Agenda, decisions and minutes

To elect a Chair for the ensuing meeting  

5.1            It was proposed, seconded and

RESOLVED           That Councillor G M Porter be appointed as Chair for the meeting. 

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

In the event of a fire any person with a disability should be assisted in leaving the building.    

6.1            The evacuation procedure, as noted on the Agenda, was advised to those present. 

Pursuant to the adoption by the Council on 24 January 2023 of the Tewkesbury Borough Council Code of Conduct, effective from 1 February 2023, as set out in Minute No. CL.72, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

7.1            The Committee’s attention was drawn to the Tewkesbury Borough Code of Conduct which was adopted by the Council on 24 January 2023 and took effect on 1 February 2023. 

7.2            There were no declarations of interest made on this occasion.

To review the premises licence for Ye Olde Black Bear, High Street, Tewkesbury GL20 5BJ. 

Premises:                                           Ye Olde Black Bear, High Street, Tewkesbury, GL20                                                           5BJ

Applicant:                                          Tewkesbury Borough Council’s Environmental Health                                                          Team

Application for a review of a premises licence under the public nuisance licensing objective.

Present:                                               Councillors N D Adcock, H C McLain and G M Porter                                                          (Chair).

Representatives of applicant:             Environmental Health Officer

                                                            Principal Environmental Health Officer

Representatives of the respondent:   Luke Haynes, Respondent (Premises Licence Holder)                                                         Leigh Shelvis, Solicitor

Responsible Authorities:                     None

Other Persons addressing the           Six Other Persons speaking in support of the review.

Sub-Committee:                                 Two Other Persons speaking in objection to the review.

                                                            Gloucestershire Councillor C M Cody – speaking on                                                            behalf of local residents.

                                                            Tewkesbury Borough Councillor M G Sztymiak –                                                                 speaking on behalf of local residents.

SUMMARY OF REPRESENTATIONS

1.      Aside from the applicant, no Responsible Authorities had made representations in relation to the application.

2.      332 representations were received from Other Persons during the consultation: 32 representations were made by residents living in close proximity and affected by the operations of the premises; 21 representations were received by parties who were against the review and offered relevant information; one neutral representation was from Gloucestershire County Councillor C M Cody; 267 representations were made by parties who were supportive of the operations of the business – these were not relevant representations under the Licensing Act 2003.

PREMISES LICENCE

The premises is licensed for the following activities and hours:

DECISION

Having considered the application; the evidence provided; the representations made by all parties, including those made at the hearing; the provisions of the Licensing Act 2003, the obligation to promote the four licencing objectives; the relevant sections of the Council’s Statement of Licensing Policy and the Statutory Guidance it was resolved that the conditions of the premises licence be modified as follows:

CONDITIONS CONSISTENT WITH THOSE RECOMMENDED BY THE RESPONSIBLE AUTHORITIES AND AGREED WITH THE APPLICANT

1.      The premises licence holder, or an authorised member of staff, must ensure that all public external doors and windows are closed when amplified regulated entertainment in the form of live and recorded music is taking place internally, except to allow entry and egress.  The public external doors must be on a self-closure fitting so that they cannot remain open. A plan showing public external  ...  view the full decision text for item 8.

8.1             The report of the Licensing Team Leader, circulated at Pages No 1-236, outlined an application for a review of the premises licence in respect of Ye Olde Black Bear (Black Bear), High Street, Tewkesbury, GL20 5BJ.  The Licensing Sub-Committee was asked to determine the application by making no changes to the current premises licence; modifying the conditions of the premises licence; excluding a licensable activity from the scope of the licence; removing the designated premises supervisor; suspending the licence for a period of not exceeding three months; or, revoking the licence.

8.2             The Chair asked all parties present to identify themselves and explained the procedure that would be followed by the Sub-Committee.  The Licensing Team Leader advised that the review application was submitted by Tewkesbury Borough Council’s Environmental Health team under the public nuisance objective.  Ye Olde Black Bear had reopened in June 2023 after being closed for a considerable amount of time for renovation works.  The premises offered wet sales and entertainment and currently had pop-up food traders in the garden area.  The public house was renowned for being the oldest pub in Gloucestershire.  The current licensed hours were set out at Page No. 3, Paragraph 1.5 of the report and a copy of the premises licence, showing all non-standard timings and current premises licence conditions, was attached at Appendix A to the report.  Prior to reopening, the Licensing Team Leader had visited the premises in August 2022 and met with the premises licence holder where she explained the licence conditions along with the scope of the licensed area and gave advice in relation to music in the outside areas including the need to contact the Environmental Health team.  After reopening, the Licensing and Environmental Health teams received complaints regarding use of the outside area, namely music and use of the outside seating area for smoking.  The Licensing team conducted various compliance visits as set out in the report and continued to be copied into nuisance complaints to the Environmental Health team.  A written warning was issued on 15 August 2023, as set out at Appendix G to the report, and an application to review the premises licence was received from the Environmental Health team on 19 October 2023.  The Environmental Health Officer had proposed conditions they would like to see imposed on the premises licence and these were listed at Page No. 5, Paragraph 2.8 of the report.  The application had been administered in accordance with the Licensing Act 2003 and was subject to a 28 day consultation in accordance with the regulations.  Public notices had been displayed at the premises and on the Council’s website.  It was noted that the email address for representations to be submitted had been spelt incorrectly; however, following discussion with One Legal, it was determined that the consultation period did not need to be extended as representations were being received and revised notices were displayed on 10 November for the remainder of the consultation.  No representations had been made by any  ...  view the full minutes text for item 8.