There were none.

Lord John Shayler

4 Church Street

Ampthill

Bedfordshire

MK45 2EH

Cllr K Janes – Central Bedfordshire Councillor

Cllr Mrs D Green – Central Bedfordshire Councillor

Cllr C C Gomm – Central Bedfordshire Councillor

Mr M Woolsey – Managing Solicitor

Mrs M Clampitt – Committee Services Officer

Mrs J Borthwick – Service Manager

Mrs S Childerhouse – Head of Public Protection

Mr F Fender – representing the Applicant

Cllr P Duckett – on behalf of Mr & Mrs Silcock

Cllr M Smith – on behalf of Ampthill Town Council

Cllr M Blair – Central Bedfordshire Councillor

Ms P Mareri – Manager, Shaylers

51 relevant representations were made by members of the public

Mr & Mrs T Hudson – Objector

Ms C Laursen – Objector

Mr & Mrs P Hoare – Objector

Mr P Webster – Objector

Ms H Armitage – Objector

Mr & Mrs Redman – Objector

Ms J Hutley – Objector

Mrs S Hinkin – Objector

Mr S Wilson - Objector

Mr & Mrs B Wright – Objector

Dr W De Groot – Objector

Mrs J Mayhead – Objector

Mrs M Coleman – Objector

Mr & Mrs Tebbitt

Mrs J Pelling on behalf of Mr A Pelling – Objector

The Procedures for the hearing of applications – Sex Establishment Licensing, the Local Government (Miscellaneous provisions) Act 1982 as amended by S27 of the Policing and Crime Act 2009 was noted.

The Sub-Committee noted the Licensing Procedure to be followed at the Hearing for a variation to the Premises Licence.

The Sub-Committee noted the four Licensing Objectives.

Mr Fender advised the Sub-Committee that a request for additional information had been made to the Licensing Officers on 15 February requesting the number of visits made before and since Shayler’s had opened.  The information was today provided by Licensing Officers, which has not provided time for consideration of the information.

The Sub-Committee agreed to a 30 minute adjournment.

There were no amendments to the applications.

The applications were for the following:

1.    A variation of the premises licence to extend the hours of operation, under the Licensing Act 2003, at Shaylers, 4 Church Street, Ampthill, Beds MK45 2EH.

2.    A variation to a Sex Establishment Licence to extend the hours of operation of a Sexual Establishment Venue at Shaylers, 4 Church Street, Ampthill, Beds MK45 2EH.

The Sub-Committee received and considered a report from the Head of Service, Public Protection which advised that two applications had been submitted for the following:

1.    A variation to the Premises Licence to extend the hours of operation; and

2.    A variation to the Sex Establishment Licence to extend the hours of operation.

The Applicant’s solicitor and the Manager of Shayler’s attended the meeting and made representations.

The Chairman outlined the procedure to be followed.

The Chairman invited the Head of Public Protection to present the report to the Sub-Committee.  The Sub-Committee were advised that the Applicant, Lord Shayler, had submitted two applications for variations to the hours of operation for their premise licence and Sex Establishment Licence.  The applications sought the following:

1.    Extension to the current licensed hours for the Premises Licence:

·           For the sale of alcohol to 03.30 Thursday to Saturday;

·           To extend the hours for regulated entertainment (live and recorded music) Thursday to Saturday to 04:00;

·           To extend hours for sale of late night refreshment Thursday to Saturday to 04:00

·           To add performance of dance as a licensable activity from 18:00 to 04:00 Thursday to Saturday and 18:00 to 01:00 on Sundays

·           To extend opening hours for the premises Thursday to Saturday to 04:00

2.    Extension to the current licensed hours for the Sex Establishment Licence:

·           19:00 to 00:30 Monday, Tuesday and Wednesday

·           19:00 to 04:00 Thursday, Friday and Saturday

·           The premises will be closed as a Sexual Entertainment Venue on a Sunday

The Chairman invited the Applicant’s solicitor to present their case to the Sub-Committee.  The applications for a variation to the premise licence and the sex establishment licence were set out as detailed in paragraphs 1 and 2 above.  Mr Fender explained to the Sub-Committee the following points:

·           There had been no indications of any problems at the premises;

·           The Police, the Fire Service, Planning, Environmental Health, the Licensing Authority, Trading Standards and Child Protection Services had not made any representations to the applications

·           The number of inspection visits to the premises had resulted in a ‘low risk’ rating being given to the premises

·           There is a demand for the venue to be open longer hours

·           The number of objections was half the amount received for the granting of the initial sex establishment licence last year

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

The Chairman invited the Applicant’s Solicitor and the Head of Public Protection to ask questions of each other.

The Chairman invited objectors to make representations.

Cllr Blair on behalf of Ampthill Town Council expressed their strong objection to the applications and urged refusal. 

Mrs Armitage represented Ampthill Community Safety and stated that 120+ residents lived within shouting distance of Shayler’s.  There had been vomiting, broken glass.

Cllr P Duckett on behalf of Mr and Mrs Silcock highlighted the noise nuisance established in a recent hearing.  120+ adults and children do not want further noise nuisance.

Mrs Hudson on behalf of Mrs Pelling asked if  ...  view the full minutes text for item 24.

That having taken into account the Licensing Act 2003 Guidance issued under Section 182, Central Bedfordshire Council’s Licensing Policy for the variation of the premises licence and having taken into account Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, Central Bedfordshire Council’s Statement of Licensing Policy for Sex Establishments for the variation to a Sex Establishment Licence and the merits of the two applications and the representations (including supporting information) presented by all parties, the applications be refused for the following reasons:

The variation to the premises licence reasons for refusal:

1.    No measures had been proposed to deal with the outbreak of noise from smokers outside of the premises;

2.    There was a lack of measures for the expedient dispersal of patrons upon the closing of the premises;

3.    It was considered that the likely impact of a late licence, later than any other licence in the locality, will result in additional noise and sleep depravation for the residents in the immediate locality;

4.    It was not clear as to whether, the premises would be operated as a licensed premises or a Sexual Entertainment Venue, which may lead to confusion for:

a.    Individuals seeking to attend and an unknown clientele for the premises to considered appropriate management controls; and

b.    For any attempts to regulate minimal measures proposed for dispersal, for example, the number of taxis that will be present.

5.    Real concern that there could be future problems with such operation

6.    There is no comprehensive record of either positive control or negative control because the premises have only been opened on that single occasion.

The variation to the Sexual Establishment licence reasons for refusal:

1.    The locality of Ampthill has changed since the closing of the White Hart public house, with no premises being open (except Shayler’s) after midnight;

2.    The locality is residential and people have a right to be able to expect not to be disturbed by patrons leaving venues in the late early hours of the morning;

3.    The locality means that it is inappropriate for such activities to continue to the requested times because it will change the locality in a manner which is not considered desirable:

a.      The change to locality including;

                          i.       Increasing the number of people in the area at 04:00 hours

                         ii.       The likely increase in the noise from individuals and vehicles

The Sub-Committee had based their reasons for refusal on the following Findings of Fact:

·           The premises has only been open since 30 November 2012, a period of just over 14 weeks

·           The licensed premises has only been operated for one single weekend in all of that time

·           There is no comprehensive record of either positive control or negative control because the premises have only been opened on that single occasion

·           There are no representations from responsible authorities

·           There is no evidence of any calls having been made to the Police

·           The premises has no garden area for patrons to sit

·           The closest outside seating area  ...  view the full minutes text for item 25.