Minutes for Licensing Sub-Committee meeting, Nov 25 2009, 2.00PM official page

RESOLVED:

That Councillor Blackburn be appointed Chair for this meeting of the Sub-Committee.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by Village Inn (E.O) Ltd for the variation of the Premises Licence in respect of the above premises as follows:

Licensable activities applied for:

·                     The sale of alcohol by retail (on and off the premises):

·                     The provision of regulated entertainment - films;

·                     The provision of regulated entertainment - live music; and,

·                     The provision of regulated entertainment - recorded music:

·                     The provision of regulated entertainment - entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance;

·                     The provision of entertainment facilities - making music;

·                     The provision of entertainment facilities - dancing; and,

·                     The provision of entertainment facilities - entertainment of a similar description to that falling within the category of making music or dancing:

·                     The provision of late night refreshment:

Hours premises to be open to public:

The applicant also wished to remove the following Conditions:

i)          No children shall be allowed on the premises after 21.00 hours

ii)         Music levels shall be limited to a single performer/duo artist

Objections to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

The Sub-Committee heard representations from:

(1)

Mr.G.Sumner, Licensing Consultancy Services on behalf of the applicant in support of the application, Mr Sumner called Miss Orr, Designated Premises Supervisor as a witness;

(2)

Councillor J. Colbert on behalf of Mr & Mrs Jones, Mrs.C.Rooney and Mr B.O’Connell objecting to the application;

(3)

Councillor Baldwin, on behalf of Aintree Parish Council, objecting to the application.

All parties and the Sub-Committee took the opportunity to ask questions upon the representations made, and at the end of the representations everyone confirmed that they were satisfied that they had said all they wished to say.

All parties agreed the issues that were in contention and the procedure that was to be followed. There were no preliminary issues raised and at the end of the representations, everyone confirmed that they were satisfied that they had said all they wished to say.

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision in public.

RESOLVED:

The Variation of the Premises Licence in respect of the Village Inn, 70 Haileybury Avenue, Aintree, L10 6LP be granted as follows;-

·                     The sale of alcohol by retail (on and off the premises):

·                     The provision of regulated entertainment - films;

·                     The provision of regulated entertainment - live music; and,

·                     The provision of regulated entertainment - recorded music:

·                     The provision of regulated entertainment - entertainment of a similar description to that falling within the category of live music, recorded music, or performance of dance;

·                     The provision of entertainment facilities - making music;

·                     The provision of entertainment facilities - dancing; and,

·                     The provision of entertainment facilities - entertainment of a similar description to that falling within the category of making music or dancing:

·                     The provision of late night refreshment:

·                     Hours to be open to the public:

Subject to the following condition:

(1)       No children shall be allowed on the premises after 21:00 hours except when they are attending a bone fide function in the closed function room on a Friday and Saturday night.

The condition limiting music levels to a single performer /duo artist be removed. 

Reasons

The Sub-Committee has heard representations from Mr Sumner on behalf of the Applicant, Councillor Colbert on behalf of the residents and Councillor Baldwin on behalf of Aintree Parish Council.

 The Sub-Committee has noted the concerns of the residents but are satisfied that in the 22 months Miss Orr has been operating the premises she has complied with the Licensing Act 2003 in the promotion of the licensing objectives.

No evidence was presented in support of the representations made regarding the extension of hours requested or for the provision of additional regulated entertainment or late night refreshment.

Accordingly the Sub-Committee saw no reason not to grant the application.

In so far as the removal of the conditions are concerned the Applicant gave evidence that the reason for the removal of the condition regarding children was to enable her to allow the presence of children on the premises when functions are taking place. That being the case the Sub-Committee has amended the condition accordingly.

The Sub-Committee heard no representations from the interested parties regarding the removal of the condition regarding the level of music being limited to a single performer etc. and have removed the condition.

The Sub-Committee are satisfied that the Premises Licence Holder is complying with the condition on the licence which requires her to attend meetings with residents.

 The Sub-Committee do take this opportunity to remind the Premises Licence Holder of the content of Condition 12 on the licence and to ensure compliance.

The Sub-Committee hopes that the fears expressed by the residents will not come to fruition, but they are reminded that the residents do of course have the right to request a review.