Agenda and draft minutes

Statutory Licensing Sub-Committee - Wednesday, 3rd December, 2014 10.00 am

Venue: Committee Room 1 - 3rd Floor - Civic Centre. View directions

Contact: Linda Banbury  Tel: 01902 555040 Email:  linda.banbury@wolverhampton.gov.uk

Items
No. Item

1.

Apologies for absence

Minutes:

There were no apologies for absence.

2.

Declarations of interest

Minutes:

There were no declarations of interest.

3.

Licensing Act 2003 - Application for a variation of a Premises Licence in respect of The Royal London, 4-6 Wulfruna Street, Wolverhampton pdf icon PDF 85 KB

To consider an application to vary a Premises Licence within the Cumulative Impact Zone.

Additional documents:

Minutes:

In attendance

For the premises

Clare Eames – Solicitor for the Premises Licence Holder

Donna Boden – Designated Premises Supervisor

Andy Willis – Area Manager for Stonegate Pub Company Limited

 

Responsible Authorities

Elaine Moreton – Licensing Authority

Sarah Stiles – Environmental Health (Commercial)

 

This hearing had originally been scheduled to take place on 7 November 2014 and, following a request from the Solicitor for the Premises Licence Holder, the Sub-Committee had agreed to defer consideration of the variation application until today.

 

The chair introduced the parties and outlined the procedure to be followed at the meeting.

 

Colin Parr, Licensing Manager, outlined the report submitted to the meeting and circulated to all parties in advance.  He advised that, following consultation with the applicant and a subsequent decision to cease off-sales at midnight, Public Health indicated that they would not be attending the hearing as this was unnecessary.

 

Clare Eames outlined the application to vary the premises licence, on behalf of the Premises Licence Holder.  She advised that pre-consultation had taken place with the responsible authorities. She added that the Designated Premises Supervisor had nineteen years’ experience in the licensed trade, was chair of the Pubwatch Scheme and heavily involved in the launch of the Safe Haven initiative. The premises also operated ‘Challenge 25’ and were due to sign up to the use of lapel cameras.  The Sub-Committee were advised that the premises were owned by Stonegate Pub Company Limited and that Heantun Housing leased the first floor of the premises to house vulnerable persons. The premises had had a number of Temporary Event Notices between March and November 2014 and there had been no problems arising from these functions. She added that, currently, some of the clientele would leave Royal London to visit other establishments within the Cumulative Impact Zone which opened later; it was not the intention to attract new customers but to encourage the current customers to stay and then disperse from the city centre.  She indicated that the Company had already negotiated longer opening hours within fourteen other locations.

 

Responding to questions, the Designated Premises Supervisor advised that the off sales facility was only used up to 1800 hours in respect of the smoking area and only plastic glasses were used.  A sweep of the area to clear any litter in the vicinity of the premises was undertaken every thirty minutes and a radio link was used to alert any disturbance covered by the CCTV. She added that she had a good working relationship with Heantun Housing, who were currently in the process of providing a twenty four hour concierge facility. She advised that the patrons to the premises were of a mixed range in terms of age.

 

Elaine Moreton had made formal representations on behalf of the Licensing Authority and drew attention to minor wording amendments in respect of proposed conditions on the varied application which had been agreed with the applicant.

 

Sarah Stiles had agreed an additional condition with the applicant and should this be attached  ...  view the full minutes text for item 3.

4.

Exclusion of press and public

To pass the following resolution:

That in accordance with section 100A (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of schedule 12A to the act relating to the business affairs of particular persons.

 

Minutes:

Resolved:

            That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting at this point as it involved the likely disclosure of exempt information falling within paragraph 3 of schedule 12A to the Act relating to the business affairs of a particular person.

5.

Deliberations and decision

Minutes:

The Sub-Committee discussed the issues which had been raised during consideration of the application for a variation to the premises licence.

6.

Re-admission of press and public

Minutes:

The parties returned to the meeting and were advised of the Sub-Committee’s decision as follows:

7.

Announcement of decision

Minutes:

The Sub-Committee have taken note of all the written concerns raised in respect of Royal London, 4 - 6 Wulfruna Street, Wolverhampton.  They have listened to the arguments of those who have spoken at this hearing.

 

The Cumulative Impact Policy applies to these premises.  The Sub-Committee are satisfied that sufficient evidence has been provided by the applicant to illustrate that the premises will not add to the cumulative impact already experienced and that the presumption of non-grant has been rebutted.

 

The application for variation to the premises licence is therefore granted as applied for, subject to the following amendments to the operating schedule as agreed between the applicant and the Licensing Authority (page 71 for the agenda bundle) to read:

 

Prevention of Crime and Disorder

6. An incident log (which may be electronic) shall be kept and made available on request to an officer of the Licensing Authority or Police, which will record the following:

a)    any incidents of disorder

b)    any seizures of drugs or offensive weapons

c)    any ejections of patrons

 

Protection of Children from Harm

2. A log (which may be electronic) shall be kept detailing all refused sales of alcohol.  The log shall include the date and time of the refusal and the name of the member of staff who refused the sale.  A copy of the log or electronic report shall be made available to an officer of the Licensing Authority or Police upon reasonable request.

 

The granting of the variation to the premises licence is also subject to the following conditions:

 

  1. No off sales at the premises after midnight on any day.

(This was agreed between the applicant and Public Health)

 

  1. Notices will be displayed at the exit to the premises requesting customers to leave quietly. 

(This was agreed between the applicant and Environmental Health)

 

It is considered by the Sub-Committee that the above conditions should be attached in support of the Prevention of Public Nuisance and Public Safety licensing objectives.

 

Finally, such conditions as are specified on/or are consistent with the operating schedule will be attached to the licence, together with any mandatory conditions required by the Act.

 

All parties have a right of appeal to the Magistrates’ Court within 21 days of receipt of this decision.