Minutes - Licensing Sub-Committee - 30 September 2005

BOROUGH OF POOLE

LICENSING SUB-COMMITTEE

30 SEPTEMBER 2005

The meeting commenced at 12.00pm and finished at 3.00pm

Present:

Councillor Ms Atkinson (Chairman)

Councillors Burden and Collier

1.ELECTION OF CHAIRMAN

RESOLVED that Councillor Ms Atkinson be elected Chairman.

2.APOLOGIES FOR ABSENCE

None.

3.DECLARATIONS OF INTEREST

None.

4.STEPPING STONES, 180 LOWER BLANDFORD ROAD, BROADSTONE - APPLICATION TO VARY THE PREMISES LICENCE

The Chairman outlined the Procedure for dealing with this Application.

It was noted that objectors, A.G. Pipe and P. Vaughan-Pipe although present, would be represented by Councillor Brooke and that Mr D Cook, objector was also present.

Mr Nick Sellick represented the Applicant, Hall and Woodhouse Limited.

The Licensing Officer read out the Report of the Head of Environmental and Consumer Protection Services.

The premises was currently licensed for:-

Sale of alcohol - 10:00 to 23:00 Monday to Saturday

12:00 to 22:30 Sunday

Music and Singing - 19:00 to 23:00 Monday to Saturday

19:00 to 22:30 Sunday

The applicant had made the following proposal in order to promote the licensing objectives associated with the representations from two interested parties which referred to anti-social behaviour and noise from persons leaving the premises:-

“The existing conditions which are attached to the Public Entertainment Licence (PEL) should remain as they were. The only variation sought was with regard to the hours during which the premises were open for the sale of alcohol, hot food and drink after 23:00. There was no reason to believe that any further conditions would be necessary.”

Mr Brooke speaking for two of the objectors said that it was difficult to bring new evidence. Any evidence related to existing experience. Residents appreciated that no change was sought to the hours from the playing of music which had always been an issue. The real issue was being open until 2.00a.m. for 7 days per week. The noise levels at closing time had exceeded what was acceptable and were a public disturbance. He gave, as examples, the noise made by clients leaving the premises, cars and taxis. The objectors recognised there was a business to be run but requested a compromise by having late nights on Friday and Saturday as proposed in the application, but leaving Sunday to Thursday as existing.

He indicated that currently it was noisy at closing time and felt that this would be the case with a 02:00 closure. He was not in a position to say whether noise inside the building was excessive. However, if drinks were taken outside to the beer garden at 02:00 it would be likely to cause noise and disturbance to residents, together with cars leaving the car park and taxis picking up clients at the rear of the car park.

Mr Nick Sellick, Area Manager for Hall and Woodhouse, representing the Applicant, first gave apologies for the absence of the licensee who was in hospital.

In response to the representations he stated that the Pub was in a built up area and the representations made were on a presumed future rise in noise levels. There was no documentary evidence to support the representations, no formal objections from statutory bodies and none from the Council. He asked whether Mr Brooke was representing residents or living in the vicinity.

He stated that the Applicant was looking for flexibility to open when it was commercially viable without having to keep applying for licences. He was keen to have a good relationship with the neighbours and content to continue to negotiate especially with regard to the garden. He had no objection to a reduction of the hours for use of the garden.

Councillor Collier asked what steps had been taken in respect of noise management and ventilation systems?

Mr Sellick indicated that the licensee was aware of the obligation to provide ventilation and extractors in addition to open windows. He also pointed out that under the new Act anyone could call for a review of the licence from 24th November 2005.

Mr Brook summed up his representations by saying that licensing provision should put people first and take account of public disorder and noise. He reiterated his request for a compromise on late night opening.

The Licensing Sub-Committee considered representations by Mr Neil Sellick, Area Manager for the Applicant, Hall and Woodhouse and Councillor Brooke, representing Mr and Mrs Vaughan-Pipe, resident and took notice of the concerns expressed in writing by a further resident at the potential for public nuisance to be caused due to extension of hours at the premises and found that there was a significant risk of public nuisance caused by the use of the outside areas late at night. Due to this concern condition (vi) was added.

