Stockton-on-Tees Borough Council

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

Date:
Tuesday, 21st October, 2014
Time:
10:00am
Place:
Council Chamber, 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 (Chairman), Cllr Philip Dennis, Cllr Eileen Johnson
Officers:
C Barnes, C Snowdon(PH), A Pilgrim(L&D)
In Attendance:
Mr Emadi(Applicant), Mr Brunskill ( Applicants representative)
Item Description Decision
Public
LSC
29/14
APPOINTMENT OF CHAIR
RESOLVED that Councillor Kirton be appointed Chair for this meeting only.
LSC
30/14
EVACUATION PROCEDURE
 
LSC
31/14
DECLARATIONS OF INTEREST
 
LSC
32/14
LICENSING ACT 2003
APPLICATION FOR VARIATION OF A LICENCE
THE PURPLE PIG, WINPENNY HOUSE, 137 HIGH STREET, YARM

RESOLVED that the application for variation to the premise licence be granted with conditions as detailed above.
10:00

Preamble

ItemPreamble
LSC
30/14
The evacuation procedure was noted
LSC
31/14
There were no declarations of interest
LSC
32/14
Members were required to determine what action to take in relation to an application for variation of a premise licence under the Licensing Act 2003 to which there had been a representation from a Responsible Authority and from Interested Parties.

An application for variation had been received in relation to The Purple Pig, Winpenny House, 137 High Street, Yarm.

The Panel noted that the proposed variation was to amend condition 5, appendix 2 of the existing Premise Licence under the heading ‘Prevention of Crime and Disorder':-

from:-
‘intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals and for consumption by such persons as an ancillary to their meal. However, an exception is made for persons accompanying those partaking in a meal, so long as the numbers do not exceed 10% of the total number of persons in the premises at any given time'.

to:-
"intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals and for consumption by such persons as ancillary to their meal. However, an exception is made for a maximum of 20 people to consume alcoholic drinks without a table meal in the front/bar area of the premises at any given time".

Two representations had been received from persons living within the vicinity, though they were not in attendance at the meeting. The representations related to the prevention of public nuisance, the prevention of crime and disorder and public safety objectives.

Representations had been received from Environmental Health. The representation related to the prevention of public nuisance objective.

The Environmental Health Unit Manager explained that some discussion had taken place with the Applicant prior to the meeting and that there were two aspects with regard to the proposed condition.

The first aspect related to the fact that the premise operated as a restaurant. The premise licence was originally issued on that basis and there was a desire to ensure it did not take on the function or appearance of a bar. The Environmental Health Unit Manager explained that the 10% rule was used to guard against this by reducing the number of persons coming into the premise purely to consume alcohol at any given time.

The second aspect of the proposed condition related to the 10% rule as previously mentioned above. The Environmental Health Unit Manager explained that this was impractical to police as 10% varies depending on the total number of persons partaking in a meal at any given time. The Environmental Health Unit Manager also stated that it would provide clarity if a maximum figure was identified, and that the Police had actually indicated that this should be a maximum of 20 - though the Police had not submitted any representations in relation to this application.

The Environmental Health Unit Manager went on to explain that, although the proposed condition fell under the heading, ‘Prevention of Crime and Disorder' in the existing premise licence, the two objections received related to the prevention of public nuisance due to the fact that the premise was situated at the top end of Yarm High Street close to residential premises.

In order to address residents' concerns, the Environmental Health Unit Manager indicated that he had spoken with the Applicant and they had agreed, in principle, that the Applicant would be prepared to reduce the opening hours for the premise from 01:00 in the morning to 00:00 and the terminal hour for all licensable activities would be 23.30.

Members noted the Applicant's submissions that his premise was a restaurant and predominantly so, and he did not wish to turn it into a bar. The Applicant explained that the Police had actually indicated that it would be far easier for them to monitor if the 10% rule was changed to an actual figure. The Applicant assured the Panel that he did not want or wish to cause any nuisance to residents in the area and was willing to reduce his hours in order to ensure this.

The Committee gave careful consideration to the oral and written evidence and to the representations which had been received in relation to the application to vary.

Members noted that the premise had been predominantly licensed for the purpose of a restaurant and were aware of the limited size of the premise and did not wish for this to take the form of a bar which would then attract people leaving the high street, creating a potential for public nuisance.

Members also noted the Applicant's submissions that he currently had furniture for use by those partaking in a meal at the front/bar area of the premise. In light of the size of the premise, the Committee were anxious to ensure that the front/bar area functioned as a restaurant and not as a bar.

In the circumstances, the Committee resolved to grant the variation to the premise licence subject to the following amendments:-

With reference to Appendix 2 of the existing premise licence, under the heading ‘Prevention of Crime and Disorder':-

• Condition 5 shall be replaced with the following wording:-

"5. Intoxicating liquor shall not be sold or supplied at the premise otherwise than to persons taking table meals and for consumption by such persons as an ancillary to their meal. However, an exception is made for a maximum of 20 people to consume alcoholic drinks without a table meal in the front/bar area of the premises at any given time".

• That the opening hours of the premise were amended as follows:-

Monday to Sunday: 09.00 until 00.00.

• That the terminal hour for all licensable activities permitted under the existing Premise Licence shall be reduced to 23.30.

With reference to Appendix 2 of the existing premise licence, under the heading ‘Prevention of Crime and Disorder', an additional condition shall be added as follows:-

• "7. The front/bar area of the premise shall, at all times, maintain the function and appearance of a restaurant so that members of the public clearly understand that the premise is a restaurant.

Should there be any nuisance or other relevant issues, the Committee would advise that these issues be reported to the Council's Anti-Social Behaviour Team as soon as possible on 01642 607943. There was a 24 hour telephone line, which allowed incidents to be reported as they were happening or as soon as possible thereafter. Alternatively, matters may be reported to Licensing Section on 01642 524802; or Environmental Health on 01642 526575 for general issues or 01642 528034 which was the out of hours number.

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