Agenda and minutes

The Chairman (Councillor Derek Levy) welcomed all those present and introduced the Sub-Committee members.

Members of the Sub-Committee are invited to identify any personal or prejudicial interests relevant to items on the agenda. Please refer to the guidance note attached to the agenda.

There were no declarations of interest in respect of items on the agenda.

Application for a new premises licence.

RECEIVED an application by Mr William Price for a new Premises Licence.

NOTED

1.            The opening statement of Mark Galvayne, Principal Licensing Officer, including the following:

a.            Representations had been made against the application from 9 interested parties living at separate addresses in the vicinity of the premises and Mr Bates had provided an e form document and sound recording.

b.            As the applicant had agreed to amend the operating schedule attached to the application to include additional steps to promote the licensing objectives, the representation by Trading Standards against the application had been withdrawn.

2.            The opening statement of Mr John Bates, spokesperson for the 9 interested parties who live in the locality of the hall included the following points:

a.            Residents had, at first, mistakenly thought that the hall was run by the Council. When noise had been excessive they had tried to ring the caretakers’ number but there had been no answer to these calls.

b.            It was thought that a noise abatement notice had been served previously.

c.            A noise limiter was inadequate as it was bypassed by people using the hall, as doors and windows were left open and walls have vibrated with noise.

d.            On 4.4.10 at 00:20 there was excessive noise including the slamming of car doors, residents complained to the Council.

e.            On the 6.6.10 there was unreasonable noise of children screaming and shouting, from the car park of the community centre this was at approximately 21:45, a sound recording had been made of this which was played to the Sub Committee.

f.              Noise levels had been very high when some religious groups used large speakers

g.            Mr Price had sent a recent letter to residents in which he had stated that he was surprised that there had been complaints. Mr Bates thought Mr Price should have been aware that there had been complaints and thought he should have had earlier discussions with residents.

3.            Mr Bates responded to questions as follows:

a.            In response to Councillor Savva’s question of how many times Mr Bates had met Mr Price he stated that he had never met him before.

b.            When asked if the licence conditions set down in Annex 5 lessened residents concerns, he said there were strong objections to the Monday to Thursday closing hours of midnight and the closing hour of midnight on Sunday

c.            He was pleased that as set down in Annex 5 of the licence conditions the caretaker would be on site whenever regulated entertainment takes place.

4.            The opening statement of the applicant, Mr William Price including the following.

a.            Mr Price stated that as the Chairman for the Community Hall he receives no remuneration but works on behalf of the community.

b.            He felt that complaints made by Mr Bates should have been directed to himself rather than the Council if he had done this he would have contacted him.

c.            He was agreeable to Mr Bates’ request regarding opening hours and agreed to  ...  view the full minutes text for item 51.

Application to review a premises licence.

RECEIVED an application from Mr Robert Pethick (an Interested Party) for a review of the Premises Licence.

NOTED

1.            The opening statement of Mark Galvayne, Principal Licensing Officer, including the following:

a.            Trading Standards in support of Mr Pethick’s application have requested a review of the premises licence on the grounds of public nuisance.

b.            A letter from Mr Kyriacos Loizou, the owner and premises licence holder of the 21 June 2010 had been circulated to all parties.  In this he had agreed to the modified conditions of the licence numbers 12 to 19 as set out in the substitute Annex 7. 

c.            The Licence holders had also agreed the reduced hours for recorded music and facilities for dancing as follows:

18:00 to 23:00 on Sundays, 18:00 to 23:30 Mondays to Fridays, 18:00 to 00:00 on Saturdays and no change on New Years Eve

d.            The only outstanding matters relate to Live music and the use of a microphone.  If Live music is to be removed from the application then condition 5 in the substitute Annex 7 would no longer apply and could be removed.

e.            Representations had been received from people living at 2 separate addresses in support of Mr Pethick’s application.  Representations against the application and in support of the premises licence holder had been received from persons living at 3 separate addresses in the vicinity of the premises.

2.            The opening statement on behalf of Mr Robert Pethick by his Sister, including the following points:

a.            Since her brother purchased the flat above the restaurant he had experienced problems with noise. Noise in general from the restaurant and at the back of the restaurant where a temporary structure was in place and also from noise in the street.

b.            Amplified music in particular was causing a problem and because conditions have not been met before she doubted whether new conditions would be met.

c.            The letters of support for the premises licence holder were from his tenants and therefore are questionable

d.            Although Council had agreed with noise issues that had been raised this matter had not been resolved which had caused great distress to her brother.

e.            Floors were inadequate to muffle sound resulting from dancing.

f.              The temporary structure at the back of the building caused further noise nuisance from inadequate doors and from extraction vent.

3.            In response to a query from Councillor Vince, Mark Galvayne stated that he did not know if the vent and temporary structure had planning permission

4.            One of the interested parties who had written in support of the premises licence holder - Heather Moore was present at the meeting and she stated that the owner of the restaurant was not her landlord

5.            The opening statement of Ellie Green, Trading Standards Officer, including the following

a.            Trading Standards supported the review in part and considered that it was necessary to reduce the hours for recorded music and dancing and to modify the conditions of the licence  ...  view the full minutes text for item 52.

Application to review a premises licence.

Application was made by TRADING STANDARDS SERVICE for a review of the Premises Licence held by Mr Ali Arslan at the premises known as and situated at Chase Side Food and Wine, 212-214 Chase Side, EN2.

NOTED that the licence holders had agreed to the Conditions requested by Trading Standards.

To approve, as a correct record, the minutes of the meetings held on:

24 March 2010

2 June 2010

AGREED that the minutes of the meeting held on 24/3/10, and 2/6/10 were confirmed as a correct record

The Chairman then thanked all those for attending and the meeting was then closed