election of chairman

part b minutes for information

application to vary premises licence under the licensing act 2003 – the playa public house, the leas, minster-on-sea

The Chairman opened the meeting by introducing the Sub-Committee and the Officers. He explained that the Sub-Committee would consider an application to vary a premises licence, under the provisions of the Licensing Act 2003, for the Playa Public House, The Leas, Minster-on-Sea. The Chairman noted that the application for use of a marquee for New Year's Eve would be considered at a future meeting.

Mr Moran (Senior), the Applicant, presented his case. He advised that he had not included the showing of films for race nights in this application but would be making a further application for this in the near future. Mr Moran explained that Swale Borough Council's (SBC) licensing policy aimed to promote arts and entertainment and give freedom and flexibility to both Licensees and customers. He had been a Licensee for 20 years, and had worked as a barman for 36 years. He referred to the potential use of Sections 51-53 of the Act, which offered protection to everyone. He wished to have a flexible licence, although he had no intention of opening for long hours all of the time. There had never been any objections to the way he ran the pub. Mr Moran explained he had been the Licensee at the Playa since 1998 and had invested greatly to make the business profitable, as he believed that a pub should be the hub of the community. The Playa was now a successful business incorporating a restaurant as well. Mr Moran estimated that 95% of his customers were also his neighbours, and he was therefore surprised by the intensity of the objections to his application, and referred to information circulated throughout the local area by the objectors.

Mr Gliddon, the spokesman for the objectors stated that he was not voicing objection to the Playa Public House, only the proposed extended opening hours. In his opinion Mr Moran was a good Licensee, however as the Playa was in a residential area, he was concerned that the residents would be subjected to serious disturbance by the extended opening hours. This included the sound of car engines, car doors, and other associated noise. Local residents accepted the terms under which the Playa was operating at present, and did not wish to damage the business.

In response to a question from a Member, the Senior Solicitor reported that a Noise Abatement Notice had been served against the Playa in December 2000 which had been breached on two occasions during 2001. Mr Moran had been subsequently prosecuted and had received a conditional discharge for 12 months.

In response to a question from the Chairman regarding the hours of recorded music, Mr Moran confirmed that this was only background music.

In response to a further question from a Member, Mr Moran explained why he had asked for licensing hours to commence at 8.00 a.m. This would be useful for certain special occasions, such as champagne breakfasts. Mr Moran further stated that he had no intention of opening the pub at all times to the hours requested in the application, but only to cover special occasions such as parties, etc.

The Chairman then invited local residents to make comments.

The Sub-Committee adjourned to make their decision at 11.06 a.m. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 11.32 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 review under sections 51-53 of the act in the future.