LICENSING AND APPEALS COMMITTEE

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1 LICENSING AND APPEALS COMMITTEE Minutes of a meeting of the Licensing and Appeals Committee of South Norfolk District Council held at South Norfolk House, Long Stratton on Monday 10 January 2005 at 9.30 am. Members Present: Committee: Mr P F Smith (Chairman) Mrs P Dore Mr R McClenning Mrs S Thomson Apologies; Substitute: Officers in Attendance: Mr R Hoare Mr M Windridge (for Mr Hoare) The Senior Solicitor, the Licensing Officer, the Licensing Administrative Officer, the Area Environmental Health Officer (Environmental Protection) and the Environmental Health Officer (Health and Safety) 439 MINUTES The minutes of the meetings held on 15 November 2004, 24 November 2004, 26 November 2004 and 10 December 2004 were confirmed as a correct record and signed by the Chairman. 440 APPLICATION FOR A HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER S LICENCE (The applicant and his supporter an operator - were in attendance for this item) It was RESOLVED that under Section 100A (4) of the local Government Act 1972 the public and the press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 4, part 1 of schedule 12A to the Act. The Chairman welcomed everyone to the meeting and the Senior Solicitor explained the procedure for determining the application. Members considered the exempt report of the Licensing Officer who outlined the application for a driver s licence. The applicant s supporter then explained why the applicant wished to apply for a licence and explained why he was supporting the application. The applicant and his supporter then explained the circumstances relating to the offences detailed in the report and why the applicant had not declared his spent convictions. After members had asked questions, the applicant, his supporter and the Licensing Officers left the meeting whilst the application was determined.

2 440 APPLICATION FOR A HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER S LICENCE (continued) They were then re-admitted to the hearing and the Chairman announced the following decision: The Panel has listened carefully to what the applicant and his supporter have said and have taken this into account. To grant a licence for a Hackney Carriage, the Council must be convinced of the driver s honesty. The Panel, in this regard, firstly takes into account the non disclosure of three offences, the latest of which was in The Council does have the option of prosecuting for this but has decided on this occasion to warn the applicant only. Secondly, the Panel must look at the applicant s previous history and this shows a consistent trait of dishonesty with the latest offence being in Thirdly, in 2000 the applicant was convicted of a driving offence involving a danger to himself and to others. Having regard to all of this, the Council has decided to refuse to grant a licence to the applicant. There is a right of appeal to the magistrates court within 21 days of receiving written notification of this decision. RESOLVED that a Hackney Carriage and Private Hire Drivers Licence be not issued. 441 APPLICATION FOR AN ANNUAL PUBLIC ENTERTAINMENT LICENCE FOR THE PARK HOTEL, DISS In attendance for this application was Mr R Twigge Mr B Clarke Taylor Applicant Local member The Chairman welcomed everyone to the meeting and the Senior Solicitor explained the procedure for determining the application. Members considered the report of the Licensing Officer who outlined the application for an annual public entertainment licence for the Park Hotel in Diss for up to 250 people from 10.00am to midnight Monday to Thursday inclusive and from 10.00am to 2.00am Friday and Saturday and 10.00am to 11.00pm on Sundays for live music, disco, karaoke, dance shows, concerts, barn dances, singing and other public entertainment of a like kind. The Licensing officer also handed round documents received since the original report had been prepared. These included a letter from the applicant stating that all the work had now been carried out, a note of the requirements of the fire officer and a further letter of objection from an existing objector. The Licensing Officer reported that, following consultations, one letter of objection had been received, signed by residents from two different addresses, objecting to the noise disturbance from music and from vehiculars when arriving/leaving the site, litter and anti social behaviour as people leave the site

