Meeting documents

Licensing Sub-Committee
Friday, 2 September 2005

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Friday 2nd September 2005 from 10:00am to 12:15pm.

Present: Councillor Woodland (Chairman), Councillors Mick Constable and Prescott.

Officers Present: Miss Hammond, Mesdames Baxter-Rose, Bescoby and Potts.

Also In Attendance: Miss Scanlan, Mesdames Barnard, Green, Henderson, Hutton, Reynolds and Stonor, and Messrs Margrie, Mossman, Reynolds, Stonor and Dr Hutton.

Apologies: No apologies.

272  

election of chairman

RESOLVED:

(1) That Councillor Woodland be elected Chairman for this meeting.
 
 

part b minutes for information

 
273  

application to vary premises licence under the licensing act 2003 – the three tuns public house, tanners street, faversham

The Chairman opened the meeting by introducing the Sub-Committee and the Officers. He explained that the Sub-Committee would consider two applications to vary Premises Licences, under the provisions of the Licensing Act 2003. He then explained that the application for the Three Tuns Public House would be heard first, followed by that of the Sondes Arms Public House. Mr Mossman, a representative from Shepherd Neame, presented the case for the applicants, Mr & Mrs Reynolds. He explained that the Three Tuns was a family run business and Mrs Reynolds had previously been a member of Shepherd Neame staff. The Three Tuns was situated in a mainly residential area with a predominately middle aged clientele. He referred to Swale Borough Council's Licensing Policy which promoted the development within communities of live music. He further advised that the application would allow greater flexibility and would not be used on a regular basis. Mr Mossman made reference to the letters of objection submitted by local residents. He advised that it was their intention to create a friendly and popular venue for local people and he did not want to cause friction with local residents. He explained that live music would cease at 2400 and no new customers would be admitted after 2300. In response to a question from a Member, Mr Mossman explained that no new customers would be admitted after 2300 at weekends. Mr Stonor spoke on behalf of the objectors. He highlighted a number of problems in particular noise disturbance, sleep deprivation and the possible adverse effect on a designated conservation area. He emphasised that as this was a mainly residential area the residents' peace and quiet would be significantly and unreasonably affected. In response to questions from Members, Mr Mossman explained that the garden area would not be used after 2300 and outside activities would cease at 2245. Live music was normally played inside around 12 to 15 times per year. The Chairman then invited local residents to make comments. The Sub-Committee adjourned to make their decision at 10.38 a.m. Members of the Sub-Committee, the Assistant Solicitor and the Democratic Services Officers left the meeting and returned at 11.10 a.m. when the Sub-Committee reconvened. The Chairman stated that the Sub-Committee had given weight to all parties in reaching a decision. The Chairman also reminded those present that the application could be subject to a Section 51 review in the future.

RESOLVED:

(1) That in respect of Premises Licence Variation at the Three Tuns Public House, Tanners Street, Faversham the Sub-Committee's decision is attached as Appendix 1.

Alcohol Sales: Monday to Thursday 1000 to 2400, Friday and Saturday 1000 to 0100, Sunday 1000 to 2400, Bank Holidays/Saints Days 1000 to 2400, Christmas Eve and Good Friday 1000 to 0100.

In addition, provision of indoor sports (spectators and darts/pool) Monday – Sunday 1000 – 2400.

Provision of recorded music (CD's/radio indoors) Monday – Sunday 1000 – 2400.

Provision of late night refreshment (hot drinks) after 2300.

Provision of films (videos for race nights) Monday – Sunday 1000 – 2400.

Provision of live music (solo and duo artists, disco and karaoke) Sunday – Thursday 1000 - 2230, Friday and Saturday 1000 – 2300, Bank Holidays 1000 – 2300. A maximum of 15 events per year be permitted (pro-rata).

Garden to close at 2300 and outside activities to cease at 2245.

Premises to close 30 minutes after sale of alcohol finishes.

Appendix 
274  

adjournment of meeting

The meeting was adjourned at 11.15 a.m. and reconvened at 11.27 a.m.

 
275  

application to vary premises licence under the licensing act 2003– the sondes arms public house, selling

Mr Mossman, a representative for Shepherd Neame, presented the case for the applicant. He apologised for the absence of Mr Kemp, the designated premises supervisor and explained that the application had been made under another name. He informed Members that the Sondes Arms was a traditional community pub at the eastern end of Selling Village near the railway station. He advised that the Sondes Arms was a family friendly pub and was intended to be used as a venue for village Fun Days, Charities and other such events. The clientele was mainly local residents and farmers. Mr Mossman explained that the provision of live music outdoors would cease at 2200. Mr Mossman considered that, with the exception of the residents whose premises lay adjacent to the Sondes Arms, the other objections should be ignored as the distance between the Sondes Arms and their homes, at the Warren, was over 130 yards. He made reference to the objections regarding the number of cars in relation to the Sondes Arms but explained that as the station was so close and had limited parking, the large number of cars could often be attributed to station users. Dr Hutton then put forward his case in objection to the application. He addressed the four criteria outlined in Swale's Licensing Policy, in particular issues which pertained to safety, nuisance, crime and disorder and the protection of children. He emphasised that the later opening times would have an adverse effect on the inhabitants of the village. He further expressed concern that the lights from the Sondes Arms infiltrated through their window and longer opening hours would exacerbate the problem. Dr Hutton expressed concern regarding the land situated around the Sondes Arms and its possible use. In response, Mr Mossman advised that the land to the right of the Sondes Arms was not part of the tenant's tenure and could not therefore be used to extend the pub garden. In response to Dr Hutton, Mr Mossman explained that the youths and teenagers that congregated at the station were under age and would not therefore be granted access to the Sondes Arms. The Sub-Committee adjourned to make their decision at 11.50 a.m. Members of the Sub-Committee, the Assistant Solicitor and the Democratic Services Officers left the meeting and returned at 12.11 p.m. when the Sub-Committee reconvened. The Chairman stated that the Sub-Committee had given weight to all parties in reaching a decision. After advising of the Sub-Committee's decision, the Chairman reminded those present that the application could be subject to a Section 51 Review in the future.

RESOLVED:

(1) That in respect of Premises Licence Variation at the Sondes Arms Public House, Selling, the Sub-Committee's decision is attached as Appendix 2.

Alcohol Sales: Monday to Thursday 1000 - 2400, Friday and Saturday 1000 – 0100, Sunday 1000 to 2400, Bank Holidays/Saints Days 1000 – 2400, Christmas Eve and Good Friday 1000 – 0100.

In addition provision of indoor sports (spectators at darts/pool) hours as for sale of alcohol.

Provision of recorded music (CD's/radio indoors) hours as for sale of alcohol.

Provision of late night refreshment (hot drinks) after 2300.

Provision of films (video's for race nights) Monday – Sunday 1000 – 2400.

Provision of live music (indoors including karaoke and disco) Monday – Sunday 1800 - 2330, New Year's Eve 1800 – 0100. Indoor activities limited to 15 per year (pro-rata).

Outdoor events limited to 12 per year (pro-rata) and provision of music outdoors to cease at 2200. Garden to close at 2230 and children will not be allowed in the garden after 2100.

Premises to close 30 minutes after sale of alcohol finishes.
 
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