staffordshire moorlands district council

					     STAFFORDSHIRE MOORLANDS DISTRICT COUNCIL

                        Licensing Sub-Committee

                                      Minutes

                       Friday, 5th September 2008
                               (10.00a.m.)

     PRESENT:          Councillors    Mrs. J. Bull, F. Harris and Mrs. B.A. Hughes



     OFFICERS:         Mrs. R. Duffin - Licensing Manager
                       Mrs. G. Sherratt - Solicitor
                       Mrs. J. Holdstock - Licensing Assistant


1.   APOLOGIES         None

2.   URGENT ITEMS OF BUSINESS          None

3.   DECLARATIONS OF INTEREST           None

4.   APPLICATION TO VARY THE PREMISES LICENCE IN RESPECT OF THE
     QUIET WOMAN, ST. EDWARD STREET, LEEK

     IN ATTENDANCE: Mr. A. Ward              -      Designated Premises Supervisor
                    Mr. K. Connor            -      Pub Company Representative
                    Mr. D. Morgan            -      Objector
                    Mrs. Morgan              -      Objector

     Recommendation

     That Members determine the variation application to a premises licence for the
     Quiet Woman, St. Edwards Street, Leek, Staffordshire Moorlands.

     Executive Summary

     An application had been received from Here For You Hospitality Limited T/A Yard
     Glass Pub Company for the following:




                                            1
Variation Application

The variation was to extend the opening hours of the premises and the hours for
selling alcohol, with provisions for live music, recorded music and dancing.

The Operating Schedule shows:

Relevant Licensable activities:

   Live music
   Recorded music
   Provision of entertainment facilities for dancing
   Late Night Refreshment
   Supply of alcohol
   Hours premises were open to the public

Hours of Licensable Activities:

   Live music – Indoors and Outdoors
    Monday to Wednesday 11:00 – 00:00
    Thursday - 11:00 – 01:00
    Friday and Saturday 11:00 – 02:00
    Sunday - 11:00 – 00:00
    Themed evenings or events, e.g. Jazz nights, likely to be on weekends,
    possibly in the week i.e. Christmas Eve, New Years Eve

   Recorded Music – Indoors
    Monday to Wednesday 09:00 – 00:00
    Thursday 09:00 – 01:00
    Friday and Saturday 09:00 – 02:00
    Sunday - 09:00 – 00:00
    Background music will always be played, themed nights, quizzes and
    karaoke

   Provision of facilities for dancing – Indoors
    Monday to Wednesday 11:00 – 00:00
    Thursday 11:00 – 01:00
    Friday and Saturday 11:00 – 02:00
    Sunday -11:00 – 00:00

   Late night refreshment - Indoors
     Monday to Wednesday 23:00 – 00:00
     Thursday – 23:00 – 01:00
     Friday and Saturday 23:00 – 02:00
     Sunday – 23:00 – 00:00



                                          2
   Supply of alcohol
    Monday to Wednesday 11:00 – 00:00
    Thursday – 11:00 – 01:00
    Friday and Saturday 11:00 – 02:00
    Sunday – 11:00 – 00:00

Other Times Proposed To Be Open:

    Monday to Wednesday 09:00 – 00:30
    Thursday – 09:00 – 01:30
    Friday and Saturday 09:00 – 02:30
    Sunday 09:00 – 00:30

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

Ladies nights, over 18’s only, in private area with windows and doors covered
and blacked out.

Seasonal Variations for Live music, Recorded music, Late Night Refreshment,
Supply of alcohol and Hours premises were open to the public

Christmas Eve, Christmas Day, Boxing Day 02:00 hrs
Sunday preceding Bank Holiday 02:00 hrs
Thursday before Easter 02:00 hrs
New Years Eve 04:00 hrs
Friday and Saturday over Bank Holidays 03:00
Good Friday 02:00 hrs

In addition to the hours premises were open to the public there was an option to
open for breakfast

Conditions currently imposed on the premises licence which it was believed
could be removed as a consequence of the proposed variation sought

None

Designated Premises Supervisor

Alistair B Ward

Steps To Promote Licensing Objectives

Conditions included within the Operating Schedule



                                        3
Prevention of Crime and Disorder

   Drugs policy on display
   Good lighting throughout the building both interior and exterior
   Age restriction by driving licence, passport or picture identification showing
    age
   No drinks to be taken from the premises opened

Public Safety

   Emergency lighting throughout and certified escape routes clearly marked
   Accident book on site
   First Aid Kit available

The Prevention of Public Nuisance

   Music to be kept at a reasonable level
   Grounds to be kept tidy
   Doors to be kept closed
   Notice for patrons to leave the premises quietly

