AGENDA ITEM 3
BOROUGH OF POOLE
LICENSING SUB COMMITTEE
On 9th September 2005 at 16:00 hours,
Drawing Room, Upton House, Poole
REPORT OF HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES
ON APPLICATION TO VARY THE CLUB PREMISES CERTIFICATE FOR THE PREMISES KNOWN AS MERLEY SOCIAL CLUB, HARRIER DRIVE, MERLEY, SITUATED WITHIN MERLEY& BEARWOOD WARD.
1.0 / Introduction1.1 / An application has been received for a variation of the Club Premises Licencefor the premises known as Merley Social Club, Harrier Drive, Merley, Poole. Following receipt of a representation this matter is brought before the Licensing Committee for determination.
2.0 / Background
2.1 / The Licensing Act 2003 enables the Licensing Committee to consider the granting of licences where representations are received from responsible authorities or interested parties.
Under the Licensing Act 2003 (Transitional Provisions) Order 2005 a premises holding an existing liquor licence or club registration certificate can apply for the transfer of that licence or certificate under grandfather rights to a premises licence or club premises certificate. It also allows for a variation to the premises licence or certificate at the same time.
Any representation received regarding such an application will only relate to the variation and the Licensing Committee can only consider the representation with regards to that variation.
The Licensing Act 2003 gives the Licensing Committee the power to grant the variation, refuse the variation, or prescribe terms, conditions and restrictions to the varied premises licence or club premises certificate. These conditions must relate to the four objectives of the Licensing Act 2003;
- prevention of crime and disorder
- public safety
- the prevention of public nuisance; and
- the protection of children from harm
2.2 / Following the outcome of the committee hearing, all parties to the application have the right to appeal to the magistrates court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.
3.0 /
Matter for consideration
3.1 / Committee members are reminded that Merley Social Club, is located on Harrier Drive situated within Merley & Bearwood Ward. The area is surrounded by residential properties and a school.A location map is attached as appendix A.
3.2 / Merley Social Club is located at an established community centre. The premises has been granted a Club Premises Certificate under the Licensing Act 2003 (Transitional Provisions) Order 2005.
3.3 / The proposed application for variation of the premises licence is as follows:
- The proposed opening times are:
It is stated however that the normal closing time will be 23:00 and the club will only be open to 01:30 on bank holiday weekends, Christmas, New Year and on special occasions.
It is also stated that the 07:00 opening time will only be used to allow members to view special early sporting events on TV
- To permit indoor sporting events at the following times:
- To permit live music, indoors only, at the following times:
- To permit recorded music, indoors only, at the following times:
- To permit performance of dance, indoors only, at the following times:
- To provide facilities for the provision of music and dancing, indoors only, at the following times:
- To extend supply of alcohol ( on the premises) at the following times:
- To remove all limitations and conditions imposed by the Licensing Act 1964 and the Children and Young Persons Act 1933, except for the restrictions placed upon the sale of intoxicating liquor to persons under the age of 18 years.
General:
The officers of the Club are fully aware of the 4 licensing objectives under the Licensing Act 2003, and will take any necessary actions to ensure that the objectives are complied with.
Normal bar closing time will be 23:00 hours.
Only over Bank Holiday weekends, Christmas, New Year and special occasions will the club take advantage of the later closing time of 01:30
The prevention of public nuisance:
Members are reminded both verbally and in writing to respect the needs of local residents and keep noise to a minimum when leaving the premises, particularly at night. This includes not speaking in a loud voice and not slamming car doors.
DJs and live acts are required to play music at a reasonable level, and will be asked to reduce the volume if the sound level is unacceptable.
The application is attached as Appendix B.
3.4 / Consultation has been carried out in accordance with the Licensing Act 2003. The application has been advertised in the form of a premises notice and a newspaper advertisement and the relevant responsible authorities have been consulted with.
3.5 / 1 letter of representation has been received from an interested party residing within the vicinity of the premises. The representation refers to:
- Noise from entertainment
3.6 / No further representations were received from any of the responsible authorities.
4.0 / Conclusion
4.1 / The Committee members are asked to consider the application and representation and the evidence that is given before them and to make their decision. The Committee members must bear in mind when making their decision the Borough of Poole licensing policy, the guidance as set out by the Secretary of State, and the licensing objectives as set out in the Licensing Act 2003, the most relevant of which here is the prevention of public nuisance.
May I remind the Committee members that the premises has been granted a licence under grandfather rights and that the representation to which they are addressing relates to the variation of that licence only.
5.0 / Recommendations
5.1 / The Committee is recommended to have notice of the representation made and determine whether or not the variation to the Premises Licence should be refused, granted or granted with prescribed terms or conditions.
S ROBSON
HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES