Agenda and minutes

Agenda and minutes

Venue: Room 15, Priory House, Monks Walk, Shefford

Contact: Helen Bell  0300 300 4040

Items
No. Item

1.

Licensing Sub Committee Composition

Minutes:

 

Cllrs    L Birt

            Mrs M Mustoe

            C Gomm

2.

Members' Interests

To receive from Members any declarations of interest.

 

 

Minutes:

 

There were none.

3.

Name of Applicant

Minutes:

 

Central Bedfordshire Council – Public Protection Team

4.

Premises Address

Minutes:

White Hart Hotel, Public House

125 Dunstable Street

Ampthill

Bedfordshire

MK45 2NG

5.

Name of Parties (including the Applicant, Observers and Persons who have made relevant representations together with any persons who have made relevant representations together with any persons representing each party)

Minutes:

Mr A Stone – Technical Officer Public Protection

Mr P Warne – TLT Solicitors

Cllr L Birt

Cllr Mrs M Mustoe

Cllr C Gomm

Mr D McBain – Licensing Enforcement Officer

Mrs J Borthwick – Service Manager, Public Protection

Mr M Clay – Service Manager, Public Protection

Miss H Bell – Committee Services Officer

Mr M Woolsey – Managing Solicitor

PC 431 Neville Johnson – Bedfordshire Police

Cllr R B Pepworth - Central Bedfordshire Council

Cllr M Blair - Central Bedfordshire Council

Cllr P A Duckett - Central Bedfordshire Council

Cllr R TebbuttAmpthill Town Council

Mrs M Wilson – Ampthill Town Council

Mrs M Wright – Ampthill Town Council

Mrs S HinkinAmpthill Town Council

Mr W Silcock

Mrs S Silcock

Mrs C Valrey

Mrs E Owen

Mrs P Brazin

Mrs F Challacombe

Mrs J Pelling

Mr A Pelling

Mr S Miah – Leaseholder of the White Hart Hotel and Designated Premises Supervisor

Mr E Mater – Punch Taverns PLC

Mr D Wood – Manager of the White Hart Hotel

6.

Names of Parties submitting representations and indications of their representations

Minutes:

Mr A Stone - Applicant

PC N Johnson – In support of the applicant

Cllr P Duckett – In support of the applicant

Mr Pelling – In support of the applicant

Mrs Pelling – In support of the applicant

Mrs Challacombe – In support of the applicant

Mr P Warne – Appearing on behalf of the Premises Licence Holder

 

 

7.

Procedures for the Hearing of applications

Minutes:

The procedure for the hearing of the application, The Licensing Act 2003, was noted.

8.

Amendment of Application (if any) requested by the Applicant

Minutes:

There were no amendments to the application by the applicant.

9.

The Application

Minutes:

The Application was made by the Public Protection team of Central Bedfordshire Council to review the premises licence on the basis of persistently causing a public nuisance and failing to promote one of the four licensing objectives.

10.

LICENSING ACT 2003 - A hearing called to determine an application for a review of a premises licence for The White Hart, 125 Dunstable Street, Ampthill, MK45 2NG pdf icon PDF 82 KB

Additional documents:

Minutes:

The Sub Committee received and considered a report from the Head of Service, Public Protection which advised that an application had been submitted for a review of a Premises Licence at The White Hart Hotel, Public House, 125 Dunstable Street, Ampthill, on the basis of persistently causing a public nuisance and failing to promote one of the four licensing objectives

 

The Applicant, supporters of the applicant and representatives appearing on behalf of the licence holder 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, Mr Alan Stone had submitted an application for a review of the premises licence on the grounds of public nuisance and failing to promote one of the licensing objectives.

 

The Sub Committee noted that the premises is located on the main through route with some residential property in nearby surroundings.  A location map was attached to the report at Appendix B.

 

The Licensing Enforcement Officer advised that on 26 September 2005 variations and conversion to the premises licence was granted by Mid Bed District Council.

