AGENDA ITEM 4

BOROUGH OF POOLE

LICENSING SUB-COMMITTEE

On 28th July 2005 at 19:00 hours,

Council Chamber, Civic Centre, Poole

REPORT OF HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES

ON APPLICATION TO VARY THE CLUB PREMISES CERTIFICATE FOR THE PREMISES KNOWN AS PARKSTONE GOLF CLUB, 49a LINKS ROAD, POOLE, SITUATED WITHIN PENN HILL WARD.

1.0 / Introduction
1.1 / An application has been received for a variation of the Club Premises Certificate for the premises known as Parkstone Golf Club, 49a Links Road, Poole. Following receipt of representations this matter is brought before the Licensing Committee for determination.
1.2 / The applicant, Parkstone Golf Club, has not sought permission for any other person to speak on their behalf.
2.0 / Background
2.1 / The Licensing Act 2003 enables the Licensing Committee to consider the granting of licences or certificates where representations are received from responsible authorities or interested parties.
Under the Licensing Act 2003 (Transitional Provisions) Order 2005 a premises holding an existing liquor licence or club registration certificate can apply for the transfer of that licence or certificate under grandfather rights to a premises licence or club premises certificate. It also allows for a variation to the premises licence or certificate at the same time.
Any representation received regarding such an application will only relate to the variation and the Licensing Committee can only consider the representation with regards to that variation.
The Licensing Act 2003 gives the Licensing Committee the power to grant the variation, refuse the variation, or prescribe terms, conditions and restrictions to the varied premises licence or club premises certificate. These conditions must relate to the four objectives of the Licensing Act 2003;
  1. prevention of crime and disorder
  2. public safety
  3. the prevention of public nuisance; and
  4. the protection of children from harm

2.2 / Following the outcome of the committee hearing, all parties to the application have the right to appeal to the magistrates court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.
3.0 /

Matter for consideration

3.1 / Committee members are reminded that Parkstone Golf Club is located on Links Road situated within Penn Hillward. The area is surrounded by residential properties.
Location maps are attached as appendix A.
3.2 / Parkstone Golf Club is an established golf course with a club house. Parkstone Golf Club House has been granted a Club Premises Certificate under the Licensing Act 2003 (Transitional Provisions) Order 2005.
3.3 / The proposed application for variation of the club premises certificate is a follows:
  • To permit regulated entertainment comprising plays, films, indoor sporting events, live music, recorded music, provision for facilities for making music, provisions for facilities for dancing and the provision of entertainment of a like kind, indoors only.
  • To permit sale of alcohol (both on and off the premises) and such regulated entertainment from 09:00 until 02:00 hours.
The applicant has identified the following additional steps in order to promote the four licensing objectives.
General:
The Club will continue to be run by an elected committee on behalf of the members under the terms of the clubs rules. Compliance by members is assured by the fact that it is a private members club who are subject to the rules of the club.
Public safety:
Members of the public are not permitted.
The prevention of public nuisance:
In an attempt to prevent nuisance to nearby residents extra measures will be taken at any musical function intended to finish after 23:00 hours.
A sign requesting members to leave the premises quietly will be displayed and at the end of each function an announcement will be made.
Regular checks will be made outside near to the boundary to ensure level of noise is not too loud.
The protection of children from harm:
The club rules prevent the sale of alcohol to persons under the age of 18. In cases of doubt, the membership data base can be accessed to verify age, and in case of further doubt, and in any other case, proof of identity and age will be sought.
The application is attached as Appendix B.
3.4 / Consultation has been carried out in accordance with the Licensing Act 2003. The application has been advertised in the form of a premises notice and a newspaper advertisement and the relevant responsible authorities have been consulted with.
3.5 / 5 valid letters of representation have been received from interested parties residing within the vicinity of the premises. The representations refer to:
  • Noise from entertainment
  • Noise from persons leaving the premises
The representation are attached as Appendix C.
3.6 / No further representations were received from any of the responsible authorities.
4.0 / Conclusion
4.1 / The Committee members are asked to consider the application, representations, and the evidence that is given before them, and to make their decision. The Committee members must bear in mind when making their decision the Borough of Poole licensing policy, the guidance as set out by the Secretary of State, and the licensing objectives as set out in the Licensing Act 2003, the most relevant of which here is the prevention of public nuisance.
May I remind the Committee members that the premises has been granted a club premises certificate under grandfather rights and that the representations to which they are addressing relates to the variation of that certificate only.
5.0 / Recommendations
5.1 / The Committee is recommended to have notice of the representations made and determine whether or not the variation to the club premises certificate should be refused, granted or granted with prescribed terms or conditions.

SHAUN ROBSON

HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES

1