Agenda and minutes

            The Committee met to consider an application which had been made under Section 34 of the Licensing Act 2003 to vary the above premises licence. The hearing was held in accordance with the Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations 2005.

            During the application process the application was amended on two occasions to reduce the requested licensable activities.   The application to be dealt with by the Committee was:-

Category E – Live Music (Indoors)                                     12.00(noon) to 02.00

Category L – Late Night Refreshment (Outdoors)             23.00 to 00.00

            The Applicant, Grumpy’s Limited, was represented by June Clarke of JMC Licensing Consultants. The Police as a Responsible Authority made no representations to the application.

            The Council’s Environmental Health Department as a responsible authority was represented by Isobel Mason who had requested the following condition to be attached to the premises licence:-

All doors and windows should be kept closed at all times that any regulated music is being performed (to include categories E,F and I), except for access and egress to the building.

            The interested parties were represented by Mr C Powl and Mr Lloyd.

            Prior to the hearing commencing Mrs Clarke was asked to confirm that the application to be dealt with was as set out in the third paragraph above. The procedure to be followed was explained and the parties put their cases in accordance with it.

            The following points are highlighted as being relevant to explaining the conditions which were subsequently imposed:

1. Previous incidents of noise emanating from the premises were alleged to have taken place including noise from external speakers. It was initially denied (on behalf of the applicant) that there were any external speakers at the premises. But having checked the position with her client by telephone, June Clarke confirmed that there were indeed external speakers at the premises but that they were not connected up.

2. Isobel Mason clarified the requested wording of the proposed condition relating to doors and windows: it was designed to apply whenever regulated entertainment (of whatever kind) was taking place at the premises.

            June Clarke, on behalf of the applicant, agreed what is set out below as conditions 1, 2 and 4. (Condition 3 being merely consequential to condition 2).

            The Committee asked a number of questions of the parties and retired to consider the matter.

            RESOLVED: That

Having considered the application in accordance with Section 4 Licensing Act 2003 and all other relevant considerations the Committee granted the application subject to the following conditions:-

1.         All doors and windows shall be kept closed at all times that any regulated entertainment (of any category) is being performed within the premises, except for access and egress to the building.

Reason:          In the interest of prevention of public nuisance.

2.         The existing external speakers at the premises shall be removed.

Reason:          In the interest of prevention of public nuisance.  Outdoor music is not permitted under the premises licence.

3.         No new or replacement external speakers shall be permitted at  ...  view the full minutes text for item 4.