RESOLVED that the variation of the Premises licence at the Stepping Stones be granted as follows:-

(i)the opening times shall be 10:00 until 02:00 hours Monday to Sunday;

(ii)At New Year the opening hours shall be from10:00 on New Year’s Eve until 02:00 on 2nd January each year, a continuous period;

(iii)To permit late night refreshment indoors only from 23:00 until 02:00 Monday to Sunday. To permit late night refreshment at New Year, from 23:00 hours on New Year’s Eve until 05:00 on 1st January each year;

(iv)To extend sale of alcohol (both on and off the premises) from 10:00 until 01:30 hours Monday to Sunday. To permit the sale of alcohol at New Year, from 10:00 hours on New Year’s Eve until 02:00 on 2nd January each year, a continuous period;

(v)To remove all embedded restrictions relating to permitted hours; and

(vi)The external area shall not be used between 23:00 hours and 10:00 the following day.

5.COMPTON ACRES LIMITED, 164 CANFORD CLIFFS ROAD, POOLE – APPLICATION FOR A PREMISES LICENCE

The Chairman outlined the Procedure for dealing with this application.

The Licensing Officer read out the Report of the Head of Environmental and Consumer Protection Services. It was noted that Compton Acres, a privately owned complex was primarily gardens with restaurant facilities and shops. The premises currently operated under a Justices Licence and had applied for the grant of a Premises Licence under the Licensing Act 2003 to allow the following licensable activities to take place at the premises:-

Plays, indoors and outdoors during the hours 07:00 - 22:30
Live Music to be performed both in and outdoors during the hours 09:00 - 02:00
Recorded Music both in and outdoors during the hours 09:00 - 02:00
Late Night Refreshment in and outdoor during the hours 23:00 - 02:00

The buildings to be licensed were known as:-

Sorridis Restaurant and adjacent Piazza area, Sorridis Delicatessen, The Ark Shop, Café Colonial, The Bay View Patisserie, The Summer House and the Italian Garden.

One letter of objection had been received from the Borough of Poole Environmental Health Service. Twenty letters of representation had been received from interested parties which highlighted concerns regarding noise from entertainment.

The Sub-Committee considered representations by:-

Mr Bernard Merna of Compton Acres Ltd and Mr Martin Godfrey, current licensee for Sorridis Restaurant for the Applicant. Mr Nick Hill, Environmental Health Officer for Environmental and Consumer Protection Services. Miss Bartlett of Tanner and Tilley, Chartered Town Planners and Development Consultants for the residents of Forsyte Shades, Lilliput Road, Poole. Ms Stephanie Kenney, Solicitor of Horsey, Lightly, Fynn on behalf of Branksome Park, Canford Cliffs and District Residents Association. Dr T Creasey, 97 Canford Cliffs Road, resident. Councillor Mrs Deas, representing Dr. Creasey.

The Sub-Committee also took notice of the concerns expressed in writing by 16 further residents at the potential for public nuisance to be caused due to extension of hours at the premises and found that there was a significant risk of public nuisance caused by the use of the outside areas late at night. Due to these concerns conditions 6 and 7 were added.

The Sub-Committee felt that the steps outlined in the application to promote the licensing objectives, particularly with regard to the four licensing objectives were not sufficiently clear and with a view to clarifying the measures necessary imposed condition 8.

RESOLVED that the application for a Premises Licence at Compton Acres, 164 Canford Cliffs Road, Poole be granted as follows:-

(i)the opening times 10:00 until 02:00 Monday to Sunday;

(ii)to allow the supply of Alcohol on and off the premises during the hours 09:00 - 02:00;

(iii)to permit regulated entertainment comprising plays, indoors and outdoors during the hours 07:00 – 22:30;

(iv)to permit regulated entertainment comprising live and recorded music to be performed both in and outdoors during the hours 09:00 – 02:00;

(v)to permit Late Night Refreshment indoors and outdoors during the hours 23:00 – 02:00;

(vi)all external areas shall not be used between 23.00 hours and 10.00 the following day;

(vii)music, both live and recorded shall not be audible within the residential properties bordering the premises after 23.00 and before 10.00 the following day; and

(viii) a Risk Assessment shall be conducted in respect of the entire area included within the application, to communicate the results of this exercise to Environmental and Consumer Protection Services and to work with the relevant department to draw up an operating Schedule which deals with all aspects of the four licensing objectives. This should be completed before 24 November 2005.