3 441 APPLICATION FOR AN ANNUAL PUBLIC ENTERTAINMENT LICENCE FOR THE PARK HOTEL, DISS (continued) No other objections had been received but Environmental Services were seeking the inclusion of some further conditions and completion of outstanding work to their satisfaction, and the Fire Officer was seeking completion of the work indicated in their report. One of the local members had suggested that to help discourage problems of vandalism from people leaving the venue, the exit gate onto Denmark Street remain closed. The Panel then heard the case for the applicant. He pointed out that he already had a licence until 2.00am but had only ever stayed open to 1.00am on Friday and Saturday evenings. Recently the discos had stopped at 12 midnight. He had not received any official complaints regarding noise on Friday evenings though occasional private wedding parties on Saturday evenings had resulted in noise concerns and he had turned down the music. If there were concerns regarding noise on Fridays from the discos he would turn the music levels down. He was aware of concerns about the anti social activities taking place on Denmark Street and he pointed out that the suggestion to prevent access from the premises onto Demark Street had been carried out to help discourage anti social behaviour on that street In response to questions from members, the applicant stated that he was happy with all the conditions suggested by the consultees except the Environmental Health Officers recommendation that the hours be restricted to 12 midnight. He stated that he wanted to avoid the situation of large numbers of people leaving the premises at the same time and a license to 2.00am would help to achieve a gradual dispersal of clients. He reported that all the works required by the Environmental Health Officer had been completed though the works to resolve the problems with the double doors leading to the functions room (item 7) were still being carried out. He stated that he had good relations with the police and regularly attended meetings with them and other licensees. The police were keen for him to continue to provide late night entertainment. In response to concerns about ventilation in the summer if doors and windows had to remain closed, the applicant confirmed that there was air conditioning in the main hall but not in the function room. The Panel then heard from Mr B Clarke-Taylor, the local member, who commented that the premises were well managed and the staff were well qualified to deal with any problems. He felt they controlled the attendance and dispersal of clients from functions very professionally. The Panel then heard from the Environmental Health Officer (health and safety) who confirmed that he had no objections to the licence subject to being satisfied that all the works had been carried out satisfactorily and in response to a question, he suggested a period of one month would be sufficient to enable any remaining works to be completed. 441 APPLICATION FOR AN ANNUAL PUBLIC ENTERTAINMENT LICENCE FOR THE PARK HOTEL, DISS (continued) 3 001

4 The Panel then heard from the Area Environmental Health Officer (environmental protection) regarding noise who stated that he did not object to the license subject to the conditions contained in his memo. Discussion took place on noise levels with a suggestion being made that these could be reduced to an agreed level after midnight. The Area Environmental Health Officer stated that he had not utilised such controls in the past and he felt that the hours should be restricted to midnight to reduce the potential noise nuisance. He confirmed that the Council had not received any complaints about noise from the premises. The applicant, the Licensing Officers and Environmental Health Officers then left the meeting whilst the application was determined. They were then re-admitted to the meeting and the Chairman announced the decision. Thank you all for attending without which the Panel would not have been able to make an informed decision. The Panel has listened carefully to the comments of the applicants and the Environmental Health Officers and the written evidence submitted. The decision of the panel is to grant an annual public entertainment licence to the Park Hotel Diss subject to the following conditions: (a) (b) (c) hours to be from 10.00am to midnight Monday to Thursday inclusive and from 10.00am to 2.00am Friday and Saturday and from 10.00am to 11.00pm on Sundays for live music, disco, karaoke, dance shows, concerts, barn dances, singing and other public entertainment of a like kind; maximum numbers to be up to 250 people the requirements of Environmental Health (noise) to be met subject to the following alterations: o the noise limiting device level to be agreed with the council; o if the need for ventilation arises, any music be suspended whilst the room is ventilated; o the deletion of the condition restricting hours; (d) (e) the requirements of Environmental Health (Health and Safety) be adhered to, and, with regard to item 7 double doors to the function room, these works to be completed to the satisfaction of the Environmental Health Officer within one month of the date of this meeting; the Council s standard conditions to apply. There is a right of appeal to the Magistrates Court within 21 days of receiving written confirmation of this decision. 442 APPLICATION FOR AN ANNUAL PUBLIC ENTERTAINMENT LICENCE FOR ZAKS, PORINGLAND 4 001