The Protection of Children from Harm

   No access to adult entertainment
   Hours to limit children under 14 until 19:00 hrs
   Children to be accompanied at all times when eating with a time limit of 22:00
    hrs
   No children permitted at the bar or serving area

General – All four licensing objectives

   Staff training on all licensing issues for all staff
   Staff Log Book kept on site for all training requirements


Applicant’s Representations

Mr. Connor stated that Here For You Hospitality Limited owned 11 pubs and
clubs and 3 hotels and had a good reputation for working with local communities
and responsible authorities. Staff were well trained and were conscious of the
licensing objectives. The Quiet Woman was a solid business and there was no
intention of making any major changes. At the moment the licence allowed
licensable activities until midnight every night, but there had been many requests
from customers for longer hours. Following discussions with the police it had



                                          4
been agreed to alter the hours applied for as detailed in the report. There would
be a strict no admittance policy after midnight. If someone left the premises to
smoke, they would not be re-admitted under any circumstances. Staff would
personally escort patrons from the premises and ensure that they dispersed
quietly. The premises attracted a sophisticated clientele between the ages of 25
and 55.

Mr. Ward had taken over the Quiet Woman in April 2007, having been in the pub
trade in Leek for the past 20 years. The premises did not attract very young
people. He considered that midnight was too early to close the premises and
that longer hours would be an advantage in the present economic climate. He
reiterated that there would be a no admittance policy after midnight.

Replies to Members’ Questions

Both Mr. Ward and Mr. Connor understood that all licensable activities had to
cease at the same time that the premises actually closed if the conditions
suggested by the Police were accepted.

People went outside the premises at the front to smoke, but could not drink
outside.

There would be no live music outdoors. This was an error in the application.

At midnight the doors would be closed and staff would monitor people leaving the
premises.

Objectors’ Representations

Mr. Morgan stated that he was aware that many local residents had concerns
relating to this application. He agreed that the Quiet Woman was a well run pub,
but the staff could not control patrons once they were outside the premises. The
local area was blighted by noise nuisance from local premises and it was often
impossible to get to sleep until 4a.m. Noise nuisance from local premises was
caused when doors were opened and by people making a noise when they left.

Mrs. Morgan stated that they had to endure disturbance from live music every
night of the week. Crowds of people, sometimes 20-30, stood outside her
property smoking and drinking, waiting for taxis, talking, arguing or fighting. She
and her husband had gone outside on a number of occasions when people had
been noisy and sitting on their window ledges and asked them to move. She
found the situation quite frightening and she had been the victim of verbal abuse.
If someone left the Quiet Woman after midnight to smoke and were then refused
entry by into the premises, they would not be very happy and may well cause a
disturbance outside the premises. The Unicorn caused many problems and
longer hours at the Quiet Woman would make it worse.



                                        5
Replies to Members’ Questions

Live music at the Quite Woman occurred on a Thursday.

Smokers congregating outside the premises aggravated the situation.

The Quite Woman and Unicorn are next door to each other.           Mr. and Mrs.
Morgan lived in a terraced property near to the Quiet Woman.

No regular complaints had been made to the police because of the length of time
it took them to attend an incident. They were called to an incident when Mrs.
Morgan was assaulted by someone when she asked them to move away from
her property. Councillor Harris encouraged Mr. and Mrs. Morgan to call the
police when necessary as the calls would be logged and the area designated as
a crime and disorder “hot spot”.

Objectors’ Closing Representations

The objectors had nothing to add to their representations.

Applicants’ Closing Representations

Mr. Connor stated that the policy of not serving intoxicated people was strictly
enforced. He believed that the Quiet Woman and the Unicorn were being “tied
together”. However, the majority of problems were caused by the Unicorn. The
licensing objectives had been analysed and the management of the Quiet
Woman would do all they could to adhere to them.

Mr. Ward stated that he appreciated that there were problems concerning public
nuisance outside licensed premise. Live music took place on Thursdays.
Additional times might be used during the holiday season.


The Sub-Committee adjourned at 10.22a.m. to consider their decision. Upon
reconvening at 11.03a.m. the Chair announced the following decision:-

RESOLVED -        That the application to vary the Premises Licence for the Quiet
                  Woman, St. Edward Street, Leek be APPROVED but varied to
                  comply with the timings and conditions agreed by the
                  Applicant with the Police (see point 2.15 in the report). This
                  was for the prevention of crime and disorder and public
                  nuisance.

                  The reference to karaoke in the application was not to be
                  included in the licence because this should have been applied



                                        6
                 for as provision of facilities for music, rather than as recorded
                 music.

                 The reference to live music had been removed as the
                 applicant had agreed that this was not intended.

