04/18/2011 10:00 AM Licensing Panel Sub Committee - Minutes
LICENSING PANEL SUB-COMMITTEE
18 APRIL 2011
PRESENT: Councillors Grey (Chairman), Mrs Luxton and Wiles.
Also Present: Ms A Powell (Manager, Windlesora), Mr J Furmage (Director, Bar Verve), Mr C Hobbs (Director, Bar Verve) and Mr A Mackey (Manager, Bar Verve).
Officers: Alan Barwise, Wendi Batteson, Michael Kiely and Philip Turner.
PART I
RESOLVED: That Councillor Grey be elected as Chairman for the duration of the meeting.
ELECTION OF CHAIRMAN
APOLOGIES FOR ABSENCE
There were no apologies for absence.
DECLARATIONS OF INTEREST
There were no declarations of interest.
CONSIDERATION OF APPLICATION UNDER THE GAMBLING ACT 2005 – APPLICATION TO VARY A licensed PREMISES GAMING machine permit (LP 22/10)
The Chairman welcomed all the parties to the meeting, introduced the Sub-Committee Members and explained the procedure, which all indicated they understood.
Licensing Team Leader
The Council’s Licensing Team Leader introduced the application for Members to consider. He explained that the application was to vary a Licensed Premises Gaming Machine Permit, under the Gambling Act 2005, at Windlesora, 11 William Street, Windsor.
The Licensing Team Leader went onto explain that Members’ policy was to delegate authority to Officers to issue permits for up to four machines. For more than this, applications were referred to the Sub-Committee.
No objections to the application had been received, and the licensing team had experienced no problems with the premises. The Licensing Team Leader informed the Sub-Committee that if they were happy the four Licensing Objectives would not be undermined, then there was no reason to refuse the application.
Questions to the Licensing Team Leader
In answer to a question, the Licensing Team Leader confirmed that the permit would be an “open” one with no expiry date. If problems did arise, then the permit could be the subject of a review procedure, which could be commenced by the Police, or the premises could be referred to the Gambling Commission.
The Licensing Team Leader was asked if he was satisfied with the proposed location of the additional machine. He confirmed that it was an open plan premises with good lines of sight, and that he was satisfied with the proposed location.
Applicant’s case
Ms Powell, the manager of the Windlesora, explained that the application was for a sixth machine in an open plan public house. There was good visibility in the premises and there had been no issues with their current gaming machines. She explained that Wetherspoons operated a strict Challenge 21 Policy and that all new staff were trained in this in their induction training, prior to undertaking any work on the premises. She referred members to an extract of their national policy, which had been reproduced in the agenda papers. She reiterated the need for customers who looked under 21 to show their national passport, Photographic Drivers’ Licence, a UK ‘PASS’ accredited age identification card with photo, or a military identification card.
- Ø There was always a manager on duty and floor staff were also active during opening hours.
Ø In addition to the Manager, there were appointed duty managers.
Ø Capacity of the premises was 446. Weekend custom could reach up to 400. Breakfast custom could range between 50 and 100 customers.
Ø Customers under the age of 18 were permitted in the premises. They had to be accompanied by their parent or guardian, had to eat a meal and had to have left the premises by 9pm. On Thursday, Friday and Saturday evenings door supervisors were employed, who could assist staff in the enforcement of this policy.
Licensing Team Leader’s Summary
The Licensing Team Leader confirmed that he had nothing to add.
Decision
The Sub-Committee after careful consideration agreed to vary the Licensed Premises Gaming Machine Permit, to allow the use of six Category C gaming machines.
The Sub-Committee accepted the pub had an open flooring area so the gaming machines could be well seen from the bar area and that there was no evidence of any issues arising with or from the premises in terms of gambling. They accepted that there would always be a duty manager and floor staff operating to supervise the use of the gaming machines, as well as general clientele. The Panel accepted there had been no objections made in respect of this application to vary the number of gaming machines, and for these reasons agreed to the variation.
In making their decision, the Sub-Committee also had regard to national guidance and the Council’s own Licensing Policy.
- Resolved: That the Licensed Premises Gaming Machine Permit be varied to allow the use of six Category C gaming machines.
CONSIDERATION OF APPLICATION to vary a premises licence under the LICENSING ACT 2003 (LP 23/10)
The Chairman welcomed all the parties to the meeting, introduced the Sub-Committee Members and explained the procedure, which all indicated they understood.
