Meeting documents

Licensing Sub-Committee
Friday, 23 September 2005

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Friday 23rd September 2005 from 2:00pm to 4:16pm.

Present: Councillor Adrian Crowther (Chairman), Councillors Mick Constable and John Wright.

Officers Present: Miss Langfield, Mrs Potts and Messrs Hawkins and Spiers.

Also In Attendance: Mesdames Bristow, Bootes, Cook, Morrison, Smith and Ward and Messrs Bristow, Cook, Kilby, Smith and Ward.

Apologies: No apologies.

322  

election of chairman

RESOLVED:

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

part b minutes for information

 
323  

application to vary premises licence under the licensing act 2003 – iwade village hall, ferry road, iwade

The Chairman opened the Meeting by introducing the Sub-Committee and the Officers present. He explained that the Sub-Committee would consider two applications in turn and detailed the procedure that would be followed. The case for Iwade Village Hall would be heard first, followed by that of the Golden Ball Public House.

Mr Kilby, the Applicant, presented his case. He explained that Iwade Village Hall had been in existence over 40 years and was used by many sections of the community. The application requested the same hours for alcohol sales as the present licence, but included Sundays as well, as once a month there was a church meeting in the village hall on a Sunday. He informed Members that a noise limiter had been fitted, but was not working properly at the present time, but expected service engineers to repair it imminently. The application for late night refreshments was only for food to be eaten in the hall, and not for take-aways, etc. He explained that the application included an outdoor application so that the nursery group which met at the hall could use the surrounding gardens to play during the summer months.

In response to a question regarding the noise limiter, Mr Kilby confirmed that the levels set would be agreed with Swale Borough Council's (SBC) Environmental Services Department, and that the noise level adjacent would be tamper proof.

In response to questions from Members, Mr Kilby confirmed that use of the gardens outside would be restricted to children only, on Mondays from 09.00 to 15.00, for nursery and toddler groups only, and that recorded or live music for the benefit of those children might take place. He confirmed that there was no intention to hold adult functions outdoors.

The objector, Mr Cook, presented his case, asserting that there had been no effective management of Iwade Village Hall. He reported that bottles had been thrown at his house in the past by patrons of the hall and that he and his next door neighbour felt vulnerable. He noted that Iwade was a village location and was generally quiet and peaceful and that the area of garden outside the hall had been given to the Parish Council approximately four years ago, subject to a covenant that stated that its use should not contribute towards noise and damage to other properties.

In response to a question from a Member, the Senior Solicitor stated that the covenant referring to the land around the hall was not a licensing consideration.

The Chairman then invited local residents to make comments.
The Sub-Committee adjourned to make their decision at 2.33 p.m. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 2.42 p.m. when the Sub-Committee reconvened.

RESOLVED:

(1) That in respect of the Premises Licence Variation at Iwade Village Hall, Ferry Road, Iwade, the Sub-Committee's decision would be deferred for a period of six weeks for further information.
 
324  

application to vary the premises licence under the licensing act 2003 – the golden ball public house, church road, murston.

Mr Bristow, the Applicant, presented his case. He expressed the belief that staggered opening times were more appropriate, as they would cause less inconvenience to his neighbours. He did not intend to allow entry or re-entry to this pub after 23.00, and that the extension to the present opening hours would be used if necessary, particularly to allow indoor sporting events to finish. Music was to be internal only, and he expected that it would normally end at 23.15. Mr Bristow stated that the pub had a large garden, hence the request for a marquee to be used for wedding receptions, parties etc. He explained that a bat and trap team had expressed an interest in meeting at the pub. Any music emanating from the pub would be regulated, and Mr Bristow noted that he had in the past actually asked for music to be turned down. He concluded by stating that he was asking for the facility to carry out these activities if appropriate, but that it would not be a regular occurrence.

In response to questions from the objector, Mr Bristow informed the Sub-Committee that the building dated from approximately 1680, that no attempts at soundproofing had been made, and that he did not hold a public entertainment licence.

In response to questions from Members, Mr Bristow confirmed that the use of a marquee would only be for special events such as wedding receptions and that a band in the marquee would only be allowed to play until 23.15, as he would not wish to disturb his neighbours.

Mr Smith, the spokesman for the objectors, considered that the proposed hours constituted a complete change of usage from pub to nightclub, and that no attempt at soundproofing or closing of doors and windows had been made. He noted that many properties were only five metres away from the pub and that Church Road was a quiet road. Noise nuisance and anti-social behaviour occurred now, and would be worse if the extended hours were granted. In his opinion, regulating entry after a certain time was unworkable. He concluded by suggesting that no music be allowed in the garden at all, and that the garden be vacated at 9.00 p.m.

In response to a question from a Member, Mr Smith explained that a number of properties overlooked the rear garden to the Golden Ball, and that he had called SBC's Environmental Services Department a number of times when noise levels had become unacceptable.

The Chairman then invited local residents to make comments.
The Sub-Committee adjourned to make their decision at 3.27 p.m. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 4.01 p.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 the review under Section 51 to 53 of the Act in the future.

RESOLVED:

(1) That in respect of Premises Licence Variation at the Golden Ball Public House, Church Road, Murston, the Sub-Committee's decision is attached as Appendix 1.

Alcohol Sales: Monday to Thursday 0700 to 0000, Friday and Saturday 0700 to 0100, Sunday 0700 to 0000, New Year's Eve as per days stated above, Bank Holidays as per days stated above, Christmas Eve 0700 to 0200, Boxing Day as per day as stated above.

In addition: Films: Monday to Sunday 1000 to 0000.

Indoor sporting events: Monday to Sunday 1000 to 0000.

Live Music (indoors) including disco and karaoke: Monday to Sunday 1000 to 2200 (maximum of 4 hours duration), New Year's Eve as above (maximum of 8 hours duration), Bank Holidays as above, Christmas Eve 1000 to 0200 (maximum of 8 hours duration), Boxing Day 100 to 2200 (maximum of 4 hours duration).

Live Music (outdoors) marquee (occasional use): Monday to Sunday 1000 to 2200, New Years Eve 1000 to 2200, Bank Holidays 1000 to 2200, Christmas Eve 1000 to 2200, Boxing Day 1000 to 2200, maximum of eight events per year, with maximum of 4 hours duration.

Recorded Background Music: Times as for alcohol sales as above.

Late Night Refreshments, Monday to Sunday 2300 to close.

Premises to close 30 minutes after sale of alcohol ends, no entry/re-entry to the premises after 2300 on any night.
 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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