The meeting closed at 11.06a.m




                                       7
ules required that only the minimum amount to fund the development should be generated and that no new projects should be funded from proceeds. A list of concerns outlined by Mr. Green in relation to the financial arrangements and legal advice that Members must be satisfied on the justification for and financial case in support of enabling development prior to determining the application.

2. 3.

4.

RESOLVED - That determination of the application be DEFERRED to enable further financial information to be requested and submitted to support the case for enabling development, as now outlined by the Head of Development Control. (Proposed by Councillor Worthington and seconded by Councillor Chauveau.) 21. 07/00427/FUL - INSTALLATION OF FLOODLIGHTING TO COURTS 1 AND 2 AND REPOSITIONING OF CHAIN LINK FENCE AT ENDON TENNIS CLUB, STATION ROAD, ENDON FOR ENDON TENNIS CLUB (Report recommended Refusal) RECEIVED - Representations from the undermentioned speakers:Against the Application:Mr. Lee Mr. Chambers Miss Jackson

-

Objector Objector Objector representing residents in Railway Court

For the Application:Miss Cooke Mrs. Burton

-

Membership Secretary Chair of Endon Tennis Club

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Planning Applications Committee - 21st June 2007

21.

07/00427/FUL - INSTALLATION OF FLOODLIGHTING TO COURTS 1 AND 2 AND REPOSITIONING OF CHAIN LINK FENCE AT ENDON TENNIS CLUB, STATION ROAD, ENDON FOR ENDON TENNIS CLUB (CONTINUED) NOTED 1. 2. Late Representation Report in respect of this application.

(21)

Updated history in relation to Endon Tennis Club applications circulated at the meeting. Confirmation that the 60 evenings requested related to MayAugust inclusive and that lights would be used to 10.05 p.m. on these occasions. The second reason to refuse relating to bats was withdrawn by the Officers following the submission of a satisfactory bat survey. Confirmation that, in the past, the Club had sold land for the development of residential properties on Railway Court. Legal advice that weight should be given to the Inspector's decisions with regard to the three previous appeals. Confirmation that the conifers would be removed so the fence perimeter could be relocated to allow access for a maintenance vehicle.

3.

4.

5.

6.

7.

It was PROPOSED by Councillor Worthington and SECONDED by Councillor Bowen that the application be APPROVED. Upon being put to the vote, the motion was declared LOST. RESOLVED - That the application be REFUSED for the reasons and policies stated in reason 1 in the report. (Proposed by Councillor Chauveau and seconded by Councillor Edwards.) 22. 07/00474/FUL - TWO FARM WORKERS DWELLINGS AT RED EARTH FARM, MACCLESFIELD ROAD, RUDYARD FOR MR. AND MRS. HEATH (Report recommended Refusal) (All Conservative Members present had declared personal interests.) This application had been referred to Committee as the applicants were Councillor Mrs. Heath and her son, Mr. S. Heath.

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Planning Applications Committee - 21st June 2007

22.

07/00474/FUL - TWO FARM WORKERS DWELLINGS AT RED EARTH FARM, MACCLESFIELD ROAD, RUDYARD FOR MR. AND MRS. HEATH (CONTINUED) RECEIVED - Representations from the undermentioned speakers:For the Application:Mr. Watkins Mr. S. Heath NOTED 1. 2. Supporter Applicant

(22)

Late Representation Report in respect of this application. The applicant stated that he was willing to consider one dwelling, rather than two, and also consider the possible reuse of the barn. Clarification that there were 350 cows at Red Earth Farm and 150 at Fould Farm.

3.

RESOLVED - That the application be REFUSED for the reasons and based on the policies stated in the report. (Proposed by Councillor Ellis and seconded by Councillor Fisher.) 23. 07/00571/FUL - ERECTION OF 2 MILK SILOS AND CONSTRUCTION OF A PLANT ROOM FOR DIARY FARMERS OF BRITAIN LIMITED (Report recommended Approval) (Councillors Bull and Ellis had made declarations in relation to lobbying.) This application Ferneyhough. had been referred to Committee by Councillor

RECEIVED - Representations from the undermentioned speakers:Against the Application:Cllr. Ferneyhough Mrs. Flunder Miss Hayward Mr. Flunder NOTED Ward Councillor Objector Objector Objector

Late Representation Report in respect of this application.

