Agenda item

Report of Director of Legal Services (enclosed)

Attached for Members information is the Hearing Procedure

The Director of Legal Services submitted a report regarding an application to vary a premises licence in respect of St Bede’s Parish Centre, Brownley Street, Clayton-le-Woods.

The report stated that the current licensable activities were as follows:

Ÿ          The supply of alcohol by retail (on and off the premises) on

            Monday - Saturday            -                       11.00 hours - 23.00 hours

            Sunday and Good Friday            12.00 noon - 22.30 hours

            Christmas Day 12.00 noon - 15.00 hours and 19.00 hours - 22.30 hours

            New Year’s Eve 11.00 hours - 11.00 hours (next morning by deregulation order).

Ÿ            Regulated entertainment for private members club or private hire during the above hours.

Ÿ          The current licence was also subject to a number of embedded conditions in relation to those embedded in the Licensing Act 1964.

A copy of the application to vary the existing premises licence and allow the following licensable activities during the times indicated was attached to the submitted report:

Ÿ            Regulated Entertainment

            1)            Live Music - Indoors

                        Monday - Sunday inclusive 11.00 hours - 01.00 hours

                        Live entertainers will be engaged to perform live music in the premises, live bands etc.

            2)            Recorded Music - Indoors

                        Monday - Sunday inclusive 11.00 hours - 01.00 hours

                        The playing of recorded music will take place on the premises in the form of discos at family functions etc.

            3)            Provision of facilities for making music - Indoors

                        Monday to Sunday inclusive 11.00 hours - 01.00 hours

                        Karaoke by means of amplified equipment

            4)            Provision of facilities for dancing - Indoors

                        Monday - Sunday inclusive 11.00 hours - 01.00 hours

                        Dancing provided in function room to enable dancing on the premises

Ÿ          Supply of Alcohol - On or Off the Premises

                        Monday - Sunday inclusive 11.00 hours - 01.00 hours

                        New Years Eve - deregulated and facility may be provided beyond hours stated

Ÿ          Late Night Refreshment - Indoors

                        Monday - Sunday inclusive 23.00 hours - 01.00 hours

                        Occasionally functions accompanied by buffet or Hot Pot Supper after 23.00 hours and it is desirable to have the facility to supply hot tea/coffee as an alternative to alcohol if requested.

The report also outlined the additional measures that the applicant had indicated would be taken to promote and ensure the achievement of the four relevant licensing objectives.

While there had been no representations from Responsible Authorities, an objection had been lodged by the occupants of a neighbouring property.  The applicant and his representative attended the meeting.  The applicant’s representative indicated that, following subsequent negotiations between the applicants and the interested parties, the interested parties would be prepared to withdraw their objection in the event of the applicant being prepared to revise his application for a variation of the premises licence by (a) restricting licensable activities to between 11.00 hours and 23.00 hours on Sundays to Thursdays and between 11.00 hours and 00.30 hours on Fridays and Saturdays; (b) prohibiting 18^th birthday parties; and (c) erecting signage on the premises requesting customers to leave quietly.

The applicant confirmed his willingness to revise the application for a variation of the premises licence generally in line with the amendments suggested by the objectors.  However, the applicant’s representative indicated that, in so far as 18^th birthday parties, they would be prepared to agree not to knowingly hold 18^th birthday parties on the premises.

The Sub-Committee Members raised a number of pertinent issues with the applicant and his representative and considered all the written and verbal evidence in the context of the provisions of the Council’s adopted Statement of Licensing Policy and Government guidelines.  After taking account of all representations and relevant factors, the Sub-Committee arrived at the following unanimous DECISION:

“We have carefully considered the representations made by Mr Sumner, the applicant’s representative, and note that the application has been amended in the light of the interested parties representations.

We also note that the interested parties have not attended today and we have had sight of an e-mail from the interested parties dated 28 June 2005 in which the interested parties confirm they have no objections to the amended hours.

We note that there appears to be an outstanding issue regarding 18^th birthday parties.  However, the applicant has offered up a condition which states that the licence holder will not knowingly permit bookings for 18^th birthday parties on the premises.

Therefore, we grant the application for variation for the following hours:

Regulated entertainment            Sunday - Thursday 11.00 to 23.00.

            Friday and Saturday 11.00 to 00.30 hours

Alcohol on or off premises            Sunday - Thursday 11.00 to 23.00

            Friday and Saturday 11.00 to 00.30 hours

Late Night Refreshment            Friday and Saturday 23.00 hours to 00.30 hours

The premises to be closed at the following times:

            Sunday to Thursday Midnight

            Friday and Saturday 01.30 hours

The conditions set out in the operating schedule will be imposed on the licence together with the extra condition relating to 18^th birthday parties.

We also grant the variation to remove the conditions relating to children under 14 and the restrictions in conditions numbers 3 and 5 on the liquor licence.”