Agenda item

Applicant: Punch Taverns, represented by Matthew Phipps (TLT Solicitors), Adrian Smith (Punch Taverns), Mark Ashman (Designated Premises Supervisor)

Responsible Authorities: Avon and Somerset Police, represented by Martin Purchase (Liquor Licensing Officer)

Interested Parties: Cllr Michael Evans, Terry Andrews, Jennifer Shore, Cllr Linda Dunford, Shaun Hughes, Mr and Mrs Harvey, Terry Bush

The parties confirmed that they had received and understood the licensing procedure.

The Licensing Officer presented the report. She said that the applicant was seeking:

·  to extend the terminal hour for the supply of alcohol from 01:00 to 02:00 on Fridays and Saturdays

·  to maintain 30 minutes drinking up time following the last permitted sale of alcohol

·  to permit the premises to open at 08:00 each day

·  to remove the following condition rendered otiose by The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010:

There shall be no discounted prices on drinks, no drinks promotions and no “Happy Hours”.

The Police had made a representation seeking the imposition of the following condition:

No alcohol will be consumed in any outside area after 12 midnight.

Mr Phipps stated the case for the applicant. He asked Members to focus on the essence of the application, which was a request to extend the terminal hour for the sale and supply of alcohol by one hour on Fridays and Saturdays. The application to be able to open the premises at 08:00 had nothing to do with the consumption of alcohol. The premises had recently been modernised in the style of a café. The premises were now under a new manager, with a long-term contract, unlike the temporary managers of the recent past. He believed that better management would have a positive effect on the conduct of customers. The applicant was willing to accept the condition proposed by the Police and the Police had indicated that they now supported the application. Mr Phipps suggested that some representations from Interested Parties appeared to indicate confusion about the nature of the application, which was not a review, but an application for a variation. However, having seen the representations, the applicant would now offer additional conditions should the variation be granted:

·  no entry to the premises after 00:30

·  two SIA-registered door staff to be employed from 9pm until the last customer left the premises on Fridays and Saturdays

·  the side door not to be used by customers

·  a contact phone number for the premises to be made available to local residents

·  volume of music to be restricted to levels agreed with Environmental Health to encourage a process of winding down by customers before closing time

Mr Phipps responded to questions put by Members and Interested Parties.

Mr Purchase stated the case for the Police. He explained that the Police never “supported” applications; they played a neutral role and their stance was based on evidence and the feelings of the community. A major cause of concern for local residents had been the outside area. The current licence provided that “no drinking shall take place on the decking area outside the public house after 23.00 hours”, however the decking had been removed and the condition required updating.

The Interested Parties stated their cases and were questioned by Members and the Applicant.

Councillor Michael Evans said those residents who were not unable to attend the hearing should have a voice. Midsomer Norton was a small market town and residents did not want people under the influence of alcohol urinating in the street and causing disturbance in the early hours. There were problems with litter. An extra hour on the licence would mean additional disturbance and nuisance for residents.

Councillor Linda Dunford said that she was speaking on behalf of many residents. She was concerned that an extra hour on the licence with half an hour’s drinking up time would mean that people would be leaving the premises and 2.30 and 3.30 in the morning. When the Greyhound had been closed for refurbishment there had been no noise or disturbance in the vicinity, but when a late event had been held under a Temporary Event Notice it had been noisier than ever. Customers of the Greyhound took their drinks outside and ran onto the main road with them. Bottles and glasses were scattered around. There had been sexual activity, vomiting and urination in the vicinity of the premises. She asked the Sub-Committee to reject the application. She felt that the application had not been properly advertised, because the notice at the premises had been obscured during the refurbishment work. An extra hour would mean that customers would be leaving the Greyhound at the same time as customers would be leaving other premises, increasing noise in the street and putting additional pressure on limited local transport services. She felt that the applicant had failed to address the licensing objectives in its application and suggested that if the licence were granted, additional conditions be attached to the licence. With the Chair’s permission a copy of her proposed conditions was tabled and a copy given to the applicant.

Terry Andrew said that he agreed with everything that Councillor Dunford had said. There was a great deal of crime and disorder in the area. Drunken people had banged on his windows and urinated against his property. Once a wounded man had been lying in the road following a drunken fight and the ambulance service had refused to attend until the police were present. He had seen three young people sitting on a wall sniffing drugs. Mr Purchase explained that the ambulance service had a policy of not attending violent incidents without a police presence.

Jennifer Shore said that she supported the attachment of the conditions proposed by Councillor Durnford. There had been shouting, violence and bad language emanating from customers of the premises. They had also been instances of public sex, drugs and underage drinking. Young people had increasing problems with alcohol. On Saturdays and Sundays she frequently had to clear mess left by drinkers by her property. One evening there had been a large number of people sitting on a nearby wall making lots of noise.