 

The permitted activities are: indoor sporting events, live and recorded music, performance of dance, late night refreshment (indoors) facilities for making music, dancing (indoors) and similar and; the supply of alcohol (on and off premises).  The premises licence authorises the carrying out of licensable activities between the following hours:

 

·        Monday to Thursday 10.00hrs to 00.00hrs

·        Friday 10.00hrs to 02.00hrs

·        Saturday 10.00hrs to 01.00hrs

·        Sunday 11.00hrs to 23.30hrs

 

The opening hours of the premises are:

 

·        Monday to Thursday 10.00hrs to 00.30hrs

·        Friday 10.00hrs 02.30hrs

·        Saturday 10.00hrs to 01.30hrs

·        Sunday 11.00hrs to 00.00hrs

 

In presenting the report the Licensing Enforcement Officer drew attention to the number of representations received from the Responsible Authority – Police and interested Parties.

 

The Chairman invited the Sub Committee to ask questions of the Licensing Enforcement Officer.

 

 

The Chairman invited the applicant, Mr Alan Stone to present the case to the Sub Committee.

 

The application for a review of the licence was due to a public nuisance and failing to promote one of the licensing objectives.  Mr Stone spoke in detail about the complaint history of premises from 2006 up until 2012.  The nature of the complaints alongside the observations made throughout the investigation pointed to limited management of the premises with regards to noise and little regard for the neighbouring residents of Ampthill.  The noise experienced by residents around this premises, both people noise and music, represented a public nuisance.  Mr Stone felt that every opportunity had been given to the DPS to prevent this public nuisance and manage the issues highlighted, but unfortunately had not been satisfactorily addressed.  It was for this reason  along with the persistent breach of conditions and ongoing noise breakout that a review of the premises licence was sought.

 

The Chairman invited the Sub Committee to ask any questions of Mr Stone.

 

The Chairman  ...  view the full minutes text for item 10.

11.

Decision

Minutes:

 

On the basis of the written and verbal representations, the Licensing Sub-Committee made the following findings of fact:

 

·        The Sub-Committee are extremely disappointed with the matter raised before them;

·        The Sub-Committee accept the evidence of Alan Stone in its entirety;

·        The Sub-Committee accept the evidence of the Police in its entirety;

·        The Sub-Committee have heard from ten objectors, all willing to speak out and attend the hearing;

·        Each of the objector’s is a resident of Ampthill, living in the locality of the Premises;

·        All of the objector’s are credible and reliable;

·        All of the objector’s lives’ are being affected by the activities at the Premises;

·        Numerous warnings have been given to all of those responsible for the Premises, and not acted upon;

·        The situation has got worse in the last twelve months;

·        It is unchallenged evidence that:

o       the Designated Premises Supervisor is rude and ignores the complaints of residents;

o       the Designated Premises Supervisor has ignored the requests of the Council’s public protection team;

o       extreme noise has emanated from the Premises;

·        It is accepted that:

o       the Premises has been, and is continuing to be, a problem

o       there has been, and continues to be, a noise nuisance;

o       conditions of the Premises licence have been breached, frequently;

·        The Sub-Committee believe that the problems suffered by residents late at night and in the early hours of the morning are exacerbated by the activities of the Premises;

·        Doors to the Premises are not just opened by customers and visitors and there is clear evidence that the doors have been deliberately hooked back;

·        Use of external areas creates problems for local residents;

·        Residents are clear, and it is accepted, that the activities of the Premises are causing them to suffer loss of sleep and extreme noise nuisance;

·        Inappropriate noise occurs due to inappropriate bottle disposal;

·        The Premises are poorly managed;

·        Both the Designated Premises Supervisor and the Licence Holder have had in excess of a year to act and have failed to do so;

·        The Designated Premises Supervisor has set himself a low standard and failed to achieve it;

·        The failure of the management is the key issue to the failings of the Premises;

·        The Sub-Committee believe that the works required will take longer than a single month.

 

 

DECISION

 

Following the application for review by the Public Protection Team of Central Bedfordshire Council, and on the basis of the findings of fact outlined above, the Sub-Committee has resolved that the following steps should be taken:

 

 

·        The following amendments shall be made to the Premises licence:

o       Condition 5 shall be deleted and replaced with:

“All doors and windows to be kept closed at all times.”;

o       Condition 6 shall be deleted and replaced with:

“No admission or re-admission to the Premises to be permitted after 23:00 hrs.”;

o       A new condition 10 shall be added to the Premises licence and shall read:

“The opening hours of the Premises shall be limited to 00:00 hrs, seven days a week.”;

o  ...  view the full minutes text for item 11.