Stockton-on-Tees Borough Council

Big plans, bright future

Licensing Sub Committee Minutes

Date:
Tuesday, 10th January, 2017
Time:
10:00 am
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 Eileen Johnson, Cllr Bill Woodhead(MBE),
Officers:
Craig Barnes(DCE), Jonathan Nertney(D of HRL&C), Aishah Waithe(Public Health)
In Attendance:
Mr Paleshci (Applicant) and Mrs Paleshci (Applicants Supporter), Sergeant Higgins and PC Johnson(Cleveland Police).
Apologies for absence:
None
Item Description Decision
Public
LSC
11/16
APPOINTMENT OF CHAIRMAN
RESOLVED that Councillor Kirton be appointed as Chairman for this meeting only.
LSC
12/16
EVACUATION PROCEDURE
 
LSC
13/16
DECLARATIONS OF INTEREST
 
LSC
14/16
LICENSING ACT 2003
APPLICATION FOR VARIATION OF A LICENCE
THE WOBBLY GOBLIN, PARK TERRACE, STOCKTON ON TEES

RESOLVED that the application for Variation of a Licence, The Wobbly Goblin, Park Terrace, Stockton on Tees be refused for the reasons as detailed above.
LSC
15/16
EXCLUSION OF THE PUBLIC
 
Confidential
LSC
16/16
LICENSING ACT 2003
APPLICATION FOR VARIATION OF A LICENCE
THE WOBBLY GOBLIN
EXEMPT INFORMATION

  • Wobbly Goblin Exempt Information
RESOLVED that the information be noted.
10:00am

Preamble

ItemPreamble
LSC
12/16
The Evacuation Procedure was noted.
LSC
13/16
There were no declarations of interest.
LSC
14/16
Members were required to determine an application for variation of a licence for the premise The Wobbly Goblin, Park Terrace, Stockton on Tees.

The application was to extend the current licensing hours by one hour on Friday and Saturday nights until 05:00 plus 30 minutes drinking up time.

To extend the current licensing hours by one hour on Friday and Saturday nights until 05:00 plus 30 minutes drinking up time on evenings preceding and running into the Bank Holidays (Christmas Day and Boxing Day included)

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 his wife. A copy of all documentation had been provided prior to the meeting.

Representation had been received from Cleveland Police and Public Health. The representations related to the prevention of crime and disorder, protection of children from harm and public safety objectives. Representatives from Cleveland Police and Public Health were in attendance at the meeting and given the opportunity to make representation.

One representation had been received from an Interested Party, however they were not in attendance at the meeting.

The Committee gave consideration to the report, the application and the representations which had been received from responsible authorities. The Committee noted that additional information had been provided by Cleveland Police prior to the hearing and which had been copied to the applicant.

The Applicant presented a prepared statement to the Committee which could be summarised as follows:

• The Applicants premise targeted clientele in the later night time economy;

• The turnaround in Stocktons night time economy with new businesses on Prince Regent Street and Green Dragon Yard meant the applicant now attracted a more cosmopolitan clientele;

•As the premise operated a cover charge a later hour would add value for money for those travelling into Stockton and wishing to visit the premise;

•The premise acted responsibly in fulfilling their licensing responsibilities and most calls to the Police had involved customers who had been turned away from the premise;

•Because of the later hour when customers visited the premise the applicant was often operating uneconomically at the earlier hours of opening; and

• The Applicant responded to the representation from Public Health.

Sergeant Higgins presented the case on behalf of Cleveland Police and called evidence from PC Johnson. The Committee and Applicant had been provided with a copy of Cleveland Polices evidence prior to the hearing.

The Projects and Partnerships Officer from Public Health informed the Committee that she had experience of mapping alcohol harm. She presented data around the town centre ward where the premise was located. The Projects and Partnerships Officer also stated that the primary concern of Public Health was the cumulative impact of supply of alcohol over an additional hour.

The Committee had regard to the Councils Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2003.

The Committee were mindful that any evidence to persuade the Committee to refuse or vary the application had to be linked to the licensing objectives.

The Committee informed the applicant that they had noted that he and his wife had many years' experience in the licensed trade and had made efforts to improve the operation of the premise and ensure that it fulfilled its obligations under the licensing regime. The Committee noted that the Police did not criticise the applicants' management of the premise and the Committee also had no such concerns. However the Committee were persuaded by the evidence given by Cleveland Police that a later terminal hour for the supply of alcohol would inevitably lead to a potential increase in incidents of anti-social behaviour or violence. The Committee noted that there were already a number of incidents of violence connected with the premise which were linked to drunkenness and the supply of alcohol.

After giving consideration to all of the evidence and representations made both in writing and orally the Committee were of the view that the applicant had not provided sufficient information to satisfy the Committee that the licensing objectives would not be undermined. On the contrary the applicant had not made any concession towards restricting his opening hours nor for placing any restriction on the terminal hour for admission to the premise. The Committee gave weight to the evidence of Sergeant Higgins that almost all late night licensed premise in Middlesbrough who had licences with a terminal hour similar to that sought by the applicant had a restriction on the time for last entry into the premise.

The Committee agreed with the concerns and views expressed by the responsible authorities in relation to the application and were therefore of the view that if granted the licensing objectives would be undermined. The application for variation to the premises licence was refused.
LSC
15/16
RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.
LSC
16/16
This item was the confidential information in relation to the item 'Licensing Act 2003 Application for Variation of an Licence, The Wobbly Goblin, Park Terrace, Stockton on Tees'. Please refer to the above for the Committee's decision.

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