5 In attendance for this application was Mr B Rawstron Ms H Wills Mr Proctor Operations Manager for the premises Solicitor for the applicant Local resident The Chairman welcomed everyone to the meeting and the Senior Solicitor explained the procedure for determining the application. Members considered the report of the Licensing Officer who outlined the application for an annual public entertainment licence for the premises known as Zaks, 119 The Street Poringland for 220 people from 11.00am to pm Monday to Saturday inclusive and from 11.00am to pm on Sundays for live music, singing and dancing. Six letters of objection had been received from local residents concerning noise disturbance from music and vehicles arriving and leaving the site, unreasonable finishing hours (originally midnight) increased traffic, possible litter and anti social behaviour as people leave the premises. No objections had been received from any statutory consultees, but the Environmental Health Officer who had not as yet been unable to comment on health and safety issues as the interior works had not yet commenced was requiring that any licence granted be subject to all health and safety issues being completed to the satisfaction of Environmental Services. The Chief Fire Officer was requiring compliance with building regulations and licensing conditions and the layout as proposed by the architects plan and numbers to not exceed 220. The Licensing Officer also handed round documents received since the original report had been prepared. These included two further statements from existing objectors and comments from the local member. The applicants then presented their case. The applicant s Solicitor explained that extensive improvements were being carried out to the premises and it was the intention to retain the premises as a pub but to also open up the restaurant area currently not in use. She commented that none of the statutory consultees had objected to the license and the applicants were happy with all the condition suggested by the consultees. With regard to the objections received she commented that concerns had understandably been raised to the notice giving details of the proposed licence as this originally referred to licensing numbers of upto 500. She explained that this related to the fee structure for applying for a license and now that the fire officer s recommendation had been received the numbers permitted was upto a maximum of 220. With regard to the issue of live music, singing and dancing which was the wording used on the licence application, she commented that the premise would in the main be used as a restaurant and that any entertainment offered would be occasional and would be ancillary to the restaurant, such as jazz music. She did not feel that litter would be a problem as the premises would not be operating a takeaway service. 442 APPLICATION FOR AN ANNUAL PUBLIC ENTERTAINMENT LICENCE FOR ZAKS, PORINGLAND (continued) 5 001

6 In response to a question from the local resident present, the Operation s Manager stated that the existing car parking facilities were being extended to increase the number of spaces available which would meet the needs of the premises. In response to questions from the panel the applicant s solicitor explained the staffing arrangements for the premises and that the management would be undertaken by one of the company s existing qualified managers. She commented that the premises would be creating many jobs for local people and therefore would be contributing to the local community. The Panel then heard from the local resident who stated that, as the hours were now restricted to pm and sufficient car parking was being provided he did not have any concerns about the granting of the licence. The Panel then heard from the Environmental Health Officer (health and safety) who confirmed that he needed to be satisfied with the works once they were complete. The Panel then heard from the Environmental Health Officer regarding noise who stated that there had been no history of any noise problems and had no objections to the license subject to the three conditions contained in his memo. In summing up the applicant s solicitor stated that the proposal was to provide a high class family restaurant and the application as amended was no more than had already existed for the previous pub and for which there had been no complaint of any noise or disturbance. The Operations Manager, the applicant s solicitor, the local resident, the Environmental Health Officers and the Licensing Officers then left the meeting whilst the application was determined. Following determination of the application, having regard to all the representations made, they were then readmitted to the meeting and the Chairman announced the following decision: Thank you all for attending here today without which we would not have been able to make an informed decision. The Panel has listened carefully to the comments made on behalf of the applicants, the Environmental Health Officers views and the comments of the local resident and has taken into account the written evidence. The decision of the Committee is to grant a License to the premises known as Zaks, 119 The Street Poringland, subject to the following conditions: a) hours to be 11.00am to 11.30pm Monday to Saturday inclusive and am to 11.00pm on Sundays for live music, singing and dancing; b) maximum numbers to be up to 220 people; c) the requirements of Environmental Health regarding noise be adhered to; 442 APPLICATION FOR AN ANNUAL PUBLIC ENTERTAINMENT LICENCE FOR ZAKS, PORINGLAND (continued) 6 001

7 d) the requirements of Environmental Health regarding health and safety be addressed to the satisfaction of the Environmental Services Department; e) the requirements of the Fire Officer be met. There is a right of appeal to the Magistrates Court within 21 days of receipt of written confirmation of this decision. (The meeting closed at pm) CHAIRMAN 7 001

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