Agenda and minutes

Apologies for absence were received from Councillor Broughton and Councillor Rowland.

Members are asked to declare an interest in matters for consideration at the meeting.

None declared.

                                                                                                            (Enclosure)

The minutes of the meetings held on 2nd and 23rd March 2012 were agreed as a correct record of the decisions taken.

Report CSL006 by the Community Safety and Licensing Service Manager.

(Enclosure)

Decision

That the application to vary the premises licence for the Pear Tree, Broad Street, Stamford be approved as agreed by the police and the applicant  as set out in the report, with the addition of a condition that all windows and doors will be kept closed during the performance of live and recorded music. 

The Solicitor to the Committee introduced those present and confirmed who was to speak with regard to the application.  Mr Mills for the applicant, Mr Springett, resident and Mr Barrrie on behalf of Mrs Veitch, resident. Representatives from Lincolnshire Police were at the hearing but confirmed that they did not wish to make any further representation to the Committee.

The Licensing Officer introduced report CSL006 which concerned a variation of a premise licence for the premises known as the Pear Tree, Broad Street, Stamford.  The variation had been requested to amend a condition on the licence which states:

No drinking vessel of any description shall be removed from the licensed area, save for disposal by a member of staff or the licensee’s own personal use.

The applicant had been issued for a pavement licence by Lincolnshire County Council and therefore he required the condition to be amended so that he could take advantage of the licence between the times of:

11:00 – 20:00 hrs

The applicant had also asked for an extension of hours for recorded music, dancing, late night refreshment, sale of alcohol and closing hours.  Representations were received from the police and a meeting was held between the applicant and the police on 8 March to see if an agreement could be reached.  The Licensing section received confirmation of the agreed changes following the meeting.  On 30 March two representations were received from interested parties both relating to public nuisance due to noise from the premises.   One of the interested parties asked that if the variation was agreed that a condition be attached stating that all windows and doors be kept shut during performances of live and recorded music. Environmental Protection confirmed that they had not received any complaints about noise or disturbance from the premises.

The applicant then presented his case stating that no complaints had been previously received about the premises. The times requested were in line with other businesses in the area. The pavement licence would be more of a coffee area to extend the lunch time business and it would have controlled access and times.

Members asked for clarification with regard to access to the pavement area to which the applicant replied.

The interested parties then presented their cases, Mr Springett referred to the noise that would be increased from live and recorded music if the hours were extended.  The location of the premises meant that people used the area as a conduit and caused a public nuisance. Reference was made to other premises in the area and the disturbance caused late at night which the Stamford Street Pastors helped to maintain public safety in a voluntary  ...  view the full minutes text for item 48.

Report CSL007 by the Community Safety and Licensing Service Manager.

(Enclosure)

Meeting reconvened at 11.46am

Councillor Chivers left the meeting at 11.46am

Decision

That the application for a Sexual Entertainment Venue Licence in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009) be approved to 03:15 every day of the week, overwriting the standard condition that no such activity should take place on a Sunday. Approval of the licence is to incorporate the District Council’s standard conditions together with the additional conditions that had been proposed by the applicant in writing at the hearing.

The Solicitor to the Committee introduced those present and confirmed who was to speak in connection with the application.  John Kent from John Kent Solicitors would be speaking on behalf of the applicants Mr Yusuf Mehmet Yenibertiz and Maria Karlsson Djurovic. The Manager to the premises was Mr Makram Messaludi.  Inspector Rod Rose and PC Dale Walker would be speaking on behalf of Lincolnshire Police and Mrs Brown was an interested party.

The Licensing Officer then referred to report CSL007 which concerned an application for a Sexual Entertainment Venue Licence (SEV) in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009).  The Council had adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 with regard to Sexual Entertainment Venues at the meeting held on 3 March 2011.  The premised had run a lap dancing club under the permissions of the Licensing Act 2003 from January 2010 up until 30 March 2012 no complaints about the premises had been received by the authority during this period.  On 12 March 2012 an application was received for Taboo Gentlemen’s Club to hold a SEV which would run in conjunction with the premises licence issued under the Licensing Act 2003.    The applicant had applied for a licence to hold sexual entertainment everyday from 21:00 to 06:00hrs.  A complaint was received by e-mail from a person who wished to remain anonymous alleging solicitation, drug use, drinking after time, counterfeit alcohol and full contact dancing. A further e-mail by the same person was made on 4^th April 2012 making further allegations; these were referred to the police for them to investigate.  Two representations were received from members of the public stating that the character of the area was unsuitable, the hours requested were unreasonable, there was noise and disturbance from the premise, its location and the alleged behaviour of the staff.  On 5^th April the police submitted representations regarding the extension of the hours sought, drug use at the premises and as yet unsubstantiated complaints of illegal sexual activities and services taking place.  The police asked that if the Committee were minded to grant the licence they asked if they would delay the decision until the problems surrounding CCTV and the drug use were resolved.  Since the report had been written the police and the applicant’s solicitor had met to find a way  ...  view the full minutes text for item 49.