Agenda and minutes
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Contact: Pauline Ross
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Appointment of Chairman for the Meeting Minutes: RESOLVEDthat Councillor Mrs. R. L. Dent be appointed Chairman of the Sub-Committee for the meeting. |
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Apologies for absence Minutes: No apologies for absence were received. |
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Declarations of Interest Minutes: No declarations of interest were received. |
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Procedure Minutes: The Chairman opened the Hearing and introduced the Members of the Sub-Committee and officers present to the Applicant for Review (‘the Applicant’) and other parties present.
The Chairman invited the other parties present to identify themselves, so that the applicant and/or other Interested Parties were able to satisfy themselves that no person who may be in a position to influence the Sub-Committee remained in the room when the Sub-Committee considered its decision at the conclusion of the Hearing.
The Chairman of the Sub-Committee advised a slight amendment to the published procedure to be followed at the Hearing in relation to the running order of the speakers (meaning the Applicant for Review would present their case first, followed by the Environmental Health Officer, the Police and finally the licensee). The Chairman advised that those parties present could be represented by a legal representative at their own expense, or by a Ward Councillor. |
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Additional documents:
Minutes: The Sub-Committee was asked to consider an application for a review of a Premises Licence in respect of the Duke of York, Broad Street, Bromsgrove. The application for review had been made by Mr. R. L. Smith, a local resident living in the vicinity of the premises. The basis of the representations related to noise nuisance and anti-social behaviour. Representations had also been received from the Council’s Environmental Health Section on the grounds of public nuisance and West Mercia Police who had expressed concern over the management of the premises.
During the consultation period the Council’s Environmental Health Section had carried out monitoring of the regulated entertainment and their report showed that the premises were in breach of a number of its licence conditions.
The Principal Licensing Officer introduced the report and asked Members to note that a number of written warnings had been issued by the Licensing Authority on 24th February and 29th June 2009, informing the Licence Holder of the need for improvement in terms of keeping the volume of the music down to an acceptable level and to ensure that all windows were kept closed in accordance with licence conditions. A joint site visit with the Police took place on 5th June 2009 with the Designated Premises Supervisor being informed of the concerns expressed by local residents. Members were informed that since the report had been issued, the Designated Premises Supervisor and Manager of the Duke of York had left the premises. Members were further advised that this may have an impact during the Hearing on the representations from West Mercia Police. The Principal Licensing Officer informed those present that Members of the Sub-Committee had carried out an announced Site Visit to the premises prior to the Hearing.
Councillor E. J. Murray, Ward Member for Sidemoor then put forward the case for the applicant and all parties present agreed for photographic evidence to be presented to the Sub-Committee. Representations were than made by Environmental Health and West Mercia Police. PC Sharpe confirmed that he had received an application for Mr. M. Cox to be appointed as the new Designated Premises Supervisor and that this would be processed in the next 14 days.
The case for the Duke of York was then put forward by Mr. R. Taylor (Gosschalks Solicitors). He explained that the Duke of York premises were owned by Enterprise Plc but leased under a tenancy agreement. Due to the issues and concerns raised that tenancy agreement had been terminated under the conditions on the lease and the tenant had been requested to vacate the property. Enterprise Plc was in the process of entering into a new lease with Mr. N. Davidson and Mr. R. Davidson who were present during the meeting, with the intention that Mr. M. Cox (also present) would act as Manager and Designated Premises Supervisor.
Having listened to the representations made, Mr. Taylor advised that in view of the problems which had been encountered at the premises with noise levels, he ... view the full minutes text for item 41. |