Stockton-on-Tees Borough Council

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

Date:
Monday, 10th December, 2012
Time:
10.00 a.m.
Place:
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

Present:
Cllr Evaline Cunningham, Cllr Miss Tina Large, Cllr Ray McCall
Officers:
J Nertney (LD); P Edwards (DNS)
In Attendance:
Mr Gray, Temporary Chairman and Mr Moore, Secretary of Elm Tree Social Club were in attendance. Mr Ross, Solicitor represented Elm Tree Social Club. Cllr Cherrett, Ward Councillor was also in attendance and represented eleven individuals who lived within the vicinity of the premises.
Apologies for absence:
None
Item Description Decision
Public
LSC
16/12
APPOINTMENT OF CHAIR
 
LSC
17/12
DECLARATIONS OF INTEREST
 
LSC
18/12
ELM TREE SOCIAL CLUB, 130 BISHOPTON ROAD WEST, STOCKTON ON TEES - APPLICATION FOR VARIATION OF A LICENCE UNDER THE LICENSING ACT 2003
RESOLVED that the application be approved for the following hours:

• The supply of alcohol in the pavilion - Monday to Sunday 11:00 to 21:00
• Regulated Entertainment in the pavilion including Indoor Sporting Events, Live Music and Recorded Music - Monday to Sunday 11:00 to 21:00 (with the pavilion being closed to the public 30 minutes after the terminal hour).
• The pavilion will be open to members and guests - Monday to Sunday 11:00 to 21:30
• The plan details the external drinking area as a hatched area. Any tables and chairs shall be placed on the side closest to the main club premise. The use of this area shall cease on or before 19:00 (no recorded music shall be played in the external drinking area but live music is permitted in order to accommodate the annual family fun day and other similar events held by the premise).

The Committee resolved that the existing licence conditions will also apply to the pavilion.
10.00 - 12.00

Preamble

ItemPreamble
LSC
16/12
RESOLVED that Councillor McCall be appointed Chair for this meeting.
LSC
17/12
There were no declarations of interest.
LSC
18/12
The Chair introduced all persons present and explained the procedure that would be followed. The Licensing Officer presented the report and the Members gave consideration to the report, the application and the representations which had been received.

The Chairman of Elm Tree Social Club stated that the applicant was a non profit making club which had been in operation for approximately 40 years. The Club was quite large and adjacent to it there was a car park, bowling green and pavilion. The pavilion had been closed and boarded up for many years. The Club believed that it was responsible and acted in the best interests of the wider community. The Chairman of Elm Tree Social Club stated that the Club believed it was a good neighbour and would urge any residents who had concerns or complaints to contact them so that they could do their best to address them.

The Chairman of Elm Tree Social Club stated that some of the representations received related to historical issues which had been resolved some time ago.

The Chairman of Elm Tree Social Club stated that the main basis of the application was for use of the pavilion building for small gatherings in the region of approximately 50 persons. The hours of operation sought for the pavilion had a terminal hour of 21:30 hours with the last supply of alcohol being at 21:00 hours. The Chairman of Elm Tree Social Club stated that some members of the Club required a quieter area to socialise and that was the intention of the pavilion. The pavilion could also be used for smaller functions where the rooms in the main club building were too large.

The Club also held a family fun day once a year and the area marked on the plan had been included in the premise licence to enable the family fun day to operate without breaching licensing law or conditions on the licence.

The Chairman of Elm Tree Social Club stated that the existing licence had a number of conditions regarding noise control and these could also be applied to the pavilion. The Chairman of Elm Tree Social Club stated that the Club was willing to submit to a greater degree of control on the pavilion than currently existed.

The Ward Councillor spoke on behalf of the residents who were in attendance at the meeting and stated that the residents already experienced some noise nuisance from the use of the premises. The Ward Councillor stated that during the planning application process for the pavilion the residents had been given assurances by the management that there would be no live or recorded music played within the pavilion but this application was contrary to that assurance.

Members gave a preliminary indication that they were of the view that the proposed conditions addressed any potential for public nuisance from the use of the pavilion but they had some concerns over the external area as drawn on the plan. Members invited the applicant and the objectors to have a brief discussion to clarify the use and size of the external area. The parties withdrew from the Council Chamber to discuss this issue. When the parties returned they indicated that they had reached an amicable agreement as to the size and location of the external area and the hours of operation for the same.

Each of the parties were given an opportunity to sum up with the applicant making the final submission.

Members noted that the application before them was for a variation to the Club premises certificate to authorise the supply of alcohol and regulated entertainment in the pavilion area and to extend the licensed area to include an external area.

Members noted that none of the responsible authorities had made a representation about the application. It was noted that the operating schedule included detail of how the premise would address the licensing objectives and that the same conditions as applied to the existing Club Premises Certificate would apply to this application. In addition it was noted that the Committee had also restricted the hours for operation of the external area to 19:00 hours. The supply of alcohol in the pavilion would cease at a terminal hour of 21:00 hours and the pavilion would be open to members and guests until 21:30 hours (i.e. a 30 minute drinking up time/wind down period).

Members had no evidence before them that demonstrated the licensing objectives would be undermined if the licence was issued. Some of the representations had expressed their fears but there was no evidence. It was noted that the representations submitted by objectors did include some irrelevant considerations which the Committee was required to disregard. 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.

After giving consideration to all of the evidence and representations made both in writing and orally the Committee 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 in the pavilion - Monday to Sunday 11:00 to 21:00
• Regulated Entertainment in the pavilion including Indoor Sporting Events, Live Music and Recorded Music - Monday to Sunday 11:00 to 21:00 (with the pavilion being closed to the public 30 minutes after the terminal hour).
• The pavilion will be open to members and guests - Monday to Sunday 11:00 to 21:30
• The plan details the external drinking area as a hatched area. Any tables and chairs shall be placed on the side closest to the main club premise. The use of this area shall cease on or before 19:00 (no recorded music shall be played in the external drinking area but live music is permitted in order to accommodate the annual family fun day and other similar events held by the premise).

The Committee agreed that the existing licence conditions would also apply to the pavilion.

The Committee wished to remind persons who had made a representation that should there be any crime and disorder, noise related 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. The Licensing Act 2003 provided legal routes for persons to ask for a review of the premises licence should the premise cause problems linked to the four licensing objectives. Applications for a review would have to be supported by evidence and it was therefore in the best interests of residents to report any matters of concern linked to this premise to the appropriate authorities. The Councils Licensing section could provide advice on the procedure that should be followed should you believe a premise is undermining the licensing objectives.

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