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					STAFFORDSHIRE MOORLANDS DISTRICT COUNCIL

Licensing Sub-Committee Minutes Friday, 2nd February 2007 (11.10a.m.)
PRESENT: Councillors B. Cowie (Chair) Mrs. B. Hughes Rev. B. Whittaker

OFFICERS:

Mrs. R. Duffin - Licensing Manager Mrs. G. Sherratt - Solicitor Mrs. J. Holdstock - Licensing Assistant None

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APOLOGIES

DECLARATIONS OF INTEREST There were no declarations of interest.

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APPLICATION TO VARY PREMISES LICENCE IN RESPECT OF THE BIRD IN HAND, 117 TAPE STREET, CHEADLE IN ATTENDANCE: Mrs. J. Vickers Mr. D. Vickers Mr. J. Coen Mr. K. Clarke Mr. I. Stewart Councillor P. Elkin Applicant Applicant’s Husband Solicitor Brewery Representative Environmental Health Officer Objector

The Sub-Committee had received a report on an application for a premises licence as follows: Recommendation That Members determine the variation application for a premises licence for the Bird in Hand, 117 Tape Street, Cheadle, Staffordshire Moorlands

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Executive Summary An application had been received from Punch Taverns Plc., for the following: Variation Application The application was for a variation for the following hours and activities the following was proposed: 10:00 – 00:00 Sunday to Thursday 10:00 – 01:00 Friday and Saturday     A further additional hour into the morning following every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend. A further additional hour into the morning following every Thursday, Friday, Saturday, Sunday and Monday for the Easter Bank Holiday weekend. A further additional hour every Christmas Eve A further additional hour every Boxing Day

All of the above to be for the sale of alcohol and recorded music. To provide live music and karaoke, to cease no later than 00:00 any night. The Operating Schedule shows: Relevant Licensable activities:      Live music Recorded music Entertainment of a similar description to that falling within making music or dancing Supply of alcohol Hours premises were open to the public

Hours of Licensable Activities:  Live Music - Indoors Monday to Sunday 10:00 – 00:00 Amplified and non-amplified music live music performed by no more than 2 entertainers. Doors to be closed to public at 23:00 every evening. Recorded Music – Indoors Monday to Thursday 10:00 – 00:00 Friday and Saturday 10:00 – 01:00 Sunday 10:00 – 24:00



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To match sale of alcohol. Amplified recorded music ancillary to sale of alcohol. Doors to be closed at 23:00 every evening.  Provision of facilities for entertainment of a similar description to that falling within making music or dancing – Indoors Monday to Sunday 10:00 – 00:00 Karaoke. Doors to be closed at 23:00 every evening. Supply of alcohol – On and Off the Premises Monday to Thursday 10:00 – 00:00 Friday and Saturday 10:00 01:00 Sunday 10:00 – 00:00



Other Times Proposed To Be Open:    Monday to Thursday 10:00 – 00:30 Friday and Saturday 10:00 – 01:30 Sunday 10:00 – 00:30

Designated Premises Supervisor Judith Vickers Non Standard Timings for the performance of Live Music, Recorded Music and Provision of Facilities for Entertainment of a similar description to that falling within music or dancing A further additional hour into the morning following every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend.    A further additional hour into the morning following every Thursday, Friday and Saturday, Sunday and Monday for the Easter Bank Holiday weekend. A further additional hour every Christmas Eve A further additional hour every Boxing Day

Any Adult Entertainment or Services, Activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children. No striptease/nudity or adult entertainment allowed 1 x cigarette machine 1 x AWP machine 1 x SWP/Quiz machine

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No unaccompanied children allowed. 20:00.

All children to be off the premises by

Conditions currently imposed on the licence which could be removed as a consequence of the proposed variation sought Children presently allowed on the premises until 21:00, to be changed to they must vacate the premises by 20:00 every evening. Steps To Promote Licensing Objectives (Conditions included within the Operating Schedule) Prevention of Crime and Disorder     Light fittings to be maintained over front and side entrances. All entrances to public rooms clearly visible from bar servery. Toilet facilities checked at regular intervals during all opening hours. Most customers from local community.

Public Safety  Emergency lighting and exit signs installed and to be maintained.

Prevention of Public Nuisance    Doors closed to public at 23:00 every evening. Entertainment and karaoke to stop at 00:00 every evening. Lockable, double glazed windows fitted in lounge, entertainment/karaoke to be performed.

where

The Protection of Children from Harm    Children only allowed under adult supervision and to vacate premises by 20:00. AWP machines clearly visible from bar and children not allowed to play. No striptease and nudity allowed.

General – All four licensing objectives  In order to further the licensing objectives the licensee reserved the right to move the fire appliances, AWP machines, cigarette machines and or any other similar object temporarily in a fixed location which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.

