce the noise levels where it is likely to cause disturbance to local residents.

The condition relates to the following Licensing Objectives –

Reason

To reduce the impact of excess noise on the local residents.

4.  Condition

There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or member and their guests) notices requiring customers to leave the premises and the area quietly.

The condition relates to the following Licensing Objectives –

Reason

To encourage customers to leave in a proper manner so as not to impact on local residents.

5.  Condition

That regular noise checks will be made by staff and written records kept.  These records to be made available for Humberside Police and relevant statutory authorities.

The condition relates to the following Licensing Objectives –

Reason

To minimise noise disturbance for local residents

6.  Condition

That a personal licence holder be on the premises at all times when there is a function on the first floor.

The condition relates to the following Licensing Objectives –

Reason

To ensure all licensable activities and conditions are adhered to.

7.  Condition

That the occupancy figures for the premises for Crime and Disorder will not exceed the fire risk assessment figures that apply to the premises.

The condition relates to the following Licensing Objectives –

Reason

To protect all patrons and employees using the premises.

8.  Condition

Should the Police, under the prevention of Crime and Disorder objective, require that SIA registered door supervisors be required at any particular type of event, then this will be complied with using the appropriate numbers of SIA registered door supervisors relevant for the event.

The condition relates to the following Licensing Objectives –

Reason

To ensure the proper policing of events.

9.  Condition

That CCTV be installed and operated in the premises prior to it opening.  The CCTV shall conform to the Humberside Police Codes of Practice.

The condition relates to the following Licensing Objectives –

Reason

To protect customers, to assist the Police and to protect local residents.

10.  Condition

That page 14, Part E of the application form be amended to read “all children shall leave the premises by 20:00 hours unless either a guest at a private function or partaking of a restaurant meal and accompanied by their parents or guardian.

The condition relates to the following Licensing Objectives –

Reason

To ensure the appropriate measures are in place to protect children who may be using the premises.