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

Friday, 2nd December, 2011
10.00 a.m.
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AJ
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Cllr Michael Clark, Cllr Paul Kirton and Cllr Miss Tina Large.
C Barnes, S Landles (DNS); J Nertney (LD).
In Attendance:
Applicant: Mr McLoughlin (Secretary) and Mr Morrison-Peacock (Steward); (Mrs Robinson, a resident of Green lane was in attendance).
Apologies for absence:
Mr Mosley, Mr Frosdick and Mr Wold (Local Residents).
Item Description Decision
RESOLVED that Councillor Woodhead be appointed Chair for this meeting only.
There were no interests declared.
RESOLVED that the application be granted for variation to:-

• Allow the supply of alcohol between:-

Monday to Saturday: 11:00 to 23:30 hours
Sunday: 12:00 to 23:00 hours

• Regulated entertainment

Live Music
Friday and Saturday: 11:00 to 00:00
Sunday: 12:00 to 00:00

Recorded Music
Thursday to Saturday: 11:00 to 00:00
Sunday: 12:00 to 00:00

Provision of facilities for dancing
Friday and Saturday: 11:00 to 00:00
Sunday: 12:00 to 00:00

• Embedded restrictions are removed apart from the drinking up time requirement which shall be amended to 30 minutes after the terminal hour and the Committee resolved that the terminal hours as detailed above apply to Christmas Eve, Boxing Day, New Years Eve and all public holidays.

The Committee attached the following conditions to the Licence:-

1. All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency. Any music played within the premises shall not cause a disturbance at the nearest residential premises. Any music played shall be indoors only.

2. The licence holder or his representative shall conduct periodic assessments of the noise coming from the premises when used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A record of each check and incident shall be made of those assessments and shall include, the time and date of the checks, the person making them and the results including any remedial action. All records shall be retained for one year.

3. Use appropriate management controls to reduce the likelihood of customers causing noise disturbance to local residents when vacating the premises. This should include placing at all exits from the premises, in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly. (Note, this may also include a reference to vehicles)

4. The use of the external spaces by customers consuming alcohol shall be limited from 11:00 to 23:00. There shall be no music played outside and no use of flood lighting likely to cause a nuisance to local residential properties.
10.00 am - 12.00 noon


The Licensing Officer presented the report to the Committee. Consideration was given to the application as outlined in the report by the Licensing Officer. Members noted that Environmental Health had initially made a representation but this had been withdrawn following agreement on conditions which addressed their concerns.

Representations had been received from seventeen persons living within the vicinity of the premises. Mrs Robinson, a resident of Green lane, was in attendance to state her objection. Apologies had been received from Mr Mosley, Mr Frosdick and Mr Wold.

Mr McLoughlin stated that the Club had been in operation since 1954 and believed it needed a modest extension of their licensing hours in order to survive. They had no intention of supplying alcohol after 23:30 hours and the entertainment was required mainly for private parties and would not be utilised on a regular basis.

Mr McLoughlin stated that the Club had not received any written complaints from local residents in the last three years. If residents complained to the Club then their issues would be investigated and treated seriously. If residents did not complain then this indicated that there was not an issue or without a complaint the Club were unable to investigate and deal with it. Any complaints received would be minuted and there was therefore no evidence whatsoever that the Club was causing nuisance to residents in the locality.

The Club had agreed to the conditions as suggested by Environmental Health which would address any issues with possible nuisance from the entertainment at the Club. Mrs McLoughlin stated that the Club did not allow smokers to take their drinks outside and if they were aware that patrons were doing that then they would take action.

Mr Morrison-Peacock stated that he was the steward and lived on the premise. Mr Morrison-Peacock stated that some of the complainants mention issues with smokers but these had never been brought to the attention of the Club. Mr Morrison-Peacock stated that the Club were conscious when the smoking ban was introduced in 2007 and arranged a meeting with local residents but no one attended despite the Club sending letters. Mr Morrison-Peacock stated that the Club was respectful of local residents.

Mr McLoughlin and Mr Morrison-Peacock were asked questions by the Members of the Committee.

Mrs Landles informed Members that Environmental Health had no record of complaints about the premises. The applicant had agreed to conditions to be placed on the licence which addressed the concerns of Environmental Health.

Seventeen representations had been received from persons living within the vicinity of the premises. Mrs Robinson, a resident of Green lane, was in attendance at the Committee meeting and made her representation.

Mrs Robinson stated that her home was opposite the Club and since the smoking ban was introduced there had been a noticeable increase in noise from patrons of the Club. Mrs Robinson stated that people do not complain because the Club had always been there. Mrs Robinson stated that under the current licence music was supposed to cease at 22:50 on a Sunday but it could still be heard till 23:15 on some occasions.

Mrs Robinson was asked questions and confirmed that she had not made any previous complaints to the Club or to Council departments such as Environmental Health.

The Members had regard to the seventeen written representations that had been received.

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

In considering their decision Members were mindful that they needed evidence on which to base their decision. When considering their decision the Committee had regard to the Statutory guidance issued under Section 182 of the Licensing Act 2003 and the Councils Licensing Policy.

Members noted that only one of the seventeen persons living within the vicinity of the premises who had made a representation was in attendance at the Committee. Neither the Applicant nor the Members of the Committee were able therefore to question or clarify any of the issues raised by those persons who had made representations. It was noted that three persons had submitted their apologies and some of the objectors were elderly and may not have been able to attend the meeting. Members noted that there was no representation from Cleveland Police and therefore no evidence of crime and disorder or statistics related to the premise. It was noted that some of the representations had made reference to anti social behaviour in the locality but there was no evidence to show that such behaviour was caused by patrons of the Club.

Members also noted that Environmental Health had no record of complaints regarding public nuisance connected to the premise. The Club Secretary also confirmed that he had not received any complaints direct to the Club about the behaviour of their patrons or of noise nuisance.

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