Agenda and minutes

The Democratic Services Officer invited nominations for the election of Chair of the Alcohol & Gambling Licensing Sub-Committee.

RESOLVED:

That Councillor Ansell be elected Chair of the Alcohol & Gambling Licensing Sub-Committee, for this meeting only.

There were none.

The Chair, Councillor Ansell made introductions and outlined the procedure to be followed and enquired whether there were any preliminary matters.

Prior to commencement of the consideration of the Variation Premises Licence Application, the Legal Advisor invited Members to hear from the Premises Licence Holder concerning the representation by Ian Gaffron in reference to regulation 25 of the Licensing Act 2003 (Premises Licence and Club Premises Certificates) Regulations 2005 had not been met. Ian Gaffron stated that the Premises Licence Holder had displayed a notice at the premises that was not off a size equal or larger than A4, was not of a pale blue colour and was not printed in a font of a size equal to or larger than 16 point size.

The Chair invited Siobhan Marden, on behalf of the Premises Licence Holder to make representations to the Committee. Siobhan Marden made the following representations on this issue:

1.    The Premises Licence Holder were not aware of the specific requirements of regulation 25 of the Licensing Act 2003 (Premises Licence and Club Premises Certificates) Regulations 2005;

2.    Licensing Services did not explicitly tell the Premises Licence Holder what she would have to do in order to comply with regulation 25 of the aforementioned Act; and

3.    If there was a lack of compliance, then it was not intentional and was not intended to deceive any person.

Members received legal advice from the Legal Advisor as follows:

1.    Regulation 25 of the Licensing Act 2003 (Premises Licence and Club Premises Certificates) Regulations 2005 was specific in its requirements for the notice to be displayed at the premises by the Premises Licence Holder.

2.    Whether the non-compliance with the aforementioned regulation is fatal to the variation application by the Premises Licence Holder is a matter of discretion for the Members.

3.    The Members should, if they find that there is material non-compliance with regulation 25 of the aforementioned act, turn their minds to the question of whether any person who might be affected by the variation application has been caused any prejudice. The Members should not fetter their discretion on this issue.

4.    If the Members find that there has been prejudice caused as aforementioned then they must treat the variation application as being not properly made.

5.    If the Members believe that no prejudice has been caused to any person then they must hold a hearing to decide the variation application.

The Sub-Committee and the Legal Advisor then retired at 11:09 a.m. to consider the application in closed session.

The Sub-Committee and the Legal Advisor returned at 11:46 a.m. to announce its decision.

The Legal Advisor, on behalf of the Chair announced that the Sub-Committee was satisfied that there had been material non-compliance with the requirements of regulation 25, no prejudice has been caused to any persons who might be affected by the variation application. The following was noted:

1.    Members noted that one person had made representations and therefore it was reasonable to believe that other  ...  view the full minutes text for item 5.

(Copy herewith)

Following considering of the preliminary matter, the Chair invited the Senior Licensing Enforcement Officer to present the report of the Licensing Team Leader.

The Chair invited Ian Gaffron to address the Committee concerning his representation in opposition to the variation of hours for the sale of alcohol on the premises and the playing of live and recorded music.

Ian Gaffron explained that he lived 20 yeards from the rear yard of the premises, that he works normal office hours. He explained to the Committee that he has concerns about increased noise from the premises late at night, especially with regard to the rear smoking yard, which can be rowdy at times with music and people leaving the premises late at night. He has not made any formal complaints to Northampton Borough Council about noise nuisance emanating from the premises.

The Chair invited Siobhan Marden, the manager of Jimmy’s Sports Bar of 6-10 Harlestone Road, Northampton to address the Committee.

Siobhan Marden, on behalf of the Premises Licence Holder made representations in support of the variation application. She stated that the Premises Licence Holder had relied upon a series of temporary event notices to extend the hours of use when providing live music or opening later in the evening. This application was made so that the premises did not have to rely upon temporary event notices going forward. It was noted that live music and other events will not take place every weekend so it may be that the premises only takes advantage of the increased hours occasionally. No formal complaints have been made to Northampton Borough Council about noise nuisance caused by the premises. They further explained that signs are displayed in the rear smoking yard to advise customers against causing excessive noise and door staff supervise the area. The premises has two gambling machines and the bar and door staff monitor their usage in order to prevent under-age persons using them. It was noted the premises is air conditioned and closed circuit television cameras are installed throughout, the premises can hold a maximum of 160 persons and customers can only exit from the front entrance. The Premises Licence Holder has agreed with the council and the Police to the imposition of certain conditions on the premises licence designed to promote the licensing objectives and prevent public nuisance and crime and disorder. Members were advised that these conditions are set out to the report in Appendices D and E.

The Sub-committee considered the options open to it under the Act and the extent to which they were appropriate with regard to the variations sought. 

RESOLVED:

That the Premises Licence for Jimmy’s Sports Bar of 6-10 Harlestone Road, Northampton shall be varied in the following terms:

A.   The agreed conditions set out in Appendices D and E to the report shall be added to the premises licence;

B.   The sale of alcohol for consumption on the Premises on Fridays and Saturdays shall be permitted until 01:00;

C.   The indoor playing of  ...  view the full minutes text for item 3.

To consider whether the Sub Committee should exclude the public from all or part of the hearing during consideration of any item listed above if the Sub Committee believe that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public, in accordance with regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.