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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 TUESDAY 22 DECEMBER 2009 (10.30 a.m.)
PRESENT: Mr B L Lazenby - Chairman
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Mr P J Holbrook |
Mr A J Ward |
Also in attendance at the meeting to make representations were:-
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Mr L Carvell |
(Licensing Section) |
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Mr N Amos |
on behalf of the applicant |
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Mr M Wharrier |
on behalf of the applicant |
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Mr C Miller |
objector |
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Mr P Burns |
objector |
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Mr R Nunn |
objector |
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Mr M Booth |
on behalf of Mr K and Mrs A Newson (objectors) |
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Mr P Clifford |
on behalf of Mr N and Mrs D Keeble (objectors) |
Mr J Halls, Natural and Built Environment Division, was present at the meeting and at the invitation of the Chairman responded to some of the points made during the course of the hearing.
Quick links ...
1 Declaration of Interests
2 Petitions
3 Grant of Premises Licence (Section 17) Boat House, Sudbury
Appendix 1
None declared.
The Director of Corporate Services reported the receipt of the following petition which had been submitted to the Chief Executive:-
New licence application at The Boathouse Sudbury
Petition signed by approximately 60 residents objecting to the application for a new premises licence. The petition was referred to in the report of the Head of Natural and Built Environment (Paper J145 – Minute No 3 below) and taken into account in the hearing.
The receipt of the petition was reported to the Council meeting on 15 December in accordance with Council Procedure Rule No 13.
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. He also made reference to the fact that emails of a lobbying nature had been circulating but that, in accordance with the Council’s accepted policy and practice, such lobbying would be disregarded by Members in determining the application.
The Head of Natural and Built Environment submitted a report (Paper J145) requesting the Sub-Committee to determine an Application under the 2003 Licensing Act for the grant of a new premises licence in respect of the Boathouse, Cross Street, Sudbury. The Principal Licensing Officer, in presenting the report, made reference to the plan of the premises on display in the Council Chamber and summarised the objection submitted by Mr B Mayle, who was unable to be present. He also responded to questions from Members.
The objectors and those speaking on behalf of objectors addressed the Sub-Committee on the basis of the written objections received within the consultation period. Members asked questions on the issues raised, and sought clarification from Mr Halls on various technical matters including the effect of the bridge on noise levels.
The applicant’s representatives then addressed the meeting and responded to questions from Members. They also agreed to amend the application (as incorporated in Premises Licence BPL0170).
Closing submissions were then made and the Licensing Officer advised that the copy of an advertisement (relating to functions at the Boathouse over the Christmas/New Year period) which was introduced by an objector at the meeting, was to be disregarded by Members. Following this all parties withdrew to enable the Sub-Committee to deliberate the Application.
During the course of their deliberations, Members took into account the objections received in relation to the Council’s Licensing Objectives by individual objectors and the signatories of the petition, and also the offer made on behalf of the applicant to amend the application. The relevant parties were then invited back into the meeting and the decision of the Sub-Committee to grant the new premises licence subject to various amendments being made to the application, including the hours of operation, was notified.
RESOLVED
That the new premises licensing Application under the 2003 Licensing Act in respect of The Boat House Cross Street Sudbury be granted, subject to
(a) the terms and conditions as voluntarily amended by the applicant’s representative at the hearing
(b) the activities and areas being restricted and conditioned to those shown on the summary attached as Appendix 1.
in addition to the Mandatory Conditions and Conditions consistent with the Operating Schedule (as amended) to promote the prevention of public nuisance.
The business of the meeting was concluded at 12.55 p.m.
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Chairman
ANNEX 1 - MANDATORY CONDITIONS:
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1. Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor in respect of the premises licence, or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended
2. Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3. The admission of children to the exhibition of any film shall be restricted in accordance with the film classification awarded by the British Board of Film Classification (BBFC), or any successor person or persons designated as the authority under section 4 of the Video Recordings Act 1984.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE:
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
1. The premises shall be structurally adapted and intended to be used for the purpose of habitually providing, for the accommodation of persons frequenting the premises, table meals to which the supply of alcohol and other licensed regulated entertainment activities are ancillary.
2. Air conditioning and double glazed windows shall be installed and maintained at the licensed premises to assist with the prevention of public nuisance.
3. Notices advising customers to leave quietly and with respect for neighbours shall be prominently displayed and maintained on the licensed premises.
4. The management of the licensed premises shall take all reasonable steps to ensure that noise from inside and outside the premises is kept to minimum.
5. Windows and doors shall be kept closed during live or recorded music (except for background music and save for access or egress).
6. Any event proposed to take place on the licensed premises, involving licensable activities, shall be carefully reviewed by the management of the licensed premises before the booking is agreed.
7. There shall be no karaoke type activities/events held at the licensed premises.
8. There shall be no late night refreshment 'takeaway' operation from the licensed premises.
9. The management of the licensed premises shall ensure that regular safety reviews and inspection of the fencing to the river and external lighting are conducted in order to promote the public safety licensing objective.
10. Noise limiter equipment shall be installed and maintained at the licensed premises, to be set at a level as agreed by the local Environmental Health Officer.
11. Children under the age of 16 shall not be permitted in any public part of the licensed premises during any adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
12. A ‘Challenge 21’ or similar photographic identity proof of age scheme shall be operated at the licensed premises in order to assist with the prevention of underage sales.
13. Where a dining evening is promoted by the management of the licensed premises, tickets shall not be sold to any person under the age of 18 years.
14. There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern over protecting children from harm. This may include, but is not limited to, striptease or other activities involving full or partial nudity.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY:
1. The service of alcohol and of hot food or drink to the outdoor terraced/decked area of the licensed premises shall cease by 23:00hrs, with these areas to be vacated by 23:30hrs on all occasions.
ANNEX 4 - PLANS:
Attached. The authorisations of premises licence BPL0170 shall be restricted in accordance with the plan.
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