RESOLVED - That the application be DEFERRED for further information on issues relating to siting and size of the silos, parking, vehicle movements, tanker loading and the need for separate silos for Tesco. (Proposed by Councillor Ellis and seconded by Councillor Richardson.) - 9 -

Planning Applications Committee - 21st June 2007

24. 07/00641/FUL - REPLACEMENT DWELLING AT SUNNYMOUNT, RENWICK LANE, WINNOTHDALE, CHEADLE, STAFFORDSHIRE FOR MR AND MRS S. MATTHEWS (Report recommended Refusal)

(24)

(All Conservative Members present had made personal declarations and Councillor Ellis had made a declaration in relation to lobbying.) This application had been referred to Committee by Councillor Alcock. RECEIVED - Representations for the undermentioned speakers:For the Application:Mr. Matthews Mr. Sutcliffe Mr. Darker Mr. Sutcliffe NOTED 1. 2. Applicant Speaking on behalf of Councillors Alcock and Maryon Architect Applicant's Agent

Late Representation Report in respect of this application. Clarification that the discrepancy between the 85% increase in size stated by the Officers and the 32% increase claimed by the Architect was due to the fact that the Officers did not view the outbuilding nor greenhouse as part of the original dwelling for calculation purposes.

It was PROPOSED by Councillor Ellis and SECONDED by Councillor Edwards that the application be DEFERRED for further negotiations. Upon being put to the vote, the motion was declared LOST. RESOLVED - That the application be REFUSED for the reasons and based on the policies stated in the report. (Proposed by Councillor Richardson and seconded by Councillor Fisher.) 25. 07/00660/FUL - EXTENSIONS AND ALTERATIONS TO EXISTING BARNS AT HEATON HOUSE FARM, MEERBROOK ROAD, RUSHTON SPENCER FOR MR. M. HEATH (Report recommended Approval) (All Conservative Members present had made personal declarations ) This application had been referred to Committee as the applicant was a relative of Councillor Mrs. Heath. RESOLVED - That the application be APPROVED for the reasons and based on the policies stated in informative 1 contained in the report, subject to the conditions and informative 2 stated in the report. (Proposed by Councillor Worthington and seconded by Councillor Ellis.) - 10 -

Planning Applications Committee - 21st June 2007

26. 07/00110/FUL-MJ - CONVERSION OF SECOND AND THIRD FLOOR COMPRISING 26 BEDROOMS AND COMMUNAL FACILITIES FOR ALTON TOWERS STAFF AT ALEXANDRA MILL, LEEK FOR THE AMOS GROUP

(26)

This application had been approved by Committee on 15th March 2007 (Minute 151) subject to a legal agreement to restrict the occupation to staff employed by Alton Towers, which was currently being drafted. It was reported that it was not legally possible to restrict occupation to persons 'solely' employed at Alton Towers as this would be unreasonable and unduly onerous on relatively low skilled labour in terms of human rights and employment legislation, as such staff may wish to seek additional employment elsewhere. Based on discussions with representatives from Alton Towers, staff would be expected to work for at least 70 per cent of their average working week at Alton Towers but 30 per cent could then be spent in additional alternative employment. It was recommended, therefore, that the legal obligation be accepted on this basis and that the phrase 'wholly or principally' be used in the legal document with a provision for the Council to seek written evidence of compliance with the undertaking. RESOLVED - That the report be noted and the recommendation be approved.

27.

DEVELOPMENT CONTROL PERFORMANCE CONSIDERED - A report by the Head of Development Control giving the performance figures for May 2007, which showed that targets were being met for all categories except minor applications and appeals. The rate of letter replies was 67% within the 10-day deadline and telephone calls answered was 85% against a corporate target of 97%. Further work was to be done on these areas to achieve the desired level of customer service. RESOLVED - That the report be noted.

28.

APPEALS UPDATE RECEIVED - Report on the outcome of the following appeals, together with details of the two appeals lodged during May. It was also reported that the local occupancy condition had become an issue for future consideration due to Inspectors' comments at several appeals. The Head of Regeneration Services was preparing a report for submission to a future meeting.

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Planning Applications Committee - 21st June 2007

28. APPEALS UPDATE (CONTINUED) Application No. 06/00277/FUL Appeal Site Middle Farm, Consall Determined By Officer

(28) Appeal Decision Allowed

06/00415/OUT

Land at North Street, Leek Land at Baddeley Street, Cheadle Fairview, 11 Battlesteads, Alton Kingsley Post Office Land adjacent to Kingsley Post Office Land off Orchard Court, Leek Middle Mill, Belle Vue Road, Leek

Officer

Dismissed

06/00441/FUL

Committee

Dismissed

06/00502/FUL

Officer

Dismissed

06/00997/FUL

Officer

Allowed

06/01002/FUL

Officer

Allowed

06/01119/FUL

Officer

Dismissed

06/01207/FUL

Officer

Allowed

RESOLVED - That the report be noted.

29.

CHAIR/MEMBER ISSUES No issues were notified.

Meeting closed at 7.49 p.m.

Chair - 12 -

Date