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BABERGH DISTRICT COUNCIL
LICENSING SUB-COMMITTEE
MINUTES OF A MEETING OF THE LICENSING SUB-COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 15 FEBRUARY 2007
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PRESENT: Mr B L Lazenby – Chairman
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Mr D G Grutchfield
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Mr P Jones
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Also in attendance at the meeting to make representations were:-
Mr L Carvell (Licensing Officer)
Mr J Halls (Environmental Health)
Mr A Woods (Solicitor for the Applicant)
Mr R Stringer (Applicant)
None declared.
The Chairman of the Sub-Committee referred to the procedure to be followed at the Hearing, a copy of which had been circulated with the Agenda.
The Licensing Officer presented the report of the Head of Natural and Built Environment (Paper F179) requesting the Sub-Committee to determine an Application under the 2003 Licensing Act by Barracuda Pubs and Bars Limited in respect of Queensbury Building Sudbury. He referred to the withdrawal of the Police objection following agreement with the Applicant on the inclusion of appropriate conditions.
The Licensing Officer also referred to letters of objection received from V Brotherwood of Queensbury House and Ms C Willbye of Girling Street which had been received within the statutory timescale and had been circulated prior to the meeting. At the conclusion of his presentation, the Licensing Officer in the absence of the objectors summarised these two objections together with the objection from Mr D Copping which had been circulated as part of Appendix 2 to Paper F179.
Mr J Halls presented his objection which had also been circulated as part of Appendix 2 to Paper F179 and referred to the report from Philip Acoustic Limited (Appendix 4). He suggested additional conditions which were acceptable to the Applicant as a result of which the Environmental Health objection was withdrawn. Mr Halls also made reference to the remit of the Fire Service in relation to the means of escape from the premises and the Licensing Officer confirmed that fire safety matters will be dealt with by the Fire Officer under the relevant Fire Regulations/Workplace legislation.
The Applicant’s Solicitor made a brief opening address to the meeting in support of the Application and asked Mr Stringer, Operations Controller for Barracuda Pubs and Bars Limited, to explain the type and scale of operation proposed for the site. Following the presentation, the Applicant and his representative were questioned. They confirmed that the revised and additional conditions proposed to address various concerns were acceptable to the Applicant, subject to clarification that the Police requirement for no sealed bottles to be removed from the premises was not appropriate as there was no Police objection to the supply of alcohol for consumption off the premises.
All parties were then requested to provide closing comments to the meeting following which all parties withdrew to enable the Committee to deliberate the Application.
The relevant parties were then invited back into the meeting and the Council’s decision was notified by the Chairman as follows:-
We have considered all representations including those of the resident objectors who are not present today.
· Some of the representations made by the resident objectors relate to general anti-social behaviour which is not a matter for the Licensing Sub-Committee.
· We are satisfied that other representations can be adequately addressed by the imposition of conditions as agreed with the Police and Environmental Health.
· Further, during the course of the hearing the Environmental Health Officer agreed conditions with the applicant to address his concerns on noise nuisance.
· The Sub-Committee is satisfied that the fire safety objections can be adequately addressed under other legislation. Further, in the absence of representations from the Fire Officer, the Sub-Committee does not intend to impose conditions on fire safety.
For the reasons set out above, the Sub-Committee agrees the grant of the Licence, subject to the conditions contained in the following resolution.
RESOLVED
That in addition to the Mandatory Conditions and the Conditions consistent with the Operating Schedule (as amended) the following Conditions be attached, to promote prevention of public nuisance, to the Application under the 2003 Licensing Act in respect of Smith and Jones, Queensbury Building Sudbury:-
Additional Conditions:-
(1) The premises shall not be used for licensable activities unless and until the general acoustics recommendations contained in the report of Philip Acoustics Limited dated December 2006 have been implemented to the satisfaction of the local Environmental Health Officer (which if so satisfied he/she shall confirm in writing to the premises licence holder) and that such noise attenuation measures shall thereafter be maintained to the satisfaction of the local Environmental Health Officer.
(2) The volume control of any amplification equipment being used at the licensed premises shall be kept under the direct control of the designated premises supervisor (DPS), or an individual nominated by the DPS, with provision made for the sound level to be turned down upon the direct request of an authorised officer of the Local Authority or Police.
(3) All windows and doors shall be kept closed (save for access or egress) during any potentially noisy activities at the licensed premises.
Amended Conditions:-
Annex 2 – Conditions consistent with the Operating Schedule
Condition 9
To be reworded to read as follows:-
CCTV equipment installed on the premises shall cover such areas of the licensed premises used for licensed activities as may be stipulated by the Police.
Condition 18
To be reworded to read as follows:-
Customers shall not be permitted to leave the licensed premises whilst carrying open bottles or glasses.
The business of the meeting was concluded at 10.55 a.m.
Chairman
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