Stockton-on-Tees Borough Council

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

Date:
Tuesday, 9th December, 2014
Time:
10.00 a.m
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(Chair), Cllr Michael Clark, Cllr Bill Woodhead.
Officers:
C Barnes(PH), J Nertney(LD).
In Attendance:
Mark Garry(Applicant), Gareth Jones(Designated Premises Supervisor), Richard Townsend, Peter Moore(T3 Security), Sergeant Higgins and PC Johnson(Cleveland Police)
Apologies for absence:
None
Item Description Decision
Public
LSC
40/14
APPOINTMENT OF CHAIR
RESOLVED that Councillor Kirton be appointed Chair for this meeting only.
LSC
41/14
EVACUATION PROCEDURE
 
LSC
42/14
DECLARATIONS OF INTEREST
 
LSC
43/14
LICENSING ACT 2003
APPLICATION FOR VARIATION OF A LICENCE
JOKERS, 11 YARM LANE, STOCKTON ON TEES

RESOLVED that the variation to the premise licence be granted as detailed above and within the main report.
10.00 - 12.00

Preamble

ItemPreamble
LSC
41/14
The Evacuation Procedure was noted.
LSC
42/14
There were no declarations of interest.
LSC
43/14
Members gave consideration to a report 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.

An application for variation had been received in relation to Jokers, 11 Yarm Lane, Stockton on Tees.

The Applicant Mr Garry and his witnesses, Mr Gareth Jones (Designated Premises Supervisor), Richard Townsend and Peter Moore (T3 Security) were in attendance at the meeting and were given the opportunity to make representation.

Representation had been received from Cleveland Police who were in attendance at the meeting and were given the opportunity to make representation.

There were no representations from interested parties.

The Committee gave consideration to the report, the application and the representation which had been received from Cleveland Police. It was noted that Cleveland Police had submitted a witness statement from PC Johnson in support of their representation who was in attendance at the meeting.

The Applicant Mr Garry stated that his application was to supply alcohol 30 minutes earlier seven days per week i.e. to open at 10:00 hours and to have an additional 30 minutes for supply of alcohol till the terminal hour on a Friday and Saturday evening i.e. till 03:00 hours with the premises closing to the public at 03:30 hours. Mr Garry stated that other premises in the Town centre such as 'Goldies', 'The Garrick' and 'The Wobbly Goblin', had a licence till 04:00 hours and the number of recordable incidents at those premises was in excess of those recorded at Jokers.

Mr Garry stated that the Police were trying to paint a picture that he was an irresponsible premise licence holder which Mr Garry strongly disputed. Members heard that many of the incidents that had been reported from the premise had been reported by members of staff and/or the door supervisors and that Mr Garrys staff were proactive in seeking to resolve problems and that some of the incidents recorded against Jokers had actually taken place in the street and could not be attributed to his management of the premise.

Sergeant Higgins was given the opportunity to ask questions of Mr Garry and his witnesses.

Sergeant Higgins stated that Cleveland Police had no objection to the 10:00 hours opening hour for the supply of alcohol but did believe that the licensing objectives would be undermined if the application was granted for a later terminal hour on a Friday and Saturday. Sergeant Higgins called evidence from PC Johnson who was taken through his statement. PC Johnson stated that the premises which Mr Garry referred to as having later premises licence had each either been subject to an action plan by the Police or in the case of The Garrick had been reviewed. PC Johnson confirmed that Jokers was not subject to an action plan but that the Police did have concerns over the number of incidents connected with the premise.

The Committee were mindful that this was not a review of the premises licence but an application to vary and that the main issue of dispute was over the 30 minute extension to the terminal hour for the supply of alcohol on a Friday and Saturday evening. The Committee noted that there were a number of incidents recorded by the Police as being connected with the premise. Members analysed the incidents referred to and found that some of the incidents had taken place outside the premise and within the vicinity and could not be blamed on the management of the premise. The Committee were of the view that from the evidence presented to them the premises management did operate in a responsible manner in reporting incidents to the Police. The Committee did have some sympathy for the Polices concerns and noted that Police resources were stretched. However the Committee were not persuaded that the licensing objectives wold be undermined if the application was granted.

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 variation of the premises licence as detailed in the application was approved:-

Hours premises are open to the Public:
Sunday to Thursday: 10:00 to 02:30 hours
Friday and Saturday: 10:00 to 03:30 hours

Supply of alcohol for consumption on and off the premises:
Sunday to Thursday: 10:00 to 02:30 hours
Friday and Saturday: 10:00 to 03:00 hours

Late Night Refreshment:
Friday and Saturday: 23:00 to 03:00 hours

Members reminded the Applicant that it was apparent from the Polices representation that they would continue to monitor the premise and that the Applicant should be mindful that should he not live up to the assurances he had given to the Police and to the Committee that he may find the Police placing his premise on an action plan or ultimately seek a review of the premises licence.

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