Sean Hughes said that customers of the Greyhound ran into the street with drinks. A violent incident could flare up suddenly and be over by the time the Police, who sometimes had to come from as far away as Taunton, arrived. At premises he managed, the licence required him to have 3 door staff, but he always employed 6. He did not think that 2 door staff would be sufficient at the Greyhound. He was concerned that the premises did not comply with the Fire Regulations. There appeared to have been no noise tests carried out at the premises, and the sound insulation appeared inadequate. He was concerned about how the “winding down” period referred to by Mr Phipps would be managed. The Senior Legal Adviser noted that no representations had been received from the Fire Authority or Environment Health.

The Parties were invited to sum up.

Mr Phipps said that the applicant had no objection to the imposition of the majority of the conditions proposed by Councillor Durnford. He emphasised that today’s hearing was not a review of the current operation of the premises, but the consideration of an application for an additional hour on Friday’s and Saturdays for the sale and supply of alcohol only.

Councillor Evans and Councillor Durnford summed up.

Following an adjournment it was RESOLVED to grant the application as set out in the reasons below.

REASONS

Members have determined an application to vary a Premises Licence at The Greyhound, Midsomer Norton. In doing so they have reminded themselves of the Licensing Act 2003, Statutory Guidance, the Council’s Statement of Licensing Policy and the Human Rights Act 1998.

Members are aware that the proper approach under the Licensing Act 2003 is to be reluctant to regulate in the absence of evidence and must only do that which is appropriate and proportionate in the promotion of the licensing objectives on the evidence before them.

Accordingly, Members listened carefully to the applicant, took account of the representations from the Responsible Authority and were careful to balance the competing interests of all the parties.

The applicant said the premises have been considerably refurbished and a new manager installed with a track record of turning problem premises around. He suggested that better management of the premises would lead to better conduct of its customers and that the real issue was the use of the outside areas. He therefore put forward a number of conditions to address this and promote the licensing objectives suggesting the extra hour would not have a detrimental effect on the licensing objectives. The applicant was clear in confirming that the further extra hour referred to in the non-standard timings on the current licence would not be used on a Friday and Saturday, should the variation to extend the terminal hour for the sale of alcohol to 02:00 hours on these days be granted.

The Police stated that the premises are situated in an area which experiences incidents of antisocial behaviour, crime and disorder and residents are likely to be affected by noise nuisance from the premises. The Police therefore suggested a condition appropriate to address their concerns about crime and disorder with which the applicant agreed.

Interested parties also made representations which included a petition. However, that page of the petition that was not headed was disregard. Nevertheless, Members noted that the representations stated the outside areas were a source of noise, particularly when drinking continued in the courtyard, and that groups of people often congregated on pavements outside causing noise and antisocial behaviour by shouting, urinating and vomiting in doorways and stepping into the path of oncoming traffic. The residents feared that granting the application would contribute to the noise and antisocial behaviour they already experienced although they did suggest a number of conditions had been suggested in the event the application were granted.

Members noted that the Police did not refer to any particular incidents of crime and disorder from customers of the premises and noted the absence of representations from the Environmental Protection team on public nuisance and the Fire and Rescue Service on public safety. Members do find a level of antisocial behaviour in the town associated with late night alcohol licensing however, none have been specifically attributed to the Greyhound.

Having considered all the evidence presented to them Members find that with the suggested conditions as appropriate and proportionate attached to the licence this will enable the premises to operate with the variation in a way that would promote the licensing objectives therefore the variation is granted subject to the following:-

1. No consumption of alcohol at the front of the premises at any time
2. No admission or re-admission after 12 midnight
3. No drinking outside the premises or in the courtyard after 11pm
4. All windows and doors to be kept closed after 10 pm except for access and egress
5. No bottles or glasses containing alcohol to be outside after 10 pm
6. No open containers of alcohol to leave the premises
7. A facility for people to dispose of cigarette ends before entering the premises to be provided
8. CCTV to be installed and maintained covering the bar, function room and courtyard areas. CCTV recordings to be kept for at least 30 days and made available to the police or licensing authority upon reasonable request
9. Signs to be erected and maintained at exits to remind people to leave quietly, to respect neighbours and not congregate in the street.
10. A sign to be erected and maintained on the exterior of the premises with a contact telephone number for the Designated Premises Supervisor
11. The Designated Premises Supervisor to invite residents and businesses to a quarterly meeting.
12. Two SIA registered door staff to be on duty on Friday and Saturday from 9 pm until the last customer has left the premises.
13. The Designated Premises Supervisor to maintain a log of complaints
14. No pedestrian access or egress through the rear courtyard
15. The side smoking area to be screened and lit.
16. No entry from or exit through the side door save for access and egress to the smoking area
17. The pavement frontage of the premises including at least 5 meters either side of the premises to be cleared of litter and detritus at the close of business each day.

Delegated authority to the licensing officer to issue the licence