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Applicant’s Representations Mr. Coen for the Applicant asked if a petition on behalf of the Applicant could be submitted to the Committee. He confirmed that the wording of the petition was on every page, except the last which contained two signatures. Councillor Elkin refused to allow the petition to go forward and Mr. Coen’s request was refused. Mr. Coen outlined the present hours and the relevant conditions attached to the licence. Additional hours had been requested for the supply of alcohol, recorded music and live music. The Applicant had only requested live music until midnight. He advised that the Applicant had made an offer to limit live music and karaoke to the lounge area only as the windows in this area were double glazed, The present DPS had taken over the premises in September 2006 and had signed a five year lease. Mr. Coen accepted that parking in the area was a problem and the premises had no car park. However, this was not relevant in this instance and anyone could park on a public road. The premises attracted more mature people and the entertainment would be in keeping. Since Mrs. Vickers had taken over the premises licence there had been six TENs around Christmas time, all extending the hours beyond those on the present licence and all including music of some kind. There had been no complaints. The premises were in a predominantly residential area, but Mr. Coen noted that many close neighbours had not made representations. He submitted that several of the objections raised were irrelevant as they referred to parking difficulties. He accepted that there had been problems with the previous licensee, but stressed that since Mr. Vickers had taken over in September 2006 the premises had been well run and there had been no complaints made to any relevant authority. Mr. Clarke supported what Mr. Coen had said. The brewery were mindful of the previous problems, but he stressed that there were no difficulties at the premises now. Mrs. Vickers said she intended to run the premises in a proper manner. It was a community pub and she wanted the neighbours to be happy.

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Replies to Members’ Questions When asked whether any of the conditions shown at Appendix 10 had been fulfilled, Mr. Coen said that he was not aware that they formed part of the present licence and they were therefore irrelevant. Food was served occasionally, e.g. after a funeral. There was a cigarette machine in the premises. Once the smoking ban came into force, it was proposed that a porch be built over the steps at the side of the premises to accommodate people wanting to smoke, subject to planning permission being granted. There was no intention to allow dancing in the premises. Karaoke would take place on Fridays and Saturdays. Objectors’ Representations Mr. Stewart stated that he had received no complaints relating to noise since Mrs. Vickers had taken over. The lay out of the premises caused problems in that it was attached to terraced properties and there was a central bar which was open to all rooms. The offer to restrict live music to the lounge area would provide little attenuation of the sound unless double glazing was installed in each the downstairs rooms. The ground floor was effectively one big room. Although near neighbours had not made complaint at present, this may change in the future, as historically there had been problems. Replies to Members’ Questions There was no requirement for an up to date electrical certificate to be produced. Replies to Queries Raised by Mr. Coen of Mr. Stewart with the Consent of the Committee Mr. Stewart had put forward his recommendations in view of the past history and problems which might arise in future. Mr. Stewart agreed to the suggestion that door and windows be kept closed during regulated entertainment, but was dubious about the suggestion that they be kept closed only after 22.00 hours. He did not agree that his request for a noise limiter was exceptional. Objectors’ Representations Councillor Elkin was the Ward Councillor and had received representations from his constituents. Their main concerns were the level of noise from the premises

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causing sleep disturbance, the adverse effect the pub could have on the value of neighbouring properties and the fact that the premises did not have a car park. On street parking caused many problems with complaints of access to driveways and garages being blocked. Additional work required by an earlier licence had never been carried out and regulated entertainment had taken place without a licence. Whilst some disturbance could be expected from any pub, this one seemed to have more problems and Councillor Elkin asked that the application be refused. Replies to Members’ Questions It could not be proved that the parking problems were caused by patrons of the Bird in Hand. Councillor Elkin believed that all representations made related to recent incidents. Objectors’ Closing Representations Mr. Stewart said that it would be remiss of him not to recognise that there had been no complaints since Mrs. Vickers had taken over the premises. It would also be remiss of him not to recognise that the situation of the premises could cause problems. He believed that the recommendations made were reasonable. Councillor Elkin cited the past history of the premises but said that all the objections he had raised were recent. He gave the grave concerns raised by his constituents and again asked that the application be refused. Applicants’ Closing Representations Mr. Coen stated that the objections raised related to the application itself, not to the way the pub was run at the moment. He did not believe that the representations received were up to date. The parking issue could be discounted and he did not accept that the problems were caused by the patrons of the Bird in Hand. He accepted that the Environmental Health Department had concerns. The Applicant offered to keep windows and doors closed after 22.00 hours during regulated entertainment, to install double glazing to the downstairs windows, save for the kitchen window, to install acoustic hoods to the ventilation fans and to conduct outdoor monitoring of noise during regulated entertainment. The installation of a noise limiter was considered to be unnecessary.

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The Sub-Committee adjourned at 11.53a.m. to consider their decision. Upon reconvening at 12.30p.m. the Chair announced the following decision:RESOLVED: To grant the licence as applied for with the following additional conditions: a. b. c. d. All doors and windows to remain closed during live music. All ground floor windows and doors to be double glazed except for those in the kitchen area. Ventilation fan outlets to be fitted with acoustic covers. During any event when live music was being played, the licence holder to make regular checks from outside the premises that noise levels are acceptable.

The reason for these conditions were to prevent public nuisance, in this case the reduction of noise outbreak. The Chair stated that it was open to residents, if there were any future problems relating to the public house, to ask for a review.

SUMMARY OF EXEMPT ITEM APPLICATION FOR A PERSONAL LICENCE The Sub-Committee considered an application for a Personal Licence. Committee refused the application. The

The meeting closed at 1.20p.m.

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