Agenda and minutes
PDF 88 KBVenue: The Council House, Burcot Lane, Bromsgrove. View directions
Contact: Andy Jessop
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Appointment of Chairman Minutes: RESOLVED that Councillor Mrs. M.A. Sherrey J.P. be elected Chairman of the meeting. |
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To receive 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 members of the Sub-Committee and officers present to the applicant and the other parties present.
The Chairman invited the other parties to identify themselves.
The Chairman reminded all parties of the procedure to be followed during the Hearing and 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 were asked to consider an application to vary a premises licence in respect of the Hop Pole Public House, Birmingham Road, Bromsgrove. The application was subject to a Hearing in the light of one objection which had been received from a person who was involved in a business in the vicinity of the premises, who had expressed concern over noise associated with people using the beer garden at the premises being exacerbated by the proposed extended hours for the playing of recorded music.
No representations had been received from any “responsible authority.”
A request was made by the Interested Party to introduce late evidence, namely a Noise Survey dated 10 September 2007. The Sub-Committee considered whether to take this late evidence into account and decided that, although it related to the licensing objective of prevention of public nuisance, they were concerned about the late submission of this evidence, and, furthermore, considered that the appropriate authority for giving technical, expert noise evidence was the Environmental Health authority - therefore it was decided that this late evidence should not be admitted. However, the Sub-Committee noted that it would hear and take into account any factual evidence from Interested Parties on noise nuisance issues and so considered that the Interested Party was not prejudiced by the exclusion of this evidence.
The Council’s Licensing Officer outlined the factors which needed to be considered in this matter, and was followed by Mr. Kay, who put forward the applicants case. Representations were then submitted by the objector, Mr. Lyons.
Having had regard to
RESOLVED (a) that the application to extend the hours until 12 midnight during which the playing of recorded music is permitted on every Thursday, Friday and Saturday be allowed;
(The reason for this was that the Sub-Committee considered that the existing conditions adequately safeguarded residents)
(b) that the application to permit all forms of regulated entertainment on Good Friday and Christmas Day be allowed;
(The reason for this was that the Sub-Committee considered that the existing conditions adequately safeguarded residents)
(c) that the application to remove the condition that the outside drinking area be closed and cleared by customers by 10.45 p.m. be allowed in part, i.e. that the condition should remain but the time be varied by substituting 11.00 p.m. instead of 10.45 p.m;
(The Sub-Committee acknowledged the reality of the issues arising from the introduction of the smoking ban and had taken account of the interests of residents and the risk of noise nuisance. The Sub-Committee had tried to strike a balance between the competing interests of residents, the applicant and customers)
(d) that the application to remove the condition that the licensed premises shall not be used for public ... view the full minutes text for item 13. |