Stockton-on-Tees Borough Council

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

Date:
Wednesday, 1st May, 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 Michael Clark, Cllr Eileen Johnson
Officers:
P Edwards (DNS); J Nertney (LD)
In Attendance:
Mr Gallafant (Representative for Mrs Camsell - Applicant)
Apologies for absence:
None
Item Description Decision
Public
LSC
4/13
APPOINTMENT OF CHAIR
RESOLVED that Cllr Kirton be appointed Chair of this meeting only.
LSC
5/13
DECLARATIONS OF INTEREST
 
LSC
6/13
LICENSING ACT 2003 - APPLICATION FOR GRANT OF A PREMISE LICENCE - THE MOCKINGBIRD DELI, HIGH STREET, YARM, STOCKTON-ON-TEES
RESOLVED that the application for grant of a premise licence for the Mockingbird Deli, High Street, Yarm, Stockton-on-Tees be approved for the following hours:-

The supply of alcohol (on and off the premises)
- Monday to Saturday 08:30 to 20:30
- Sunday 10:30 to 15:30
With a 30 minute drinking up time/wind down period to tie in with the closing time of the premise.

• Recorded music - Monday to Saturday 08:00 to 21:00
Sunday 10:00 to 16:00

• Live music - Friday and Saturday 18:00 to 21:00

• Opening hours - Monday to Saturday 08:00 to 21:00
Sunday 10:00 to 16:00

And that conditions should be applied to the licence consistent with the operating schedule and the information provided by the applicant.
10.00 - 12.00noon

Preamble

ItemPreamble
LSC
5/13
There were no declarations of interest.
LSC
6/13
Members considered a report to determine an application for the grant of a premise licence from Helen Camsell, in relation to the Mockingbird Deli, 18 High Street, Yarm, 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 On and Off the Premises
Monday to Saturday 08.30 until 21.00 hours
Sunday 10.30 until 16.00 hours

Recorded Music
Monday to Saturday 08.00 until 21.00 hours
Sunday 10.00 until 16.00 hours

Live Music
Friday and Saturday 18.00 until 21.00 hours

A copy of the application was provided to Members.

After discussions with Cleveland Police and Environmental Health the applicant agreed conditions to be added to their Operating Schedule.

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

Members gave consideration to the report, the application and the one representation which had been received.

Mr Gallafant submitted apologies on behalf of Mrs Camsell, the applicant. Mr Gallafant advised that he was present to represent Mrs Camsell.

Mr Gallafant stated that the premise was essentially a coffee shop which had some light background music. The premise tended to attract an older clientele which were all seated and there was no bar area which would allow people to stand and consume alcohol. There were a number of residential flats very close to the premise and none of those residents had submitted an objection to the application.

Mr Gallafant confirmed that the applicant had agreed conditions with Cleveland Police and Environmental Health and that he believed the premise would not cause any nuisance to local residents.

There were no representations from responsible authorities. Cleveland Police and Environmental Health had withdrawn their representation following the applicant agreeing to conditions to be attached to the licence should it be granted.

The interested party who had submitted a representation was not in attendance at the meeting so Members had regard to his written representation which raised a number of issues including:-

• Sufficiency of premises in Yarm;
• People had walked into Lord Nelsons Yard inebriated and carrying bottles resulting in the Police been called;
• Yarm High Street had too many public houses and restaurants;
• After 21:00 hours particularly on a Friday and Saturday there were a lot of drunk people on Yarm High Street.

All parties were given an opportunity to sum up with the applicant having the final submission.

Members noted that the application before them was for a new premises licence requesting the supply of alcohol and live and recorded music.

The applicant had agreed conditions to be attached to their operating schedule and Cleveland Police and Environmental Health had withdrawn their representation. Members noted that the Police had withdrawn their representation and it followed that they therefore had no concerns over the premise undermining the crime and disorder objective.

Members noted that the person who had made a representation was not in attendance and therefore had regard to his written comments. A number of issues raised were not deemed to be relevant considerations for Members and they were disregarded. The representation referred to sufficiency of premises in the locality and as there was no cumulative impact policy in place in relation to Yarm this was not a relevant consideration that Members could consider. Members were satisfied that the nature of this application was not one which would add to public nuisance and crime and disorder.

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. It was noted that this application was for the supply of alcohol and for live and recorded music but all activities were intended to cease at a fairly early terminal hour. Members had not been provided with any statistics detailing the level of anti-social behaviour in the vicinity.

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 that the there was no evidence to persuade Members that the licensing objectives would be undermined if granted. Members were mindful that the terminal hour for the supply of alcohol should not be the same as the closing time of the premises and that there should, in their view, be a 30 minute drinking up time/wind down period. Members were therefore minded to reduce the terminal hour for the supply of alcohol by 30 minutes.

After giving consideration to all of the evidence and 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 for the following hours:-

• The supply of alcohol - Monday to Saturday 08:30 to 20:30
(on and off the premises) Sunday 10:30 to 15:30
With a 30 minute drinking up time/wind down period to tie in with the closing time of the premise.

• Recorded music - Monday to Saturday 08:00 to 21:00
Sunday 10:00 to 16:00

• Live music - Friday and Saturday 18:00 to 21:00

• Opening hours - Monday to Saturday 08:00 to 21:00
Sunday 10:00 to 16:00

Members resolved that conditions should be applied to the licence consistent with the operating schedule and the information provided by the applicant.

Members wished to remind the person who made a representation that should there be any crime and disorder, public nuisance or other relevant issues linked to this premise 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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