LICENSING COMMITTEE 7th May 2009
Applicant: TLT Solicitors on behalf of Punch Taverns
Application Premises: The Royal Oak
Application address: Kitters Green, Abbots Langley, WD5 0ET
Type of Application: Variation of a Premises Licence
Date of Application: 18th March 2009
Date by which a hearing must be commenced: 13th May 2009
Valid application made: Yes
1. Summary of application sought:
To vary the times of various activities and amend licence conditions as follows:-
· The supply of alcohol Monday to Thursday from 10:00 – 00:00 hours.
· To permit Live/Recoded music and Karaoke Monday to Saturday from 10:00 – 00:00 hours.
· Provision of facilities for entertainment of a similar description to music or dance Monday to Saturday from 10:00 – 00:00 hours.
· An additional 30 minutes drinking up time in addition to the time for the last permitted sale of alcohol.
· To remove the following conditions:-
a) The pub complies with the smoking charter & maximum effort is placed on providing a smoke free environment with use of mechanical smoke extractors and a smoke filter.
b) Standard glasses are gradually being phased out in preference for shatter proof/toughened glass.
c) Music or Karaoke shall not at any time be audible at the boundary of Castano Court.
· To amend the following conditions:-
a) The beer garden to be closed at 22:30 hrs on all days of the week and the lights turned off, to be amended to – There shall be no consumption of alcohol and/or food in the beer garden after 22:30 hrs.
b) Live music and karaoke limited to two entertainers at any one time and to end at 23:00 hours, to be amended to – Live music and karaoke to end at 00:00 hours.
· All other hours, licensable activities, non-standard timings & conditions are to remain unchanged.
Summary of premises history:
The premises has been licensed for the playing of live/recorded music, the provision of facilities for similar entertainments and the supply of alcohol, since 6th September 2005, when it was converted during the transition period of the old Licensing Act 1964 to the Licensing Act 2003.
The premises licence holder is Punch Taverns PLC and the current DPS and tenant is a Mr Ray DiCastiglione, who took over from Mr Nicholas Rilley on 12th May 2008.
A copy of the current premises licence is at Appendix II
List of Objectors / Representations:
Responsible Authorities:
There have been no representations made by any of the Responsible Authorities.
Local Interested parties:
There have been a total of twenty two (22) representations made by local interested parties.
3. Summary of Objections / Representations (the 4 Licensing Objectives)
Responsible Authorities:
None.
Relevant representations from local objectors:
- Music and karaoke can currently be heard beyond the boundary of the premises and in fact be heard inside my residence at Castano Court. The new times will only make matters worse.
- The beer garden still has people in it after the designated closing time and the problems with music noise are intensified by people going into the garden to smoke and leaving doors open.
- Having entertainment and music up to mid-night is unacceptable, this is a residential area and residents have the right to a peaceful existence. In summer months I like to sleep with the windows open and this will make it impossible.
- The noise levels do seem to have been reduced by the new landlord, but we still experience noise from the car park and alleyway close to the premises late at night, which will only be exacerbated by the late finishing times.
- Customers from the premises often park in our car park in Castano Court, obstructing our spaces and making it difficult for us to get in and out, especially in the warmer weather.
- We have to put up with broken glass in the road and loud music in the summer evenings as windows and doors at the premises are always left wide open.
- Although the present licensee has done sterling work in reducing noise we are still woken up in the early hours by late night revellers, loud banter and often foul language and heated arguments, in addition to a substantial amount of noise from the car park especially at closing time.
- The premises customers park their cars on the single track road of Kitters Green, even in front of the “No Parking” signs. This can cause obstruction to emergency vehicles and often cars have to reverse out into the busy main road, in order to leave the premises.
Licensing Act 2003 section 13, authorised persons, interested parties, responsible authorities.
Section 13(3) of the Licensing Act 2003 states, that representations can only be made from interested parties, who live or havebusinessesin the vicinity of the premises in question.
The Act does not define vicinity, but the definition as given by the Collins English Dictionary is:-
1) a surrounding, adjacent or nearby area, neighbourhood.
2) the fact or condition of being close in space or relationship.
4. Statutory Guidance (as from 28 June 2007)
The Licensing Objectives and Aims
Paragraph 1.2
The legislation provides a clear focus on the promotion of four statutory objectives which must be addressed when licensing functions are undertaken.
The Licensing Objectives:-
· The prevention of crime and disorder;
· Public safety;
· The prevention of public nuisance; and
· The protection of children from harm.
Paragraph 1.3
Each objective is of equal importance. It is important to note that there are no other licensing objectives, so that these four objectives are paramount considerations at all times.
Paragraph 1.4
But the legislation also supports a number of other key aims and purposes. These are vitally important and should be principal aims for everyone involved in licensing work. They include :
· The necessary protection of local residents, whose lives can be blighted by disturbance and anti-social behaviour, associated with the behaviour of some people licensed premises of entertainment.
· The introduction of better and more proportionate regulation to give business greater freedom and flexibility to meet customer expectations.
· Greater choice for consumers, including tourists, about where, when and how they spend their leisure time.
· The encouragement of more family friendly premises where younger children can be free to go with the family.
· The further development within communities of our rich culture of live music, dancing and theatre, both in rural areas and in our towns and cities and
· The regeneration of areas that need the increased investment and employment opportunities that a thriving and safe night-time economy can bring.
Licensing Hours.
