LICENSING COMMITTEE 8Thmarch 2010

LICENSING COMMITTEE 8thMarch 2010

Applicant : Club Secretary - Ms Elaine Corbin

Application Premises:Croxley Guild of Sports & Social Club

Application address:The Green, Croxley Green, Herts. WD3 3HT

Type of Application:Variation of a Club premises Certificate

Date of Application:15th January 2010

Date by which a hearing must be commenced: 12th March 2010

Valid application made: Yes

1.Summary of application sought:

If granted it will allow the following activities:-

• The exhibition of films indoors Monday – Friday from 19:30 – 22:30 hrs and Saturday from 19:30 – 23:30 hrs.

• Indoor sporting events Monday to Friday from 19:30 – 23:00 hrs

• The performance of live/recorded music & dance indoors, Friday & Saturday from 19:30 – 00:00 hrs and Sunday from 16:00 – 22:00.

• Anything of a similar description to live/recorded music & dance Friday & Saturday from 19:30 – 00:00 hrs

• The provision of facilities for making music & dancing Friday & Saturday from 19:30 – 00:00 hrs and Sunday from 16:00 – 22:00 hrs.

• The supply of alcohol Friday & Saturday from 10:00 – 00:00 hrs and Sunday from 11:00 – 22:30 hrs.

• The opening hours to be Monday to Thursday from 10:00 – 23:30, Friday & Saturday from 10:00 – 00:30 and Sunday from 11:00 – 23:00 hrs.

• Seasonal variations for special days i.e. St. Georges, St David’s, St Andrew’s, St. Patrick’s, Burn’s Night, Halloween, Christmas Eve & Boxing Day to finish at 00:00 hrs. New Year’s Eve to finish at 01:30 the next day.

• To remove all embedded restrictions of the old licence.

The proposed conditions to support the four licensing principles are at Appendix 1.

One of the conditions offered under the heading:- The prevention of public nuisance, has been amended from: “ When live or recorded or similar music is being performed, all windows and doors will be closed at 22:00. After which a committee member will patrol the outside regularly to check noise levels are not excessive.”

To :- “ All exit doors leading from the lounge bar are to be kept shut during any performance of live/recorded music and all windows will be kept shut during any performance of live/recorded music”

Summary of premises history:

Currently the premises has the benefit of a Club Premises Certificate, which was grandfathered over from the old Licensing Act 1964 to the new Licensing Act 2003 in July of 2005.

The certificate allows the supply of alcohol to members at the following times

a)On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10:00 to 23:00

b)On Sundays, other than Christmas Day or New Year’s Eve, 12:00 to 22:30.

c)On Good Friday, 12:00 to 22:30.

d)On New Year’s Eve, except on a Sunday, 10:00 to 23:00.(*see below)

e)On New Year’s Eve on a Sunday, 12:00 to 22.30.(*see below)

f)On Christmas day, as provided by the rules of the club and notified in writing by the chairman or secretary of the club to the licensing authority. The said hours shall:

i)not exceed six and a half hours;

ii)not begin earlier than 12:00;

iii)not end later than 22:30;

iv)provide for a break of at least 2 hours, including 15:00 to 17:00;

v)not extend for more than three and a half hours after 17:00.

* On New Year’s Eve from the end of permitted hours to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00:00 on 31st December).

No other licensable activity is permitted on the premises.

List of Objectors / Representations:

Responsible Authorities:

One representation was received from Ms Gloria Gillespie the Responsible Officer for public nuisance, but was later withdrawn due to the amended condition above.

Local Interested Parties:

Ten (13) representationslocal from interested parties

3.Summary of Objections / Representations (the 4 Licensing Objectives)

Responsible Authorities:

Ms Gloria Gillespie:

Whilst I appreciate that there are no windows facing New Road, noise from music, particularly any bass element will spread out and in all directions. Re your suggestion of closing doors & windows 2 hours before the event finishes, unfortunately I could not condone this as it would, in effect, be permitting a possible nuisance to occur up until that time. I do not mean to be intransigent but I cannot agree your proposals.

The above representation was later withdrawn by Ms Gillespie following the re wording of the condition by the applicant, as reproduced at paragraph 1 above.

Relevant representations from local objectors:-

1. The property backs on to residential properties and the building design does not have adequate, if any sound proofing as we can clearly hear when they are having events at the premises.

1. We can already hear the music and bass noise from the parties held at the premises and our concern is that if it is this noisy during the winter months we are going to have some serious issues during the warmer weather when we will want our windows and doors open as well.

1. Noise from people leaving the premises along the footpath onto the road is already causing a nuisance which will be exacerbated by the increase in events.

1. There is insufficient parking in the club, which also serves the Tennis and Bowls club and when events are held there, residents have difficulty finding parking.

Licensing Act 2003 section 13, authorised persons, interested parties, responsible authorities.

Section 13(3) of the Licensing Act 2003 states, that representations can only be made from interested parties, who live or havebusinessesin the vicinity of the premises in question.

