Agenda item

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 capacity.  Mr Barrie referred to the vomit that was in abundance around the front steps and gate of Mrs Veitch’s property and the increase in public nuisance if the times were to be increased.

Members then referred to the location of the pavement licence and expressed concern about its proximity to the road. The applicant confirmed that the seating area would all be removed at 20:00hrs.

The Licensing Officer then gave her closing statement reminding Members to have regard to promoting the four licensing objectives. The guidance issued under Section 182 of the Licensing Act and South Kesteven’s Licensing Policy and the options available to them.

Mr Mill then gave his closing statement and referred to the meetings held with the police and the advice given which he had taken as shown in the amended hours asked for.

(10.35am Licensing Officer, applicant and interested parties left the meeting)

Members discussed in detail the information they had before them and the representations made during the meeting. Having regard to the advice given by the Solicitor to the Committee and the fact that the premises licence had already been granted by Lincolnshire County Council, the fact that no complaints had been received by Environmental Protection in relation to noise or disturbance from the premises it was proposed, seconded and agreed to approve the variation to the licence as agreed between the police and the applicant subject to the addition of a condition to keep all windows and doors closed during playing of live and recorded music.

(10.55am Licensing Officer, applicant and interested parties returned to the meeting)

The Solicitor to the meeting then read out the Committees decision.  The Committee had considered all the representations of all the parties but they considered that it was significant that none of the statutory consultees made any objections to the application.  They gave full consideration to the resident’s representations but despite that, there was insufficient evidence relating to the undermining of the licensable objectives. The Committee therefore agreed the variation as agreed between the police and the applicant with the addition of a condition to keep all windows and doors closed during the playing of live and recorded music.  The Solicitor to the Committee reminded those present that the licence could be reviewed at any time if there were further problems going forward.  The licence could be appealed to the Magistrates Court within 21 days of written notification of the decision.

Meeting adjourned at 10.56am.