Meeting documents

Licensing Sub-Committee
Thursday, 15 September 2005

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Thursday 15th September 2005 from 2:00 p.m. to 3.11 p.m.

Present: Councillor Barnicott (Chairman), Councillors Bobbin and Mick Constable.

Officers Present: Miss Hammond, Mrs Potts and Mr Hawkins.

Also In Attendance: Mesdames Auston, Groom-Jobey and Jones and Messrs Auston, Groom-Jobey and Stimpson.

Apologies: No apologies.

308  

election of chairman

RESOLVED:

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

part b minutes for information

 
309  

application to vary premises licence under the licensing act 2003 – the elephant public house, the mall, faversham

The Chairman opened the meeting by introducing the Sub-Committee and the Officers. He explained that the Sub-Committee would consider two applications in turn and explained the procedure that would be followed. The Chairman drew Members’ attention to the tabled item, a letter from the landlord of The Elephant Public House, which outlined the case in favour of the application. In response to the tabled letter, the Senior Solicitor clarified that that he had visited the premises with the Licensing Officer, and not a member of the Committee. Mr Groom-Jobey spoke in objection to the application. He emphasised that his main concern was the unacceptable noise levels generated from the premises. He explained that to ventilate the premises the door was kept open, which kept residents awake and was prejudicial to their health. He referred to item 3.27 of Swale Borough Council’s (SBC) Licensing Policy regarding the possible installation of air conditioning, which would remove the need to open windows and doors. The Sub-Committee adjourned to make their decision at 2.17 p.m. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 2.29 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 Elephant Public House, The Mall, Faversham, the Sub-Committee’s decision is attached as Appendix 1.

Alcohol Sales: Monday to Saturday 1000 – 0000, Sunday 1200 – 0000, New Years Eve 1000 – 0100 the next day, Bank Holidays/Christmas Eve/Saints Days and Halloween 1000 – 0100.

In addition provision of recorded music, live music (including karaoke and disco) and films: Monday to Saturday 1000 – 2300, Sunday 1000 – 2230, Bank Holidays/Christmas Eve/Saints Days and Halloween 1000 – 0100, New Years Eve 1000 – 0100 the next day. Live music limited to two per week.

Doors and windows must be closed at all times when entertainment takes place.

Premises to close 30 minutes after sale of alcohol finishes.

That the requests received from the Fire Authority regarding lighting and exit signage are completed prior to the 24th November 2005.

Appendix 
310  

application to vary the premises licence under the licensing act 2003 – the prince of waterloo public house, minster road, minster on sea, sheppey

Mr Stimpson, a representative from Greene King Pub Partners, spoke on behalf of the applicants Mrs Auston and her son Mr Auston. He outlined the proposed hours and emphasised that live music was not played frequently and often consisted of jazz duos or a solo singer accompanied by a music machine. He explained that in the vicinity of The Prince of Waterloo there were a number of take away restaurants and other public houses and any disturbance and anti-social behaviour could often be attributed to these premises. He explained that Mrs Auston’s focus was on establishing a good reputation for the restaurant area, which had recently been refurbished and inspected. He also noted that the applicants had received around 12 letters of support for the application from regular customers. Mrs Jones then put forward her case in objection to the application. She explained that she had no major objections to the extension of the opening hours; her primary concern was the noise levels. The level of noise that emanated from the premises was an infringement on her rights and often disturbed her sleep, particularly when the doors were left open. In response, Mrs Auston explained that she appreciated Mrs Jones’ comments and had spent time investigating the noise levels. She noted that live music was not a regular occurrence and the premises had no permanent amplifying equipment installed. She further explained that, since a complaint from Mrs Jones, she no longer had outside music. Mr Auston advised Members that the establishment was well kept and they did not encourage a young clientele. The Prince of Waterloo had double glazed windows, a fresh air ventilation system and sound interlining curtains and blinds, which were closed when they had live music. Members examined Mrs Auston’s appointment book, which recorded the dates for future events at the Public House. Mrs Jones declined to see the appointment book. The Sub-Committee adjourned to make their decision at 2.54 p.m. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 3.06 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 Prince of Waterloo, Minster Road, Minster on Sea, Sheppey the Sub-Committee’s decision is attached as Appendix 2.

Alcohol Sales: Monday to Thursday 1000 – 0000, Friday and Saturday 1000 – 0100, Sunday 1200 – 2330, New Years Eve 1100 – 0100 the next day, Bank Holidays/Good Friday/Christmas Eve and Christmas Day 1000 – 0100.

In addition provision of live music (to include karaoke and disco): Monday to Thursday 1900 – 2300, Friday and Saturday 1900 – 2330, Sunday 1100 – 1600 and 1700 – 2300, Bank Holidays/Good Friday/Christmas Day 1900 – 0000, New Years Day 1200 – 0200 the next day. Live music limited to three per week.

Provision of recorded music: Friday and Saturday 1900 – 2330, Bank Holidays 1900 – 2400.

Provision of dancing: Monday to Thursday 1900 – 2300, Friday and Saturday 1900 – 2330, Sunday 1100 – 1600 and 1700 – 2300 and Bank Holidays 1900 – 0000. Not to include dancing of an erotic or adult nature.

Doors and windows must be closed at all times when entertainment takes place.

Premises to close 30 minutes after sale of alcohol finishes.

A noise inhibitor to be installed if advised by the Environmental Health Department at SBC.

Appendix 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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