Agenda and minutes
Wednesday, 25 April 2012 7:00 pm
Venue: Council Chamber - York House. View directions
Contact: Louise Hall, 020 8891 7813, Email: firstname.lastname@example.org
To confirm the procedure for the hearing (attached).
The procedure for the hearing was noted.
DECLARATIONS OF INTEREST
Members are asked to declare any interests in matters for consideration at the meeting.
There were no declarations of interest.
To hear and determine an opposed application for the variation of a premises license.
Present for this item were:
Mr Anderson – Solicitor for the applicant
Mr Barker – Interested Party
Mr Anderson made the following representation: he explained that the footprint of the area would not be changed, the application referred only to the extension of the licensed area. He assured the sub-committee hat the voluntary 10:30pm restriction on outside drinking would be maintained, with the exception of New Years Eve and Christmas Eve. He argued that the alteration to the existing licence would at worst have a neutral impact on residents and possibly even create benefits. These benefits might be seen in the diversification of utilised exits and routes home. In addition it was hoped that the queues inside would be better managed. It was not envisaged that there would be any change to seating, serving times or customer numbers.
Mr Anderson made the following points in response to questions from the Sub-Committee:
(i) That there was not room to create the outside bar within the current licensed area.
(ii) That the outside bar was a substantial investment and would be properly managed and maintained.
(iii) That the licence on New Years Eve and Christmas Eve would enable people to purchase drinks up to 11:30pm outside but that they would be expected to drink them inside after that point.
(iv) That there were no speakers situated in the Garden for amplified music, but that occasionally there was entertainment provided.
(v) That the customer profile of the pub was not one which would be associated with problems of crime or public disorder but that measures were in place to resolve problems should they arise. The outside servery would require more staff outside and further negate any problems.
Mr Barker made the following representation: That he owned numbers 14 & 12 Ferry Rd; living at No14 and running a bed and Breakfast business from No 12.he described and showed on the map for reference where the garden of the Anglers was situated in relation to his properties. He was also involved in the RNLI and was concerned with matters of health and Safety in relation to the River [The Anglers garden runs to the river]. He considered that the behaviour of people drinking outside would be more difficult for Fullers to manage. He argued that after the outside area was closed there was still activity and noise from staff, this would increase with, he argued with a formal arrangement for a bar outside. He reported that he had experience of people having had fatal accidents in relation to drinking and the river and would encourage Fullers to be more proactive in maintaining the exits to the river from the Anglers. He reported that the noise from the garden was increased from past levels he had experienced.
Mr Anderson responded as follows:
(i) That access to the river via the footbridge was closed at 9:00pm.
(ii) That the outside bar area when created would have its own cellar behind it and therefore noise experienced with current arrangements, should not be increased.
(iii) That Fullers maintained there would not be more drinking but that the customer experience in obtaining drinks would be improved.
(iv) That Fullers had accommodated requests from Mr Barker on various topics and were in regular liaison with him to help to manage any issues that had arisen or may arise.
(v) That there would be as a norm, 2 extra staff outside when the Bar area was in place, but that there was already a high level of staffing maintained at the anglers.
(vi) That there was also a licensed premises next door to the anglers and that this should not be forgotten when considering behaviour of customers off the property. It was not possible to establish where people had been drinking.
In closing he argued that the requested variation would not impact on residents or the safety of customers.
It was RESOLVED that the application be granted with a condition, for the following reasons
“The Licensing Sub-Committee decided to GRANT the application but felt that it was necessary and proportionate, following representations, to impose the offered conditions.
It was decided that it was necessary and proportionate to impose the offered condition being:
“The external bar servery shall close at 10.30pm on every day of the week except Christmas Eve and New Year’s Eve.”
It was noted that the existing conditions would all remain, including the following:
“The garden shall close at 11.30pm on every day of the week.”
This was because they would address the Licensing Objectives of the Prevention of Crime and Disorder, the Prevention of Public Nuisance and the Protection of Children from Harm.
The Licensing Sub-Committee thought that it was necessary and proportionate to impose the offered condition that the outside bar would not be open selling alcohol after 10.30pm each night, apart from New Years Eve and Christmas Day. The existing condition requiring the outside area be closed to customers at 11.30pm each day would remain to protect local residents’ quiet enjoyment.
The applicant, its staff, and managers are encouraged to continue to work with the local community so as to monitor the situation with local residents. Should there be problems in terms of the Applicant not meeting the licensing objectives or the conditions on the Premises Licence, then residents should notify the Licensing Authority of their complaint and ultimately have the right to request a Review of the Premises Licence. Valid noise complaints should be notified to the Environmental Health Commercial Team on telephone number 0208 891 7994, or, if the incident is between 10 p.m. and 3 a.m. on Fridays or Saturdays, to the Weekend Noise Response Service on telephone number 07944 038495.”