Following the application for review by the Environmental Health 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    Except where set out below, the conditions set out on the Premises licence shall remain unchanged;

·           Condition 1 shall be deleted and replaced with:

“Doors and windows to be closed during regulated entertainment save for entrance and egress.  Toilet windows to be kept locked at all times.”;

·           Condition 2 shall be deleted and replaced with:

“Doors to be closed to new customers 30 minutes prior to closing time.  No entry or re-entry save for the purpose of compliance with smoke free legislation.”;

·           Condition 3 shall be deleted and replaced with:

“A tamper proof decibel limiter to be in place, and set at a level as approved by an Environmental Health Office of the Council.  All amplified entertainment to be supplied through the noise limiter.  A grille shall be placed over the decibel limiter which shall be fitted with tamper proof screws and which shall comply with, or be similar to, the HSE requirements which prevent access by fingers to presses.”;

·           Condition 4 shall be deleted and replaced with:

“Background music to be kept at a low level and to be played through the decibel limiter.”;

·           Condition 9 shall be deleted and replaced with:

“A single SIA registered door supervisor to ensure that no new customer’s enter the premises after 30 minutes prior to closing time and ensure that customers leave in a quiet manner.”;

·           Condition 14 shall be deleted and replaced with:

“The Designated Premises Supervisor shall hold quarterly meetings with residents.”;

·           Condition 19 shall be deleted and replaced with:

“No drinks to be consumed in the rear garden between the time 30 minutes prior to closing and opening time on the day following all occaisions.”

·           A new condition 21 shall be added, and shall read:

“Live Music, Recorded Music (save for background music), Facilities for Making Music and Facilities for dancing shall be suspended for a period of three (3) months from 29 May 2013.”

·           A new condition 22 shall be added, and shall read:

“Opening hours for the pub shall be:

Sunday – Thursday 12.00hrs – 23.30hrs

Friday – Saturday    12.00hrs – 00.00hrs

The Sunday prior

to a Bank Holiday,    12.00hrs – 01.00hrs

Monday, Christmas

Eve and New Year

Eve

·           A new condition 23 shall be added, and shall read:

“As of 8^th August 2013 Live Music, Recorded Music, Facilities for Making Music and Facilities for dancing shall be permitted from 20.00hrs until 30 minutes prior to closing time.”

·           A new condition 24 shall be added, and shall read:

“Late Night Refreshments shall be permitted from 23.00hrs and shall cease at closing time.”

·           A new condition 25 shall be added, and shall read:

“Supply of Alcohol shall be permitted from 12.00hrs until 30 minutes prior to closing time.”

·           A new condition 26 shall be added, and shall read:

“All current air vents at The Bell shall be removed and replaced with acoustic air vents.”

·           A new condition 27 shall be added, and shall read:

“The gate stay attached to the wall of 6 Market Square, Toddington shall be removed.”

·           A new condition 28  shall be added, and shall read:

“All live, recorded and background music shall be played through the noise limiter.”

·           A new condition 29 shall be added, and shall read:

“The Premises licence Holder shall acoustically seal the inner back door to the premises.”

·           The opening times of the Premises shall be altered to reflect the amendments set out above;

·           The timings for Licensable Activities shall be altered to reflect the amendments set out above.

The Sub-Committee considers the additional conditions necessary for the promotion of the licensing objectives, and in particular the prevention of public nuisance.

All of the above stated measures shall come into force upon the expiry of the period permitted to lodge an appeal, where no such appeal has been lodged.

In coming to its decision, the Sub-Committee has taken into account:

·           The Licensing Act;

·           The Secretary of State’s Guidance issued under section 182 of the Licensing Act 2003;

·           Central Bedfordshire Council’s Licensing Policy; and

·           The merits of the application and the representations (including supporting information) presented by all parties.

Applicants, Licence Holders, Designated Premises Supervisors or any person who has made a relevant representation who is dissatisfied with this decision or the imposition of any condition or restriction has the right of appeal to the Magistrates Court within 21 days of the date on which they are notified of the decision.