South Cambridgeshire Hall Cambourne Business Park Cambourne Cambridge CB3 6EA

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL

LICENSING (2003 ACT) SUB-COMMITTEE

Those present at the hearing:

Sub-Committee:                     Councillor Cicely Murfitt (Chairman)

                                                Councillor Andrew Fraser

                                                Councillor Deborah Roberts

SCDC Officers:                      Myles Bebbington, Licensing Officer

                                                Maggie Jennings, Democratic Services Officer

                                                David Lord, Senior Lawyer

Applicant:                                Frank Fender, Charles Wells Brewery

Michael O’Rouke, Designated Premises Supervisor, Admiral Vernon Public House

Representees:                                    2 local residents

The application

Proposed Variation on the existing premises licence

That the rear of the premises known as Admiral Vernon Public House, 31 High Street, Over be used to create a beer garden behind the existing car park area as shown on the applicant’s revised plan produced at the hearing.

Considerations

The Sub-Committee considered the application very carefully and had due regard to the Licensing Act 2003, the accompanying Guidance and Regulations and the SCDC Licensing Policy.

Two representations were received objecting to the application from local residents and one representation was received from one of this Council’s Environmental Health Officers. The objections related to the increase in noise nuisance from customers using the garden, particularly during the evening and into the night.

Mr Fender addressed the Sub-Committee and made the following statements:

·         confirmation that the garden would be used by patrons to drink and eat only

·         there was no application to vary the hours currently permitted which were traditional pub hours

·         the existing outdoor area was very small and close to the car park and therefore not suitable for children

·         since the present DPS took over in October 2012 there had been no reported complaints

·         appropriate permission had been gained to remove the trees and shrubbery to extend the garden

·         the existing pond would not feature in the beer garden and had been fenced off

·         a fence from the rear of the public house will be erected so that the public have access to the garden without having to cross the car park

·         there was no power to the garden

·         picnic-style furniture was proposed for the garden. However, there would be no children’s play equipment

·         no representations had been received from adjacent new properties

·         time restrictions in the garden would be acceptable with an amendment to that proposed by the Council’s Environmental Health Officer, ie the beer garden to be closed between the hours of 10pm and 11am, together with notices to be displayed requesting that patrons leave the area quietly

·         use of the area at the front of the premises as a sitting out area would be restricted

One representee addressed the Sub-Committee and made the following points:

·         felt the opening hours were not as previously described as `traditional’

·         he had lived in the village for 20 years and had previously lived next door to a public house

·         had no previous issues with the running of the Admiral Vernon

·         the 2-3 trestle tables at the front of the premises had been removed and had alleviated a noise nuisance

·         at the rear of the premises there was provision for 16 patrons which he felt was sufficient

·         since the removal of the trees at the rear of the garden, there had been an heightened awareness of a problem with noise from patrons at the public house

·         music could be heard as doors to the inside of the pub remained opened

·         the level of noise increased later into the evening, sometimes up to 11:50pm

·         the level of noise would increase when children were playing in the garden

·         general enjoyment of his garden had diminished with noise from the beer garden being intrusive

·         in terms of amenity he felt that the area was being devalued

The second representee addressed the Sub-Committee and made the following points:

·         during this summer the noise from the public house had increased

·         no consultation with neighbours took place regarding the tree felling

·         she was only aware of the application when she walked around to the public house and saw the notice in the window

·         was concerned that when people were sitting out in the garden, neighbouring properties would be able to hear music from inside the public house

·         loss of garden amenity in her garden when patrons were using the pub garden

·         how would removing people from the beer garden be enforced?

·         Felt that the original trees acted as a barrier

The Sub-Committee took into account the representations from local residents regarding perceived additional nuisance that would result from the application and decided to impose conditions on the licence in order to promote the following licensing objectives:

·         the prevention of public nuisance

·         public safety

Decision

The Sub-Committee APPROVED the variation in the premises licence to use the rear of the premises (shown edged red on the attached plan) as a beer garden, subject to the following conditions:

·         The proposed beer garden should not be used between the hours of 22:00 and 11:00 in order to prevent public nuisance

·         A 2 metre high close-boarded fence shall be erected (if not already erected) and maintained between points “A” and “B” on the plan to act as a noise buffer zone between the beer garden and the residential gardens beyond in order to prevent public nuisance and to deter patrons and children from entering the pond area which could be a hazard. 

• Prominent, clear and legible notices shall be displayed in the garden requesting patrons to respect the needs of local residents and to leave the garden when asked to do so.

Interested parties and responsible authorities may apply for a review of the licence on a ground relating to one or more of the licensing objectives should there be any relevant issues arising from the operation of the premises licence at any stage in the future. The four licensing objectives are: the Prevention of Crime and Disorder; Prevention of Public Nuisance; Public Safety and Protection of Children from Harm.

The applicant and objectors have the right of appeal to the Cambridge Magistrates’ Court within 21 days of receiving notification of this decision.

Signed:            …………………………………………………………………………

Councillor Cicely Murfitt  (Chairman)

…………………………………………………………………………

                        Councillor Andrew Fraser

                        …………………………………………………………………………

                        Councillor Deborah Roberts

Dated:             23 October 2013