Stockton-on-Tees Borough Council

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Licensing Sub Committee (ceased to operate 10/04/2017) Minutes

Date:
Monday, 8th April, 2013
Time:
10.00am
Place:
Council Chambers, Town Hall, High Street, Stockton-on-Tees. TS18 1AU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton, Cllr Tina Large, Cllr Phil Dennis
Officers:
P Edwards (DNS); J Nertney (LD)
In Attendance:
Mr Burns (Tees Music Alliance)and Mr Cobain (Designated Premises Supervisor)
Apologies for absence:
None
Item Description Decision
Public
LSC
26/12
APPOINTMENT OF CHAIR
RESOLVED that Cllr Kirton be appointed Chair of this meeting only.
LSC
27/12
DECLARATIONS OF INTEREST
 
LSC
28/12
LICENSING ACT 203 - APPLICATION FOR GRANT OF A PREMISE LICENCE - THE GEORGIAN THEATRE AND THEATRE YARD, GREEN DRAGON YARD
RESOLVED that the application for grant of a premise licence for the Georgian Theatre and Theatre Yard, Green Dragon Yard be approved in accordance with the plan as detailed on the application form and for the following hours:-

• The supply of alcohol on and off the premises - Monday to Sunday 11:00 to 02:00; and
• Plays, Live Music, recorded Music and Performance of Dance (indoors) between 09:00 and 02:00; and
• Films (indoors) - Monday to Thursday 09:00 to 00:00, Friday and Saturday 09:00 to 02:00 and Sunday 09:00 to 00:00
• Hours premises are open to the public - Monday to Sunday 09:00 to 02:00
10.00 - 12.00 noon

Preamble

ItemPreamble
LSC
27/12
There were no declarations of interest.
LSC
28/12
Members considered a report to determine an application for the grant of a premise licence which had been received from Tees Music Alliance, in relation to the Georgian Theatre including the Theatre Yard, Green Dragon Yard, Stockton-on-Tees under the Licensing Act 2003 to which there had been a representation from an interested party.

The applicant had applied for a licence for the following:

Supply of Alcohol
Monday to Sunday 11.00 until 02.00 hours

Plays, Live Music, Recorded Music & Performance of Dance
Monday to Sunday 09.00 until 02.00 hours

Films
Monday to Thursday 09.00 until Midnight
Friday to Saturday 09.00 until 02.00 hours
Sunday 09.00 until Midnight

A copy of the application was provided to Members.

After discussions with Cleveland Police and Environmental Health the applicant provided further information regarding the role of stewards for the outdoor area.

One representation had been received from an interested party wishing to object to this application. The representations related to the prevention of public nuisance objectives.

Members were reminded of the need to give due consideration to Stockton Borough Councils Licensing Policy Statement and the Section 182 Revised Guidance issued October 2012 under the Licensing Act 2003 when determining this application.

Members were required to carry out their functions with a view to promoting the four licensing objectives.

The Committee gave consideration to the report, the application and the representation which had been received.

Mr Burns stated that the premise had been licensed for approximately 20 years and that the current application did not vary the licensing hours which applied to the existing licence. The intention of the application was to include on the licence the external area known as Theatre Yard. This area was currently licensed under a premises licence held by Mr Reeves, Events Manager at Stockton Council. That licence included the area known as the Cultural Quarter which also included Green Dragon Yard and that licence was normally utilised for events during Stockton International Riverside Festival.

Mr Burns stated that the intention of including Theatre Yard on the premises licence for the Georgian Theatre was to utilise that area on an occasional basis as weather permitted and to facilitate a link between Georgian Theatre and Green Dragon Studios if events were being held in both premises. In order to allow the use of Theatre Yard the licensed area would be clearly defined by barriers and stewards would monitor that area. In response to a query Mr Burns confirmed that members of the public would be able to pass through the area and this would be facilitated by the stewards. Mr Burns stated that if the area was to be utilised for an event then notices would be placed at the entrance points to advise members of the public that access to the High Street or Riverside could also be gained via Finkle Street or Silver Street.

Mr Burns stated that Tees Music Alliance was a responsible operator and worked with all responsible authorities in order to ensure that their legal obligations were fulfilled. After a question from a Member of the Committee Mr Burns confirmed that if the area known as Theatre yard was utilised under the licence then they would ensure that the area was cleared and cleaned of any bottles or other litter after any event.

Mr Burns and Mr Cobain summarised the due diligence procedures which the premise operated and detailed the conditions which would be attached to the licence if granted.

Mr Burns noted that one representation had been received from a local resident. Mr Burns noted that the premise had no record of complaints from Mrs Cooper and her representation referred to one incident when it was alleged that patrons had caused nuisance.

Mr Burns confirmed that the licence conditions that applied to the existing licence would also be applied to the new licence application. Mr Burns confirmed that if the Members of the Committee granted the licence application then the existing licence for Georgian Theatre would be surrendered.

The interested party was not in attendance at the meeting and Members therefore had regard to her written representation.

Mr Burns summed up the application on behalf of the applicant.

Members noted that the application before them was for a new premises licence but that this mirrored the existing premise licence save for the addition of the area known as Theatre Yard to the premises licence.

Members noted that as Cleveland Police and Environmental Health had now withdrawn their representation there were no representations from any of the responsible authorities. Members noted in the interested party's representation she had stated that she did on occasion hear noise from the premise but there was no evidence before Members of any history of noise complaints connected with the premise.

Members had no evidence before them that demonstrated the licensing objectives would be undermined if the licence was issued. Members were mindful of the relevant case law and in particular the case of Daniel Thwaites. The Licensing Sub Committee were legally obliged to consider the application in accordance with the Licensing Act 2003 and irrelevant issues could not form part of their decision making and had to be disregarded. Members were satisfied from the evidence that had been presented that the applicant was a responsible operator and there was no evidence to persuade Members that the licensing objectives would be undermined if granted.

After giving consideration to all of the evidence and the representations made both in writing and orally Members were satisfied that the licensing objectives would not be undermined and the application for the premises licence was approved in accordance with the plan as detailed on the application form and for the following hours:-

• The supply of alcohol on and off the premises - Monday to Sunday 11:00 to 02:00; and
• Plays, Live Music, recorded Music and Performance of Dance (indoors) between 09:00 and 02:00; and
• Films (indoors) - Monday to Thursday 09:00 to 00:00, Friday and Saturday 09:00 to 02:00 and Sunday 09:00 to 00:00
• Hours premises are open to the public - Monday to Sunday 09:00 to 02:00

As the interested party was not in attendance Members requested that she be advised in the decision letter that should there be any crime and disorder, public nuisance or other relevant issues in the future then these should be raised firstly with the premise and also with the responsible authorities such as Cleveland Police, the Council's Environmental Health Section or Licensing Section.

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