Issue - meetings

To determine an application for the variation of a premises licence for the New Dawn Inn, Tewkesbury Road, Norton, Gloucester, GL2 9LR. 

Premises:                                           The New Dawn Inn, Tewkesbury Road, Norton, Gloucester, GL2 9LR.

Applicant:                                          Martin John Hand

Application for the variation of a premises licence under Section 34 of the Licensing Act 2003.

Present:                                               Councillors G J Bocking (Chair), J W Murphy and                 R J G Smith.

Other parties addressing the              Councillor M J Williams – Ward Councillor.

Sub-Committee:        

SUMMARY OF REPRESENTATIONS

1.            No responsible authorities made representations in relation to the application.

2.            Three representations were made by other persons in relation to the application – one in support of the application and two in objection.

THE APPLICATION

The applicant had not applied to change any of the licensable activities or times from those on the existing licence but new conditions were proposed as follows:

1.   An incident book shall be maintained at the premises in which shall be recorded the time, date and circumstances of all refusals of entry, refusals of sale or removal of persons from the premises, along with the name or a description of the individual.

2.   All windows and doors at the premises shall be kept closed, other than for normal or emergency access and egress, for the duration of any period in which live music or recorded music (other than incidental, background music) is being played.

3.   A CCTV system will be maintained at the premises operating throughout the opening times of the premises and with a facility to digitally download footage. Recordings will be kept for a minimum of 14 days and will be available to authorised officers upon reasonable request.

4.   A Challenge 25 policy shall be operated at the premises at all times. All staff shall require identification of all customers who appear to be less than 25 years old and wish to purchase alcohol. Acceptable proof of age will be a PASS approved proof of age card, passport or a photographic driving licence.

5.   The licence holder will submit and maintain a noise management plan (NMP) setting out how noise from the premises and customers will be mitigated. The plan shall be maintained thereafter and updated as necessary to reflect any changes likely to impact on the acoustic environment.

6.   All fixed external lighting should be positioned in such a way as to not cause nuisance to neighbours.

7.   In relation to the outside area marked on the plan as GRASSED AREA AT THE FRONT OF THE PREMISES:

·      This area will be vacated by 22:00 hours.

·      Clear and legible notices will be displayed in this area reminding customers to keep noise to a minimum and to respect the neighbours.

·      A maximum of 5 tables and 20 chairs will be positioned in this grassed area. Where a picnic-style bench table is being used, this shall count as 1 table and 4 chairs. Furniture in this area will be positioned within a distance of 4.2 meters from the wall of the premises.

DECISION

Having considered the application; the evidence provided; the representations made by all parties, including those made at the hearing; the  ...  view the full decision text for item 4

4.1             The report of the Senior Licensing Officer, circulated at Pages No. 1-81, outlined an application for the variation of a premises licence in respect of The New Dawn Inn, Tewkesbury Road, Norton, Gloucester, GL2 9LR.  The Licensing Sub-Committee was asked to determine the application by either granting the application; modifying the conditions on the licence; or refusing the application.

4.2             The Chair asked all parties present to identify themselves and explained the procedure that would be followed by the Sub-Committee.  The Senior Licensing Officer advised that the variation application had been submitted to approve a new plan of the premises following refurbishment and to amend the conditions applicable to the licence.  The existing conditions were listed at Pages No. 3-5, Paragraph 1.4 of the report, with the proposed new conditions outlined at Pages No. 5-6, Paragraph 2.3 of the report.  Whilst no representations had been made by any responsible authorities during the consultation period, three representations had been received from residents - two in objection and one in support - and these were attached at Appendix E to the report.  The Sub-Committee was asked to determine the application either by granting the application as requested; modifying the conditions of the licence; or rejecting all, or part, of the application.

4.3             A Member queried whether a noise assessment had been undertaken and was advised that this was a condition of the original licence and had been carried out in January 2019.  No concerns had been raised and the Environmental Health Manager indicated that there was a close-boarded fence and a three metre acoustic barrier which is what he would expect to see.  The Member went on to question whether there had been any complaints about noise at the premises and was advised that complaints had been made by a resident in proximity to the boundary of the establishment but they could not be substantiated.  The Environmental Health Manager understood that people went out into the pub garden to have a drink and, whilst a certain level of noise was to be expected as a result of that, a number of different mitigation measures had been put in place to minimise disruption including moving the benches closer to the establishment and erecting signage etc.  Discussions had also taken place with the applicant about the provision of a noise management plan which could be shared with staff.  The original complainant had not requested a specific noise assessment but there was an open offer for one to be carried out if and when that was required in the future.

4.4             The applicant was invited to present his case.  He explained that the application had originally been submitted some time ago but had been resubmitted for technical reasons on 14 June.  He confirmed that the application had been submitted correctly and had been publicised in accordance with the law.  He advised that he was experiencing problems with a neighbouring resident who did not want a pub next door despite the fact that his house  ...  view the full minutes text for item 4