Licensing Committee Minutes - 2 January 2008

Present:

Lic/31/1/08  Apologies for Absence

An apology for absence was received from Mrs E Langan

Lic/32/1/08  Minutes

Minutes Lic/26/12/07 to Lic/29/12/07 of the meeting of this Committee held on 5 December 2007 were approved as a correct record of those proceedings.

Lic/33/1/08  Declarations of Interest

Councillor R Fisher declared a personal interest in item 4 on the agenda (Application for a Premises Licence, Greengill Barn, Strickland Road, Morland, Penrith, CA10 3AX) as he was acquainted with the applicant (Mr F Markham) through engagements carried out as Chairman of the Council.
Councillor A K Morgan declared a personal interest in item 4 in that he knew the applicant as a former Eden District Councillor and as a personal friend.
Councillor G Savage declared a personal interest in item 4 in that he knew the applicant as a former Councillor.
Councillor T Brunskill declared a personal interest in item 4 in that he knew the applicant as a former Councillor.

Lic/34/1/08  Application for a Premises Licence, Greengill Barn, Strickland Road, Morland, Penrith, CA10 3AX

Councillor N Hughes declared a personal, non prejudicial interest in that he was acquainted with the Clerk to Morland Parish Council who was also employed at Eden Housing Association for which he served on the Executive Board.

Councillor D Jackson declared a personal interest in that he was acquainted with the applicant in his capacity as Ward Councillor.

The Committee considered report CLS108/07 of the Director of Corporate and Legal Services setting out the details of an application for a premises licence under the provisions of the Licensing Act 2003 in relation to Greengill Barn, Morland for Mr F Markham.  The application requested licensable activities to include the sale of alcohol, provision of regulated entertainment, entertainment facilities and late night refreshment. 

The Committee had previously deferred consideration of the application for the provision of a noise assessment which had since been circulated.  The Committee also considered an additional report by the Council's Environmental Protection Team.

The Committee considered the application in light of the Council's Licensing Policy and Licensing objectives and in light of representations.

Members asked questions of the Licensing Officers.

Mr Markham made a presentation to the Committee in support of the application commenting on aspects including the current planning status, the noise survey, and his intended main use of the premises as a cinema.

Members asked questions of the Applicant including information about the car parking provision, outside use for smokers and levels of amplification.

Councillor D Jackson addressed the Committee in his capacity as Ward Member commenting on aspects including the impact of the future viability of the premises and of the effect of possible increases in traffic levels through adjacent villages and narrow routes.

Councillor Jackson declared a personal interest in respect of his residence in Morland in that the proposals may impact on the speed and quantity of traffic flow through the village.

Members asked questions of Councillor Jackson including the capacity of existing facilities in the village.

Councillor Jackson declared an interest in that he would personally welcome a cinema in this area.

Mr Gore addressed the Committee in objection to the application commenting on issues including the possibility of noise nuisance, anti-social behaviour, and risks to public safety including to children.

1. RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Act.
   
   The Press, Public, Applicant and Licensing Officers withdrew from the meeting.
2. Motion by Councillor Mrs G Lumley
   Seconded by Councillor M Eyles

That the application be approved subject to the following conditions:

1. The provision of regulated entertainment consisting in either a performance of dance or the provision of facilities for enabling persons to take part in dancing shall be restricted to Fridays and Saturdays only.
2. At least one member of staff shall be employed at the premises whilst they are open to the public and shall supervise patrons leaving the premises, seeking to ensure that such patrons do not cause nuisance to the occupiers of premises in the locality.
3. At all times when the premises are in use for any licensable activities, notices shall be displayed at all exits referring to the rights of local residents and the need for patrons to leave quietly.
4. During all times when regulated entertainment is being provided all windows and (except for purposes of entrance and exit) all doors shall be kept closed.
5. No air-handling/ventilation or cellar cooling equipment shall be installed at the premises without an assessment of the noise impact of the proposed equipment having previously been submitted to the Council's Environmental Protection Team and the said team having given their approval to the installation of the said equipment.

Amendment by Councillor N Hughes

That the application be approved for the provision of regulated entertainment (plays and films), the provision of late night refreshment and the supply of alcohol.

The Amendment was lost for want of a Seconder.

A vote was taken when there were;

And it was RESOLVED that the application be approved subject to the following conditions:

1. The provision of regulated entertainment consisting in either a performance of dance or the provision of facilities for enabling persons to take part in dancing shall be restricted to Fridays and Saturdays only.
2. At least one member of staff shall be employed at the premises whilst they are open to the public and shall supervise patrons leaving the premises, seeking to ensure that such patrons do not cause nuisance to the occupiers of premises in the locality.
3. At all times when the premises are in use for any licensable activities, notices shall be displayed at all exits referring to the rights of local residents and the need for patrons to leave quietly.
4. During all times when regulated entertainment is being provided all windows and (except for purposes of entrance and exit) all doors shall be kept closed.
5. No air-handling/ventilation or cellar cooling equipment shall be installed at the premises without an assessment of the noise impact of the proposed equipment having previously been submitted to the Council's Environmental Protection Team and the said team having given their approval to the installation of the said equipment.

Reasons for decision

The Committee considered that, taking into account the detail of the application, the Council's policies, relevant legislation and guidance, and representations made, adequate measures had been taken to limit possible nuisance associated with the use of the premises.

It was considered that if, in the future, evidence of nuisance was brought to the Council, the Licensing Committee would have adequate powers to review the licence and/or to enforce conditions under authority already within the remit of the Environmental Health section.

Other options considered

Refusal of permission to provide facilities for music and dance was considered and rejected.

The Press, Public, Applicant and Licensing Officers were invited back to the meeting room and advised of the Committee's decision

Lic/35/1/08  Exclusion of the Press and Public

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A of the Act.

Lic/36/1/08  Minutes

Minute Lic/30/12/07 of the meeting of this Committee held on 5 December 2007 was approved as a correct record of those proceedings.

The meeting closed at 11.14am