Agenda item

Variation Application for Premises Licence for The Pheasant Public House, Great Chishill

Meeting of Licensing (2003 Act) Sub-Committee, Monday, 9 October 2017 10.00 a.m. (Item 3.)

Minutes:

Those present at the hearing:

Sub-Committee:	Councillor Alex Riley (Chairman)
	Councillor Cicely Murfitt
	Councillor Charles Nightingale

SCDC Officers:	Myles Bebbington, Head of Service, Environmental Health and Licensing

	Paul Weller, Legal Adviser
	Patrick Adams Democratic Services Officer Suzanne Christie & Rachel Wells (Observers)
Applicant:	Mark Wickens and Deborah Wickens
Representees:	Paul Crawford, Dr Celina Fox, Jeff Gill, Mrs J Kuenzi and John Shickell

The application

The application for a variation to premises licence on behalf of Mark Wickens, The Pheasant, 24 Heydon Road, Great Chishill, Royston SG8 8SR was received by the licensing section in accordance with the Licensing Act 2003. The requirements for advertising and displaying relevant notices were carried out in accordance with the Licensing Act 2003.

The applicant requested the following:

Sale by retail of alcohol for consumption on and off the premises:

Monday to Thursday	11:00 to 15:00
	18:00 to 00:00
Friday & Saturday	11:00 to 01:00
Sunday	11:00 to 00.00
Christmas Eve	11:00 to 01:00
New Year’s Eve	11:00 to 02:00
Sundays of Bank Holiday weekends	11:00 to 01:00

Provision of live music:- Indoors & Outdoors

· Friday & Saturday 18:00 to 00:00

Provision of recorded music - Indoors only

· Monday to Thursday 11:00 to 15:00

18:00 to 00:00

· Friday to Sunday 11:00 to 00:00

· Christmas Eve until 00:00

· New Year’s Eve until 01:00

Provision of anything of a similar description to live music, recorded music or:

Performances of dance – indoors only:-

· Monday to Thursday 11:00 to 15:00

18:00 to 00:00

· Friday to Sunday 11:00 to 00:00

· Christmas Eve until 00:00

· New Year’s Eve until 01:00

Late Night Refreshment (indoors only)

· Monday to Thursday 23.00 to 00.00

· Friday & Saturday 23.00 to 01.00

· Sunday 23.00 to 00:00

· Christmas Eve 23:00 to 01:00

· New Years Eve 23:00 to 02:00

· Sundays of Bank Holiday weekends23:00 to 01:00

Premises to be open to the public :

· Monday to Thursday 11:00 to 15:30

18:00 to 00:30

· Friday & Saturday 11:00 to 01:30

· Sunday 11:00 to 00:30

· Sundays of Bank Holiday weekends 11.00 to 01.30

· Christmas Eve 11.00 to 01.30

· New Years Eve 11:00 to 02:30

Background

The premise is in a village location positioned on Heydon Road, located in the residential village of Great Chishill.

The current licence permits the following:-

Sale by retail of alcohol for consumption on and off the premises:-

· Monday to Saturday 11.00 to 23.30

· Sunday 12.00 to 22.30

· Christmas Day 12.00 to 15.00

19.00 to 00.00

· New Years Eve/ New Years Day 00.00 through to Midnight New Years day (National 36hr permissions)

Opening times to the public are as above plus 30 minutes at the end of the day

There are currently no permissions for regulated entertainment other than those permitted to all licensed premises by the Live Music Act 2012.

The premises has held a licence under the Licensing Act 2003 since its inception and previously held a licence under the Licensing Act 1964.

Relevant representations

As part of the application process the responsible authorities were contacted but made no representations about the application. However, valid representations were received from residents in the area.

As part of the process the applicant was made aware of the representations and on the 11^th September 2017 wrote to the Council.

Observations:

The panel heard representations from the applicant and his wife as well as Mr Gill, a local supporter. The panel also heard representations from Paul Crawford, Mrs J. Kuenzi, John Shickell and Dr Celina Fox. The ensuing discussion centred on how to mitigate any public nuisance caused by any increased hours, should the application be granted.

The applicant proposed the following changes to the applied-for variations:

Monday – Thursday alcohol sales to cease at 23.30, not 00.00
Benches at the front of the premises not to be used after 23.30.
Sunday alcohol sales to cease at 23.30
Live music outdoors restricted to 23.30
After 23.00 doors and windows to be kept shut
There would be no more than two events (excluding Christmas Eve and New Year’s Eve) involving music in any calendar month

The applicant explained that in the five months they have occupied the Public House they have had three events involving music. The volume of the music played would be turned down after 22.00. He intended to play background music and for that reason had applied to have indoor music every day. The Licensing Officer explained that background music is not a Licensable Activity.

The decision

Taking all the above into account, the Sub-Committee decided to agree the following:

Sale by retail of alcohol for consumption on and off the premises:

Monday to Thursday	11:00 to 23:30
Friday & Saturday	11:00 to 01:00
Sunday	11:00 to 23.30
Christmas Eve	11:00 to 01:00
New Year’s Eve	11:00 to 02:00
Sundays of Bank Holiday weekends	11:00 to 01:00

Provision of live music:- Outdoors

· Friday & Saturday 18:00 to 23:30

Provision of live music:- Indoors

· Friday & Saturday 18:00 to 00:00

Provision of recorded music - Indoors only

· Friday & Saturday 11:00 to 00:00

· Christmas Eve until 00:00

· New Year’s Eve until 01:00

Provision of anything of a similar description to live music, recorded music or:

Performances of dance – indoors only:-

· Friday & Saturday 11:00 to 00:00

· Christmas Eve until 00:00

· New Year’s Eve until 01:00

Late Night Refreshment (indoors only)

· Monday to Thursday 23.00 to 23:30

· Friday & Saturday 23.00 to 01.00

· Sunday 23.00 to 23:30

· Christmas Eve 23:00 to 01:00

· New Year’s Eve 23:00 to 02:00

· Sundays of Bank Holiday weekends23:00 to 01:00

Premises to be open to the public:

· Monday to Thursday 11:00 to 00:00

· Friday & Saturday 11:00 to 01:30

· Sunday 11:00 to 00:00

· Christmas Eve 11.00 to 01.30

· New Year’s Eve 11:00 to 02:30

· Sundays of Bank Holiday weekends 11.00 to 01.30

Conditions:

All premises doors and windows shall be kept closed from 23:00 to 08:00, except to allow access and egress from the premises or in emergencies. Doors to be soft and self-closing.
The benches at the front of the building will be cleared of patrons after 23:30 with smokers allowed to use the area outside the kitchens at the back of the building.
A maximum of two events per calendar month (excluding Christmas Eve and New Year’s Eve) where live or recorded music can be played.

Should there be any relevant issues arising from the operation of the Licence at any stage after the date of this decision notice, any party may apply for a review of the Licence on a ground relating to one or more of the licensing objectives. The Sub-Committee hopes that local residents will feel able to bring any future concerns directly to the attention of the Applicant in an effort to reach an amicable solution. The four licensing objectives are: the Prevention of Crime and Disorder; Prevention of Public Nuisance; Public Safety; and Protection of Children from Harm.

Any party to these proceedings has a right of appeal to the Cambridge Magistrates’ Court within 21 days of receiving notification of this decision.

Signed: Councillor ……………………………………………….

(Chairman)

Councillor ……………………………………………….

Dated: 9 October 2017

Supporting documents: