Mrs Linda Hallam

1 Wellington Terrace

Dunstable

Beds

LU5 4JB

Mrs L Hallam             -     Applicant

Cllr L Birt                    -     Central Bedfordshire Councillor

Ms Daly                      -     White Swan Manager

Mrs P Davies             -     Licensing & Policy Officer

Mr D Duggan             -     Premises Licence Holder, White Swan          

Mrs J Hastings          -     Witness for the Applicant

Cllr Mrs C Hegley      -     Central Bedfordshire Councillor (In attendance)

Ms J Hillier                 -     Licensing Administrator & Enforcement Officer

Mr D Hobbs               -     Witness for the Premises Licence Holder

Mrs S Hobbs             -     Democratic Services Officer

Cllr K Janes               -     Central Bedfordshire Councillor

Mr R Jones                -     Environmental Health Officer

Cllr H Lockey             -     Central Bedfordshire Councillor (In attendance)

Ms M Ludford            -     Witness for the Premises Licence Holder

Mr D McBain             -     Licensing Enforcement Officer

Mr R O’Brien              -     Witness for the Premises Licence Holder

Mr Rowbotham          -     Witness for the Premises Licence Holder

Cllr AAJ Rogers        -     Central Bedfordshire Councillor

Mr M Woolsey           -     Acting Managing Solicitor - Litigation

Mrs L Hallam – objection to the continual loud music and excessive noise (screaming and shouting) from the patrons of the White Swan lasting into the early hours of the morning.

Mrs Hastings – objection to the noise levels never being controlled with loud music being played inside and outside of the White Swan especially over the weekends where the noise goes into the early hours of the morning.

Mr Dawson – objection to the noise levels from the garden at the White Swan from live music events and the television coverage of the Football World Cup.

Noted the procedures for hearing the applications for Authorisations under the Licensing Act 2005 by the Licensing Sub-Committee.

The applicant requested that the application be amended to the following:

• an automatic door closer to be fitted to all back doors;

• the pub garden be closed and cleared of all customers by 23:00 hours;

• no outside music or use of outside television screens; and

• that the staff of the premises control the level of screaming, chanting and shouting that was allowed in the outside area’s and that they are made aware that the pub is situated in a built up residential area.

The application was for the variation of a premises licence to cover the following:

·        improvements to the back doors of the White Swan;

·        to close and clear the garden of the White Swan by 23:00 hours;

·        that no music/television to be played in the garden of the White Swan; and

·        that noise levels are controlled in the outside area.

A copy of the application form was attached to the report at Appendix A.

The Chairman drew attention to the four licensing objectives which were set out in the report circulated with the Agenda.

The Sub-Committee received and considered a report of the Head of Service Public Protection which explained that an application had been submitted by an interested party for a review of the premises licence at The White Swan, 91-93 High Street South, Dunstable.  The Applicant, the Premises License Holder, the Premises Site Manager and witnesses attended the meeting and made representations.

The Chairman outlined the procedure to be followed.

The Chairman invited the Licensing Enforcement Officer to present the report to the Sub-Committee.  The Sub-Committee were advised that the applicant had submitted an application for the review of a premises licence under the Licensing Act 2003.  The applicant had recommended that improvements be made to the back doors of the public house, the garden be closed and cleared by 23:00 hours, no music/television screens be used in the garden and that staff control the level of noise in the outside areas.

The Chairman invited the applicant to present their case to the Sub-Committee.  Mrs Hallam and Mrs Hastings presented their case to support the above recommendations to reduce the noise levels coming from the White Swan.  The applicant and her witness commented on the noise nuisance that they had endured over recent years.  The applicant circulated a copy of an Environmental Health - Complaint Record Form that she had completed setting out the date, times, description of the complaint and how this had affected her.

The Sub-Committee noted that there had been four instances of noise complaints since the licence was granted in September 2005:-

• one complaint in June 2006;

• one complaint in July 2007, but this was attributed to a nearby Temporary Event Notice function and not to The White Swan;

• one complaint in March 2009, Officers did not observe a nuisance; and

• one complaint in February 2010, which led to this application for review.

The Chairman invited the rest of the Sub-Committee to question the Applicant.

The Chairman invited the Environmental Health Officer (EHO) who had responded to an out of hours call from Mrs Hallam to put forward the details of his visit to the applicant’s property at 02:00hrs on 18 July 2010.  The EHO recommended that the licence conditions be amended as follows:

• that no music to be heard from nearby residential properties after 23.30 hrs at the weekend and earlier in the week; and

• that the premises close at midnight, or persons not allowed in the garden after midnight.

The Chairman then invited the Premise Licence Holder to present his case.  The Premise Licence Holder gave a brief history and description of the White Swan including the relationship with his patrons and employees.  He commented on the agreement that had been put in place in 2006 with local residents to prevent noise nuisance.  In presenting the case the Premise Licence Holder called upon four witnesses who gave evidence to support the premises licence at the White Swan.  A copy of a letter from the Britain Street, Swan Gardens, Wellington Terrace and High Street  ...  view the full minutes text for item 56.