The Act does not define vicinity, but the definition as given by the Collins English Dictionary is:-

1) a surrounding, adjacent or nearby area, neighbourhood.

2) the fact or condition of being close in space or relationship.

4.Statutory Guidance (as from 28 June 2007)

The Licensing Objectives and Aims

Paragraph 1.2

The legislation provides a clear focus on the promotion of four statutory objectives which must be addressed when licensing functions are undertaken.

The Licensing Objectives:-

• The prevention of crime and disorder;

• Public safety;

• The prevention of public nuisance; and

• The protection of children from harm.

Paragraph 1.3

Each objective is of equal importance. It is important to note that there are no other licensing objectives, so that these four objectives are paramount considerations at all times.

Paragraph 1.4

But the legislation also supports a number of other key aims and purposes. These are vitally important and should be principal aims for everyone involved in licensing work. They include :

• The necessary protection of local residents, whose lives can be blighted by disturbance and anti-social behaviour, associated with the behaviour of some people licensed premises of entertainment.
• The introduction of better and more proportionate regulation to give business greater freedom and flexibility to meet customer expectations.
• Greater choice for consumers, including tourists, about where, when and how they spend their leisure time.
• The encouragement of more family friendly premises where younger children can be free to go with the family.
• The further development within communities of our rich culture of live music, dancing and theatre, both in rural areas and in our towns and cities and
• The regeneration of areas that need the increased investment and employment opportunities that a thriving and safe night-time economy can bring.

Licensing Hours.

Paragraph 13.40:-

With regard to Licensing hours, the statement of Policy should generally emphasise the consideration, which will be given to the individual merits of an application. The Government strongly recommends that statements of policy should recognise that, in some circumstances, flexible licensing hours for the sale of alcohol can help to ensure that the concentrations of customers leaving premises simultaneously are avoided. This can help to reduce the friction at late night fast food outlets, taxi ranks and other sources of transport which lead to disorder and disturbance.

Hours of trading:-

Paragraph 10.19

In some town and city centre areas where the number, type and density of premises selling alcohol for consumption on the premises are unusual, serious problems of nuisance and disorder may arise outside or some distance from licensed premises. For example concentrations of young drinkers can result in queues at fast food outlets and for public transport, which may in turn lead to conflict, disorder and anti social behaviour. In some circumstances, flexible licensing hours may reduce this impact by allowing a more gradual dispersal of customers from premises.

Paragraph 10.20

However, there is no general presumption in favour of lengthening licensing hours and the four licensing objectives should be paramount consideration at all times. Where there are objections to an application and the committee believes that changing the licensing hours would undermine the licensing objectives, they may reject the application or grant it with appropriate conditions and/or different hours from those requested.

Paragraph 10.21

Shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours. For example, a limitation may be appropriate following Police representations in the case of some shops known to be a focus of disorder and disturbance because youths gather there.

9. Determining Applications

Paragraph 9.1 General.

When a Licensing Authority receives an application for a new premises licence or an application to vary an existing premises licence, it must determine whether the application has been made in accordance with section 17 of the Licensing Act 2003, and in accordance with regulations made by the Secretary of State under sections 17(4), 17(5), 54 and 55 of the Act. This means the Licensing Authority must consider amongst other things whether the application has been properly advertised in accordance with the regulations.

Paragraph 9.2 Where no representations are made.

A hearing is not required where an application has been lawfully made and no responsible authority or interested party has made a representation. In these cases the Licensing Authority must grant the application in the terms sought, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the Act. This should be undertaken as a simple administrative process by the Licensing Authority’s officials, who should translate the proposals contained in the operating schedule to promote the licensing objectives into clear and understandable conditions.

Paragraph 9.3 Where representations are made.

Where a representation concerning the licensing objectives is lodged by a responsible authority about a proposed operating schedule, it is relevant and the Licensing Authority’s discretion will be engaged. It will also be engaged if an interested party makes relevant representations to the Licensing Authority, i.e. those which are not frivolous or vexatious and which relate to the licensing objectives. Representations can be made in opposition to, or in support of, an application.

See also paragraph 8.12 of the Guidance re Responsible Authorities.

Paragraph 9.4:- Interested parties etc.

It is for the Licensing Authority to decide in the first instance, whether or not representations are relevant. This may involve determining whether they have been made by an interested party and whether or not, for example, an individual making a representation resides or is involved in business “ in the vicinity” of the premises concerned. However, Licensing Authorities should be aware that their initial decision on this issue could be subject to legal challenge in the courts.

Paragraph 9.5 :- Vicinity

In making their initial decision on the question of vicinity, Licensing Authority should consider whether the individual’s residence or business is likely to be directly effected by disorder or disturbance occurring or potentially occurring on the premises or immediately outside the premises. In other words, it is the impact of issues relating to the four licensing objectives that is the key consideration.