Licensing Team Leader
The Council’s Licensing Team Leader introduced the application for Members to consider. He explained that the application was to vary a Premises Licence for Verve Bar, 64 Peascod Street, Windsor, SL4 1DE, under the Licensing Act 2003.
He explained that the current licence was for:
- Ø Supply of alcohol – on the premises only 10:00-midnight Monday to Friday and noon-23:30 Sunday.
The Licensing Team Leader went onto explain that the application requested was to vary the existing licence for:
- Ø Live music – 19:00-23:00 each day. No more than three acoustic performers; doors closed during performance; only two performances per week.
Ø Facilities for making music – 19:00-23:00 each day.
Ø Recorded music, performance of dance, facilities for dancing and anything of a similar description – 19:00-23:00 Sunday to Wednesday; 19:00-midnight Thursday to Saturday, plus days before bank Holidays, Ascot Week, Cartier Polo Week and all major sporting events until 01:00.
Ø Late night refreshment – 23:00 -01:00 Thursday, Friday and Saturday.
Ø Supply of alcohol on and off the premises 11:00-midnight Monday to Thursday, 11:00-01:00 Friday and Saturday, 11:00-23:30 Sunday, plus days before bank Holidays, Ascot Week, Cartier Polo Week and all major sporting events until 01:00.
The Licensing Team Leader explained that no objections had been received from the responsible authorities, but a representation had been received from the Environmental Protection team. It was confirmed that the Environmental protection team had requested several conditions if the application was permitted, and that the Environmental Protection Team Leader was present at the meeting to receive any questions.
Representations had been received from two ward Councillors, Councillors Mrs Bursnall and Mrs Evans, on the basis that it would place further demands on the police and the close proximity of the premises to residential flats.
The Licensing Team Leader drew attention to the Council’s “vicinity” policy, and highlighted the fact that no objections had been received from local residents.
Applicants’ case
Mr Furmage, a director of Verve Bar Ltd, explained that the licence application had been submitted in consultation with the Borough’s Licensing Team. The bar had been operational since October 2010 and it had been noted that customers tended to leave in one large group when the bar closed at midnight. It was hoped that an extension to the closing time would enable customers to leave in small groups.
He highlighted the fact that no local residents had objected to the application.
It was explained that SIA door staff were employed, and that CCTV and participation in the community radio scheme would be looked into.
Mr Furmage considered that Councillor Mrs Bursnall’s points about policing were not valid as there were other licensed premises in close proximity to them which operated until 01:00. He explained that the business met with the police every week for the weekly licensing check and considered that a good working relationship had been established.
He concluded by stating that being open until 01:00 would enable them to trade on a level playing field with similar premises in the area.
Mr Hobbs, a director of Verve Bar Ltd, explained that he had obtained from the licensing team a list of premises in Windsor, all of which opened until 01:00 or later. Two of these premises were within fifty yards of Verve Bar.
He went on to explain that provision of live music was not really an intention of the business, but that they had been advised to apply for anything they might require in a single licence application.
Mr Mackey, the bar manager, explained that it was a well run premises in which customers were well behaved, and no incidents had been reported in the six months that they had been trading.
- Ø Mr Hobbs confirmed that there would be no new admissions after midnight, and that after midnight the music would revert to background music only. He explained that when leaving the premises most customers would be moving to other bars or clubs. The additional hour would allow customers to filter out in smaller groups. He explained that the atmosphere of the bar was such that if people could hear the music outside of the premises then it was probably too loud for customers. He also confirmed that the application for live music would be for the odd occasions
Ø Mr Hobbs explained that there would be little relevance in Verve Bar participating in the taxi marshalling scheme.
Ø A Councillor asked about the offer of CCTV and community radio. The Licensing Team Leader explained that these had been offered by the applicants, and recommended that they be included as conditions, should the Panel choose to grant permission.
Ø There was general discussion about heating and ventilation.
Ø There was general discussion about the experience of the bar manager. It was further explained that there were always two managers on site and SIA registered door staff were also employed.
Ø A Councillor asked about the prevention of noise ‘breakout’. The Environmental Protection Team Leader explained that the nature of the construction of the building was considered reasonable for this type of premises and that the main concerns were ventilation, doors and windows. The conditions suggested for inclusion by the Environmental Protection Officer would address those concerns. Any future installation of air conditioning and ventilation would be required to meet set standards. Amplified sound could be regulated by the installation of a noise limiter, but the Environmental Protection Team Leader did not consider this an appropriate step to take. He added that the Environmental Protection Team would be more than happy to provide further advice directly to the applicants.
