Stockton-on-Tees Borough Council

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

Date:
Tuesday, 31st January, 2017
Time:
10:00 am
Place:
Ground Floor Committee Room, Town Hall, 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 Chris Clough, Cllr Bill Woodhead (MBE),
Officers:
Polly Edwards (DCE), Jonathan Nertney (D of HRL&C), Cirous Asadi (ADPH)
In Attendance:
Applicant, Mr Ransom, General Manager and Mr Bell, Marketing
Apologies for absence:
N/A
Item Description Decision
Public
LSC
17/16
APPOINTMENT OF CHAIR
 
LSC
18/16
EVACUATION PROCEDURE
 
LSC
19/16
DECLARATIONS OF INTEREST
 
LSC
20/16
LICENSING ACT 2003
APPLICATION FOR VARIATION OF A PREMISE LICENCE
THE KEYS, 65 HIGH STREET, YARM

RESOLVED that the application for Variation of a Licence, The Keys, 65 High Street Yarm be granted as detailed above.
10:00

Preamble

ItemPreamble
LSC
17/16
RESOLVED that Councillor Kirton be appointed as Chairman for this meeting only.
LSC
18/16
The Evacuation Procedure was noted.
LSC
19/16
There were no declarations of interest.
LSC
20/16
Members were required to determine an application for variation of a licence for the premise The Keys, 65 High Street, Yarm.

The application for variation had been received from Mistell Limited in relation to the Keys, 65 High Street, Yarm. The proposed variation was for the following:

•To increase the number of occasions that the premise could increase finishing times and opening hours by one hour from four times annually to eight times annually. Recorded music, performance of dance as well as the sale of alcohol should therefore be increased to 03:00 on the eight occasions and the opening hours increased to 03:30.

Boxing day was to be included as one of the dates. All other dates would be a Friday or Saturday. Fourteen days' notice would be given.

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

The Applicant Mistell Limited (Premises Licence Holder) Mr Ransom, General Manager and Mr Bell, Marketing were in attendance at the meeting.

Following discussions with Environmental Health who were in attendance at the meeting, the applicant had agreed to a condition being attached to the licence. A copy of the agreed condition was contained within the report.

Representations had been received from two interest parties. These representations related to the prevention of public nuisance objectives. The interested parties were not in attendance at the meeting.

The Committee gave consideration to the report, the application and the representations which had been received from Environmental Health and two local residents. It was noted that representations had not been received from any other Responsible Authorities and in particular Cleveland Police.

The Applicant informed the Committee that the premise was looking to compete with venues in other areas. In order to bring established DJ's to the premise the flexibility of providing an additional hour for entertainment was needed. The management of the premise had spent many thousands of pounds installing soundproofing to minimise the escape noise from the premise. The Applicant advised the Committee that to the best of his knowledge he had not received any complaints from the two persons who submitted representation. The Applicant confirmed that 14 days' notice would be given of any event which utilised the additional hour but that they would always be on a Friday or Saturday unless Boxing Day fell on another day.

The Environmental Protection Officer confirmed that the premise had worked with Environmental health in order to address potential noise nuisance from the premise. The Environmental Protection Officer confirmed that he was of the view that an amended condition should be attached to the licence if the application was granted. That condition would address the issue of public nuisance from noise at the premise. The Environmental Protection Officer also confirmed that the management of the premise had agreed with the condition being attached to the licence.

The condition to be attached to the licence which would replace condition number 3 (Prevention of Public Nuisance).

•During the hours of 09:30 to 02:00 all sound systems shall pass through the noise limiting device which at all times shall operate at the decibel level set by the Environmental Health and shall be maintained in good working order. Between the hours of 02:00 and 03:00 the noise limiter shall be set and operated at a maximum level 5dB (A) less than that set by Environmental Health for the period before 02:00

The applicant and members were given an opportunity to respond and ask questions.

The Committee had regard to the written representations which were contained within the report. The Committee noted that one of those persons had e-mailed some copy photographs purporting to show urine and vomit within the vicinity of the premise and close to the residents' homes. It was noted that the photos were not dated nor was it possible to identify a specific location from them. The Committee were of the view that there was no evidence to demonstrate that the vomit and urine in the photos was from customers of The Keys.

The Committee noted that the representations were general in nature and did not have any detailed evidence that customers of The Keys were responsible for nuisance or anti-social behaviour.

All parties were given an opportunity to sum up with the applicant having the final submission.

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 noted that this was not a review of the licence but an application to permit an additional 4 occasions per year when the premise would open for an additional hour for supply of alcohol and provision of regulated entertainment. No evidence had been presented to the Committee to demonstrate that the four occasions per annum when The Keys currently operated at a later hour had caused issues which undermined the licensing objectives.

The Committee had regard to the evidence given by The Environmental Protection Officer who confirmed that he had no evidence that the current four occasions when the premises were open for an additional hour had led to an increase in complaints of noise or unruly behaviour by customers. The Environmental Protection Officer had given evidence that Environmental Health were of the opinion that if granted, a condition could be attached to the licence which would address the potential for noise nuisance from music at the premise. The Committee also had regard to the evidence given on behalf of the Applicant that many thousands of pounds had been spent at the premise to address and minimise any nuisance caused by escape of noise from customers or regulated entertainment within the premise.

The Committee noted that there was no representation from Cleveland Police and therefore no statistical or other evidence concerning crime and disorder at the premise.

After giving consideration to all of the evidence and representations made both in writing and orally the Committee were of the view that based on the evidence before them the licensing objectives would not be undermined and the application as detailed within the report was granted subject to the following conditions being attached to the licence:-

•During the hours of 09:30 to 02:00 all sound systems shall pass through the noise limiting device which at all times shall operate at the decibel level set by the Environmental Health and shall be maintained in good working order. Between the hours of 02:00 and 03:00 the noise limiter shall be set and operated at a maximum level 5dB (A) less than that set by Environmental Health for the period before 02:00

•14 clear days notification of each event shall be given by the Premises Licence Holder and/or a representative of the Premises Licence Holder to the Councils Licensing Section, Environmental Health Section and to Cleveland Police Licensing Section. Evidence of the notification of each event must be retained by the premises licence holder and a log kept of the number of events held per annum.

An amended licence would be issued by the Councils Licensing Section.

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