Paragraph 13.40:-
With regard to Licensing hours, the statement of Policy should generally emphasise the consideration, which will be given to the individual merits of an application. The Government strongly recommends that statements of policy should recognise that, in some circumstances, flexible licensing hours for the sale of alcohol can help to ensure that the concentrations of customers leaving premises simultaneously are avoided. This can help to reduce the friction at late night fast food outlets, taxi ranks and other sources of transport which lead to disorder and disturbance.
Hours of trading:-
Paragraph 10.19
In some town and city centre areas where the number, type and density of premises selling alcohol for consumption on the premises are unusual, serious problems of nuisance and disorder may arise outside or some distance from licensed premises. For example concentrations of young drinkers can result in queues at fast food outlets and for public transport, which may in turn lead to conflict, disorder and anti social behaviour. In some circumstances, flexible licensing hours may reduce this impact by allowing a more gradual dispersal of customers from premises.
Paragraph 10.20
However, there is no general presumption in favour of lengthening licensing hours and the four licensing objectives should be paramount consideration at all times. Where there are objections to an application and the committee believes that changing the licensing hours would undermine the licensing objectives, they may reject the application or grant it with appropriate conditions and/or different hours from those requested.
Paragraph 10.21
Shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours. For example, a limitation may be appropriate following Police representations in the case of some shops known to be a focus of disorder and disturbance because youths gather there.
9. Determining Applications
Paragraph 9.1 General.
When a Licensing Authority receives an application for a new premises licence or an application to vary an existing premises licence, it must determine whether the application has been made in accordance with section 17 of the Licensing Act 2003, and in accordance with regulations made by the Secretary of State under sections 17(4), 17(5), 54 and 55 of the Act. This means the Licensing Authority must consider amongst other things whether the application has been properly advertised in accordance with the regulations.
Paragraph 9.2 Where no representations are made.
A hearing is not required where an application has been lawfully made and no responsible authority or interested party has made a representation. In these cases the Licensing Authority must grant the application in the terms sought, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the Act. This should be undertaken as a simple administrative process by the Licensing Authority’s officials, who should translate the proposals contained in the operating schedule to promote the licensing objectives into clear and understandable conditions.
Paragraph 9.3 Where representations are made.
Where a representation concerning the licensing objectives is lodged by a responsible authority about a proposed operating schedule, it is relevant and the Licensing Authority’s discretion will be engaged. It will also be engaged if an interested party makes relevant representations to the Licensing Authority, i.e. those which are not frivolous or vexatious and which relate to the licensing objectives. Representations can be made in opposition to, or in support of, an application.
See also paragraph 8.12 of the Guidance re Responsible Authorities.
Paragraph 9.4:- Interested parties etc.
It is for the Licensing Authority to decide in the first instance, whether or not representations are relevant. This may involve determining whether they have been made by an interested party and whether or not, for example, an individual making a representation resides or is involved in business “ in the vicinity” of the premises concerned. However, Licensing Authorities should be aware that their initial decision on this issue could be subject to legal challenge in the courts.
Paragraph 9.5 :- Vicinity
In making their initial decision on the question of vicinity, Licensing Authority should consider whether the individual’s residence or business is likely to be directly effected by disorder or disturbance occurring or potentially occurring on the premises or immediately outside the premises. In other words, it is the impact of issues relating to the four licensing objectives that is the key consideration.
Paragraph 9.6
The Government recommends that, where Local Authorities have chosen to define vicinity as a fixed distance from the premises, they should only ever use this as a guideline and should indicate in their policy statements that they will consider representations from those who live or work outside that distance if they can demonstrate that they are (or, in the case of new premises, are likely to be), affected by disorder and disturbance occurring (or potentially occurring) on those premises.
Paragraph 9.8 :- Relevant, Vexatious and Frivolous Representations
A representation would only be “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives. For example a representation from a local businessman which argued that his business would be commercially damaged by a new licensed premises, would not be relevant. On the other hand, a representation that nuisance caused by the new premises would deter customers from entering the local area and the steps proposed by the applicant to control that nuisance were inadequate would be relevant. There is no requirement for an interested party or responsible authority to produce a recorded history of problems at a premises, to support their representations; and in fact this would not be possible for new premises.
5. Licensing Policy Guidance
LP1 - Fundamental Principles
LP1.1 In carrying out its licensing functions the Licensing Authority will promote the Licensing Act’s four licensing objectives.
LP1.2 Each of these objectives is to be considered equally. No one objective carries more importance than another.
LP1.3 In determining our policy, we have had regard to the Secretary of State’s Guidance (“the Guidance”) issued under section 182 of the Act. We have given appropriate weight to the views of those we have consulted. Referring to the Guidance is important for consistency, particularly where licensing authority boundaries meet.
LP1.4 While this Licensing Policy sets out a general approach to the making of licensing decisions, it does not ignore nor is inconsistent with the provisions in the Act. For example, nothing in our Policy undermines the right of any individual to apply under the terms of the Act for a variety of permissions and to have any such application considered on its individual merits.
LP1.5 Nothing in our Policy will override the right of any relevant person or body to make representations (objections) on an application or seek a review of a licence or certificate where provision has been made for them to do so in the Act. (This means to make a complaint that a premises is not adhering to its licence conditions or is causing problems locally which contravene one or more of the four licensing objectives.
LP1.6 Conditions attached to various licences will be focused on matters which are within the control of individual licence holders and others granted relevant authorisations. Accordingly, these matters will centre on the premises and places being used for licensable activities and the vicinity of those premises and places. Whether or not incidents can be regarded as being in the ‘vicinity’ of licensed premises or places is a question of fact and will depend on the particular circumstances of each case. In cases of dispute, the Magistrates’ Court will ultimately decide the question.