Agenda and minutes

Apologies were received from Greg Bickerdike, Licensing Authority.

There were no declarations of interest.

An application for a variation of a Premises License in respect of The Hollybush, 494 Penn Road, Wolverhampton, WV4 4HU was considered following representations made fromthe Licensing Authority, Environmental Health and Other Persons.

The Chair welcomed all parties to the hearing and invited all those present to introduce themselves. All parties did so. He outlined the procedure to be followed and all parties confirmed that they understood the procedure.

Anita Chonk, Senior Licensing and Compliance Officer provided an outline of the application. Leigh Schelvis, Solicitor representing the Applicant, confirmed that the summary was accurate.

The Chair invited the Applicant to present their application.

Mr Schelvis, Solicitor representing the Applicant, requested to play a video, but as all parties did not agree, the request was refused.

Mr Schelvis outlined the application as per Appendix 1 of the report and stated the following:

• The earlier terminal hour had been requested by residents and patrons so that the premises could hold private events.
• Several conditions on the licence were outdated, duplicated or contradictory and therefore should be removed.
• Terms had been agreed between the Applicant and the Licensing Authority as Responsible Authority.
• Environmental Health had concerns about noise, but the applicant had made proposals to control this.
• No other Responsible Authorities had objected to the application.
• Following amendments to the legislation by the Live Music Act 2012 (“Music Act”), as amended by the Legislative Reform (Entertainment Licensing) Order 2014 (in April 2015) Live and Recorded Music were no longer deemed to be regulated activities provided music took place on premises authorised by a premises licence which was used for the supply of alcohol for consumption on the premises, if the music was amplified, it took place in the presence of an audience of no more than 500 persons, and the music took place between 8am and 11pm on the same day. Therefore, under general law, Live and Recorded Music were no longer deemed to be regulated activities under the LA 2003 for this premises.
• There would not be issues with nuisance, safeguarding or anti-social behaviour and there was no evidence to suggest otherwise.

The Chair afforded all parties present the opportunity to question Mr Schelvis and his client in relation to his submission. Mr Schelvis and his client responded to questions asked.

The Chair invited Environmental Health to make representations. Rita Braham, Senior Environmental Officer, did so as per Appendix 5 of the report. She acknowledged the change in music regulations but still had concerns regarding noise nuisance for nearby residents. 

The Chair afforded all parties present the opportunity to question the Environmental Health in relation to its submission. Rita Braham responded to questions asked.

The Chair invited Other Persons to make representations. Councillor Celia Hibbert did so as per Appendix 6 of the report. She stated that the by granting the application the Licensing Objectives would be compromised and it would set an example to other nearby premises.

The Chair invited all parties present to question Councillor Hibbert in relation  ...  view the full minutes text for item 3.