Paragraph 9.6

The Government recommends that, where Local Authorities have chosen to define vicinity as a fixed distance from the premises, they should only ever use this as a guideline and should indicate in their policy statements that they will consider representations from those who live or work outside that distance if they can demonstrate that they are (or, in the case of new premises, are likely to be), affected by disorder and disturbance occurring (or potentially occurring) on those premises.

Paragraph 9.8 :- Relevant, Vexatious and Frivolous Representations

A representation would only be “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives. For example a representation from a local businessman which argued that his business would be commercially damaged by a new licensed premises, would not be relevant. On the other hand, a representation that nuisance caused by the new premises would deter customers from entering the local area and the steps proposed by the applicant to control that nuisance were inadequate would be relevant. There is no requirement for an interested party or responsible authority to produce a recorded history of problems ata premises, to support their representations; and in fact this would not be possible for new premises.

5.Licensing Policy Guidance

LP1 - Fundamental Principles

LP1.1In carrying out its licensing functions the Licensing Authority will promote the Licensing Act’s four licensing objectives.

LP1.2Each of these objectives is to be considered equally. No one objective carries more importance than another.

LP1.3In determining our policy, we have had regard to the Secretary of State’s Guidance (“the Guidance”) issued under section 182 of the Act. We have given appropriate weight to the views of those we have consulted. Referring to the Guidance is important for consistency, particularly where licensing authority boundaries meet.

LP1.4While this Licensing Policy sets out a general approach to the making of licensing decisions, it does not ignore nor is inconsistent with the provisions in the Act. For example, nothing in our Policy undermines the right of any individual to apply under the terms of the Act for a variety of permissions and to have any such application considered on its individual merits.

LP1.5Nothing in our Policy will override the right of any relevant person or body to make representations (objections) on an application or seek a review of a licence or certificate where provision has been made for them to do so in the Act. (This means to make a complaint that a premises is not adhering to its licence conditions or is causing problems locally which contravene one or more of the four licensing objectives.

LP1.6Conditions attached to various licences will be focused on matters which are within the control of individual licence holders and others granted relevant authorisations. Accordingly, these matters will centre on the premises and places being used for licensable activities and the vicinity of those premises and places. Whether or not incidents can be regarded as being in the ‘vicinity’ of licensed premises or places is a question of fact and will depend on the particular circumstances of each case. In cases of dispute, the Magistrates’ Court will ultimately decide the question.

LP1.7The Licensing Authority will primarily focus on the direct impact of the activities taking place at licensed premises on members of the public living, working or engaged in normal activity in the area concerned. Licensing law is not a mechanism for the general control of anti-social behaviour by individuals once they are away from the premises and, therefore, beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. Nonetheless licensing law is key to providing a holistic approach to the management of the evening and night-time economies of town centres.

LP1.8 The Licensing Authority is committed to avoiding duplication with other regulatory regimes as far as possible. For example, legislation governing health and safety at work and fire safety, places a range of general duties on employers and operators of venues both in respect of employees and of the general public when on the premises in question. Similarly, many aspects of fire safety will be covered by existing and future legislation.

LP1.9 Conditions in respect of public safety will only be attached to premises licences and club premises certificates that are ‘necessary’ for the promotion of that licensing objective i.e. if already provided for in otherlegislation, conditions cannot be considered necessary in the context of licensing law. Where no such legislation exists, licence conditions will be used as appropriate.

LP9 – TRADING HOURS

LP9.1 With regard to Trading Hours the Licensing Authority proposes that proper consideration will always be given to the individual merits of an application. The Government strongly recommends that statements of licensing policy should recognise that longer licensing hours with regard to the sale of alcohol are important to ensure that concentrations of customers leaving premises simultaneously are avoided, and the Licensing Authority supports this view in principle.

LP9.2 The Licensing Authority recognises the potential for additional crime and disorder and / or public nuisance arising from extended licensing hours. Consequently the Licensing Authority will scrutinise very carefully applications for extended licensing hours and, if determined appropriate, will seek to attach any necessary licence conditions for the promotion of the licensing objectives. For example, stricter conditions with regard to noise control will be expected in areas where the venue in the vicinity of people’s homes, but this should not unduly limit opening hours without regard to the individual merits of any application.

LP9.3 With regard to shops, stores and supermarkets, the normal scenario will be for such premises to provide sales of alcohol for consumption off the premises at any time when the retail outlet is open for shopping, unless there are very good reasons for restricting those hours.

LP9.4 In the interests of reducing crime, disorder and anti-social behaviour, the Licensing Authority will prefer applications from public houses, night-clubs, off-licenses and clubs that show in their operating schedules a responsible approach to alcohol sales by:

• Ending alcohol sales at a designated time before they close, i.e. a closing time later than “a last orders” time for alcohol sales;
• Specifying a time by which the premises will be emptied of patrons and closed;
• Not taking part in discounted drinking promotions.

LP11 – PREVENTION OF PUBLIC NUISANCE