Ø Mr Hobbs confirmed that a planning application for the premises had been submitted.
Ø The applicants withdrew from their application any reference to “all major sporting events” as it was not specific. They understood that arrangements were in place to allow them to apply for temporary events licences.
Applicant’s Summary
Licensing Team Leader’s Summary
The Licensing Team Leader advised the panel that if they were minded to permit the application then the inclusion of the conditions suggested by the Environmental Protection Officer and those issues described by the applicant in Part P of their application (steps they would take to promote the four licensing objectives), should be considered.
Decision
The Sub-Committee after careful consideration agreed to vary the licence in accordance with your written application but with all references to ‘major sporting events’ deleted, in accordance with your verbal offer to the Sub-Committee, and with the inclusion of all steps you intend to take to promote the four licensing objectives (as detailed in Part P of your application form, and included below as part of the Sub-Committee’s conditions of variation), and with the conditions requested by the Environmental Protection Officer (email dated 10th March 2011). The Sub committee accepted that there had been no complaints received in respect of these premises and no objections had been made by the responsible authorities to the application. The concern expressed in representations from ward Councillors about noise affecting residential amenity could be overcome by conditions and the suggestion that the lengthened terminal hour would have police resourcing issues was not founded in any of the evidence put forward so was not accepted by the Panel.
The Panel agreed to the variation subject to the following conditions:
- 1. No entry after midnight on Friday and Saturday.
2. Recorded music will return to background music from midnight on Friday and Saturday.
3. Installation of Digital CCTV monitoring system to be installed and maintained to Thames Valley Police standard. Recordings to be kept securely for 31 days and made available to Police on request.
4. Participation in the Community Radio scheme.
5. SIA door staff on duty Friday and Saturday and during special events.
6. No glasses or bottles outside after 23:00.
7. During live music performances windows and doors to remain closed (except for entrance and egress).
8. Ensure customers leave premises quickly and quietly by the use of verbal requests from staff and additional signage.
9. Photographic passport or driving licence to be provided, where any customer attempting to purchase alcohol appears to be under the age of 21.
10. Noise arising from any amplified or live music, vocalisation, live or recorded event transmission, film or video display, gaming machine or any other source shall be inaudible at any residential site boundary.
11. No live or recorded music shall be played outside the premises, at any time.
12. All windows and doors must remain closed during any regulated entertainment after 21:00.
13. Speakers should not be placed outside the premises, at any time.
- Resolved: That:
a) the premises licence be varied for:
- Ø Live music – 19:00-23:00 each day. No more than three acoustic performers; doors closed during performance; only two performances per week.
Ø Facilities for making music – 19:00-23:00 each day.
Ø Recorded music, performance of dance, facilities for dancing and anything of a similar description – 19:00-23:00 Sunday to Wednesday; 19:00-Midnight Thursday to Saturday, plus days before bank Holidays, Ascot Week and Cartier Polo Week.
Ø Late night refreshment – 23:00-01:00 Thursday, Friday and Saturday.
Ø Supply of alcohol on and off the premises 11:00-midnight Monday to Thursday, 11:00-01:00 Friday and Saturday, 11:00-23:30 Sunday, plus days before bank Holidays, Ascot Week and Cartier Polo Week.
- b) the following conditions be applied:
- 1. No entry after midnight on Friday and Saturday.
2. Recorded music will return to background music from midnight on Friday and Saturday.
3. Installation of Digital CCTV monitoring system to be installed and maintained to Thames Valley Police standard. Recordings to be kept securely for 31 days and made available to Police on request.
4. Participation in the Community Radio scheme.
5. SIA door staff on duty Friday and Saturday and during special events.
6. No glasses or bottles outside after 23:00.
7. During live music performances windows and doors to remain closed (except for entrance and egress).
8. Ensure customers leave premises quickly and quietly by the use of verbal requests from staff and additional signage.
9. Photographic passport or driving licence to be provided, where any customer attempting to purchase alcohol appears to be under the age of 21.
10. Noise arising from any amplified or live music, vocalisation, live or recorded event transmission, film or video display, gaming machine or any other source shall be inaudible at any residential site boundary.
11. No live or recorded music shall be played outside the premises, at any time.
12. All windows and doors must remain closed during any regulated entertainment after 21:00.
13. Speakers should not be placed outside the premises, at any time.
MEETING
The meeting which began at 10.00am, ended at 12 noon.
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