Agenda and minutes

Licensing Panel
Friday 13th July, 2018 2.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Dean Devine  01900 702502

Items
No. Item

95.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor A Kendall was elected Chair for the ensuing meeting.

96.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None declared.

97.

Questions

To answer questions from members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting.

Minutes:

None received.

98.

Standard Temporary Event Notice – Objection Notice pdf icon PDF 87 KB

The Council has received an objection notice in relation to a temporary event notice (TEN). The objection notice has been made under section 104(2) of The Licensing Act 2003. The Licensing Authority must now hold a hearing to consider the objection notice.

Minutes:

The Licensing and Compliance Officer submitted a report which sought the Licensing Panel to consider an objection notice which had been received in relation to a Temporary Event Notice (TEN). The person giving the TEN (the “premises user”) was Nathan Richard Todd, Royal Oak, 49 Main Road, Seaton, Workington.

 

The premises known as Royal Oak, 49 Main Road, Seaton held a premises licence. The TEN had been given for the car park only and did not cover the licenced premises.

 

The premises description was given as “A well supported local community pub, and gradually becoming a destination pub”.

 

The nature of the event was given as “. . . A small festival featuring local real ales and local musicians. . . . Live music will be on a small stage using a high quality and professionally ran P.A. system and like last year I will be doing regular noise level readings to ensure noise is kept within a reasonable level. Also same as last year I only aim to have around 4 hours of live music per day”.

 

The premises user intended to carry out the following licensable activities at the premises:

 

  • The sale by retail of alcohol
  • The provision of regulated entertainment

 

The event was to be held on the following dates and times:

 

Sale of alcohol:

 

29 September 2018 – 12:00 until 23:00

30 September 2018 – 12:00 until 22:00

 

Live music

 

29 September 2018 – 13:00 until 22:00

30 September 2018 – 13:00 until 21:30

 

Section 106A of the Licensing Act 2003 permitted licensing authorities to impose one or more conditions on a standard TEN if appropriate. Cumbria Constabulary and Environmental Health (“relevant persons” for the purpose of a TEN) were served a copy of the TEN in line with the requirements of the Act. The relevant persons had given objection notices to the TEN in response, as follows:

 

Environmental Health:

 

“Noise complaints were received from local residents following the event on 30.9-1.10.17 and Environmental Health wish to object on the grounds of the prevention of public nuisance. The location is predominantly residential with domestic properties in close proximity to the proposed location.”

 

Cumbria Constabulary:

 

“The applicant has informed me that he believes the TEN will take primacy over the premises licence. I accept this would be the case if the application was to licence an area not connected to the premises licence. However the licence makes specific mention of the outside areas and is therefore specifically linked/connected to the premises licence. I am content the application is a means to circumvent a necessary condition and Police wish to continue to object to the application in its new form.”

 

The Licensing and Compliance Officer set out the following options available to the Licensing Panel:

 

a)  To allow the licensable activities to go ahead as stated in the TEN;

b)  To modify the TEN by making changes to it;

c)  To issue a counter-notice under the provisions of section 105(2)(b) of the Act to prohibit the  ...  view the full minutes text for item 98.