Stockton-on-Tees Borough Council

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Licensing Sub Committee Minutes

Date:
Thursday, 15th December, 2016
Time:
10:00 am
Place:
Council Chamber. Town Hall Stockton, Stockton 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 Bill Woodhead, Cllr Eileen Johnson
Officers:
P Edwards(DCE), A Pilgrim(DHR&LC), C Snowdon, J Stocks(DEG&D)
In Attendance:
Mrs Louise O'Hare(Applicant), Mr J Taylor, Parker Barras(Applicants representative) Cllr MIke Smith, Mr & Mrs Dresser, Mrs Ralston, Mrs Burdon(Interested Parties)
Item Description Decision
Public
LSC
7/16
APPOINTMENT OF CHAIR
RESOLVED that Councillor Kirton be appointed as Chairman for this meeting only.
LSC
8/16
EVACUATION PROCEDURE
 
LSC
9/16
DECLARATIONS OF INTEREST
 
LSC
10/16
LICENSING ACT 2003
APPLICATION FOR GRANT OF A PREMISE LICENCE
PORKY PINT, 40 MILL LANE, BILLINGHAM

RESOLVED that the application for Grant of a Premise Licence, Porky Pint, 40 Mill Lane, Billingham , Stockton on Tees be granted as detailed above.
10:00am

Preamble

ItemPreamble
LSC
8/16
The Evacuation Procedure was noted.
LSC
9/16
There were no declarations of interest.
LSC
10/16
Members were required to determine an application for grant of a licence for the premise Porky Pint, 40 Mill Lane, Billingham.

Members were advised that the applicant had applied for a licence for the following:

Supply of Alcohol On the premises
Monday to Saturday 10:00 until 23:30
Sunday 10:00 until 23:00

Recorded Music
Monday to Saturday 10:00 until 23:30
Sunday 10:00 until 23:00

Opening Hours
Monday to Saturday 10:00 until 00:00
Sunday 10:00 until 23:30

The Chair introduced all persons who were present and explained the procedure to be followed during the hearing.

The Applicant was in attendance at the meeting alongside her legal representative Mr. John Taylor of Parker Barras. A copy of all documentation had been provided prior to the meeting.

Four representations had been received from Interested Parties wishing to object to the application, one of these had a number of supporting signatories attached to it. The representations related to the prevention of public nuisance, prevention of crime and disorder and public safety objectives. Cllr Mike Smith, Mr and Mrs Dresser, Mrs Ralston and Mrs Burdon were in attendance at the meeting and had been given a copy of all documentation prior to the meeting.

Following discussions with Environmental Health the applicant had agreed to conditions being attached to the licence. Copy of the agreed condition was attached at Appendix 2 of the main report.

Mr Taylor, the Applicants representative explained to The Committee that, at the time the Applicant acquired the premise, it was in a state of disrepair. The Applicant had invested in excess of 100,000 to bring the premise up to a high standard. The Applicant also owned a successful launderette adjacent to the premise and felt that she had done a lot to contribute to the regeneration of the area.

The Applicant's business would be an eatery primarily serving hot roast pork and beef buns. The Premise was to accommodate a maximum of 25 people, and subject to grant of the Premise Licence, the public would be able to sit in the premise and enjoy both none alcoholic or alcoholic beverages. The Applicant believed that residents had a misconception as to the clientele the Premise was intended to attract and that appropriate measures had been taken to address this including the installation of a superior CCTV system and the adoption of the Challenge 25 policy.

The Environmental Health Unit Manager, on behalf of Environmental Health, submitted that Environmental Health had agreed conditions with the Applicant aimed at the prevention of public nuisance. As a result of this, Environmental Health had no objection to the application based on the agreed conditions. A copy of the agreed conditions were contained within the main report.

Mr and Mrs Dresser were given the opportunity to make representation. Their comments could be summarised as follows:

Concerns were raised as to the potential noise nuisance which may emanate from the premise particularly in light of the fact that Mr Dresser lived in the ground floor flat. Mr Dresser explained that he had to go to bed early to be up by 5am each morning.

There were also issues raised in relation to the proposal of a designated smoking area where the public would drink and smoke.

Mrs Burdon was given the opportunity to make representation. Her comments could be summarised as follows:

There were concerns in relation to the location of the premise which was surrounded by bungalows occupied by elderly residents. Mrs Burdon believed that there was no need for an additional premise selling alcohol as this would have a detrimental effect on public health and crime prevention.

Mrs Ralston was given the opportunity to make representation. Her comments could be summarised as follows:

Mrs Ralston explained that she had children with complex needs and it was unfair to subject her children, and the wider community, to the potential of increased noise levels and anti-social behaviour.

Cllr Mike Smith was given the opportunity to make representation. His comments could be summarised as follows:

Cllr Smith explained that the majority of residents within the vicinity were elderly; some were living within thirty-five paces of the premise. Cllr Smith believed that the businesses already operating adjacent to the premise closed at a reasonable hour of. 5.00pm. There was a fear that allowing the business to sell alcohol and operate beyond ‘a reasonable hour' would create and encourage anti-social behaviour, increased noise levels and other issues undermining the licensing objectives.

Members had regard to the written evidence which had been circulated prior to the hearing and in addition to the oral evidence and submissions given at the hearing. The Committee also had regard to the statutory guidance issued under Section 182 of the Licensing Act 2003 and the Council's Licensing Policy.

The Committee gave weight to the fact that the residents' concerns were mainly based on fears of what might happen if the Premise Licence was granted. There was no evidence that such fears would materialise, or that they could be causally linked to the Applicant's premise.

The Committee also gave weight to the fact that there had been no representations from the Police. Environmental Health had liaised with the Applicant and the Applicant had agreed to the additional conditions documented within the Committee papers.

The Committee also gave weight to the fact that it was in the Applicant's interest to build and maintain good relations with residents and responsible bodies, and to adhere to the conditions of the proposed Premise Licence.

After carefully considering the written and oral evidence in relation to the application, the Committee resolved to grant the Premise Licence as requested subject to:

• an amendment to the terminal hours which shall be consistent with the separate restriction imposed and acknowledged by the Applicant during the hearing under a Planning Approval Notice. Members agreed that this restriction, although separate, was consistent with the regulation of the licensable activities as follows:-

•Supply of alcohol on premises
Monday to Sunday 10:00 until 23:00

•Recorded Music
Monday to Sunday 10:00 until 23:00

•Opening Hours
Monday to Sunday 10:00 until 23:00

•subject to the conditions agreed with Environmental Health as detailed within the main report pages, and;

•subject to a further condition that, 'Customers will not be permitted to take and/or consume alcoholic or other beverages outside the premise (including any existing or potential designated smoking areas and such like)'.

Should there be any nuisance or other relevant issues in the future, the Committee would encourage residents to raise these with The Porky Pint initially.

Further and/or alternatively, residents may report issues to the Council's Anti-Social Behaviour Team on 01642 607943. This 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 the Licensing Section on 01642 524802; or Environmental Health on 01642 526575 for general issues or 01642 528034 which was the out of hours number.

Any issues concerning crime and disorder at the premises should be reported to the Police. The Licensing Act 2003 also provided legal routes for local residents 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.

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