Agenda item

To receive an application made by Gloucester City Council under Section 34 of the Licensing Act 2003 to vary the premises licence for Plock Court Playing Fields, Longford Lane, Gloucester, GL2 9DW.

 

Presentation by the Licensing Authority

 

The Licensing and Enforcement Officer presented Members with an application to vary the Premises Licence made by Gloucester City Council under Section 34 of the Licensing Act 2003 to vary the existing Premises Licence it holds for Plock Court Playing Fields, Longford Lane, Gloucester, GL2 9DW. The application had been brought before Members following receipt of a relevant representation from a local resident necessitating its determination under Section 35 of the Act.  The Objector was not present at the meeting. Members were informed that the application sought approval for the provision of late night refreshment every day from 23.00 – 00.00 hours, the extension of the existing licensable activities to 23.30 hours every day, and for the sale of alcohol every day from 09.00 to 22.30 hours.  Members were further advised that the application also asked for removal of conditions 1, 2, 3, 4, 5, 7, 8, and 11 from the current Premises Licence. Members’ attention was drawn to a number of new conditions requested by the Council’s Environmental Protection Service to be included on the Premises Licence which had been agreed by the Applicant.

 

Other Person or Their Representative Questions to the Licensing Authority

 

The Objector was not present to ask questions.

 

Questions by Members to the Licensing Authority

 

Members requested clarification on the following matters:-

 

• Removal of condition 11 on the existing licence for 28 days’ notice to be given prior to an event. The Licensing and Enforcement Officer explained that it was proposed to replace this with a new condition requested by the Environmental Protection Service for a minimum of 14 days’ notice.  Members expressed reservations that 14 days would be sufficient notice.
• Achievement of the required noise levels.  The Environmental Protection Officer said he was confident that the proposed conditions regarding noise levels were reasonable and enforceable.
• The area covered by the application.  Members’ attention was drawn to the plan at Appendix 2 to the report.
• The proximity of another licensed premises at Oxstalls Indoor Tennis Centre.   Members were advised that the Tennis Centre had its own premises licence and that this was not a factor for consideration in their evaluation of the application.

 

Presentation by the Applicant

 

Mr R Webb, Asset Manager for Gloucester City Council addressed the Sub-Committee.  He explained that the application would allow better use of the playing fields and would encourage engagement with communities.  Mr Webb acknowledged the concerns raised by the Objector and said he was confident that these could be addressed by controls he would impose in the property licence and by the proposed conditions that had been agreed with the Council’s Environmental Protection Service should the variation to the licence be agreed.  The Environmental Protection Officer summarised the new proposed conditions.

 

Questions by Members to the Applicant

 

Members requested clarification on the following matters:-

 

• The proposal to replace the 28 day notice condition with a minimum of 14 days’ notice.  The Environmental Protection Officer advised that he believed 14 days was sufficient notice and kept the event in the public profile. The Applicant added that imposing 28 days’ notice was prohibitive for small events and that larger events were likely to be in the public domain earlier as they required more publicity in order to make them viable.  The Solicitor reminded Members of the additional powers the Applicant had, as land owner, to impose conditions on the property licence to ensure events were properly managed.
• The radius used to determine consultation with local residents in the vicinity.  The Environmental Protection Officer explained that the impact of events on residents was assessed as part of the work of evaluating the application and discussed with the organiser.  It was acknowledged that larger events could have a greater impact on the local infrastructure. . 

 

The Other Person (Resident) Representation

 

In the absence of the Objector, the Chair read out the representation submitted by Mr Sheen (the Objector).  Mr Sheen’s concerns related to the licensing objective ‘Prevention of Public Nuisance’.

 

Questions by Members to the Applicant on the Other Person’s case

 

Members discussed the following matters:-

 

• It was noted that the Applicant had not met with the Objector, but that he had read the correspondence and understood the concerns expressed. There was a discussion on the merits of including a dispersal policy provision within the property licence.  The Solicitor advised the Sub-Committee that it may be considered appropriate to include a dispersal policy condition in the Premises Licence when the detail of such a measure could be considered for larger events.

• The possibility of using the ‘Yellow Card Scheme’ and liaison with the City Safe Co-ordinator.  The Applicant remarked that any conditions needed to be reasonable and enforceable. FINAL STATEMENTS

 

The Licensing Authority

 

The Licensing and Enforcement Officer advised Members to consider the relevant facts, guidance and representations in the light of the licensing objectives and that their options were:-

 

a)    To agree to modify the conditions of the licence including altering, omitting or adding new conditions

Or

b)    To reject the whole or part of the application.

 

The licensing objectives were:-

 

a)    The prevention of crime and disorder

b)    Public Safety

c)    The prevention of public nuisance.

d)    The protection of children from harm

 

The Applicant

 

The Applicant concluded his presentation by stating that the aim of the application was to make the playing fields accessible and allow greater use of the space.

 

The Decision

 

The Sub-Committee Members retired to deliberate their decision with the Solicitor and Democratic Services Officer in attendance.

 

On return to the room the Chair announced the Sub-Committee’s decision:-

 

RESOLVED:

That the Council’s Application to vary the Premises Licence is allowed as follows:

 

• Late night refreshment everyday from 23:00 to 00:00 to be included on the Premises Licence

 

• The existing licensable activities on the Premises Licence be extended to 23:30 everyday

 

• The sale of alcohol to be included on the Premises Licence everyday from 09:00 to 22:30

 

The following conditions to be removed from the existing Premises Licence:-

 

            Numbers 1, 2, 3, 4, 5, 7, 8, 11

 

Subject to the following additional conditions:-

 

·         All proposed conditions with bullet points in paragraph 4.3 of the report to be included in the Premises Licence as varied.

 

·         The following is added to the final proposed condition in the report:

 

“For larger events to be held after June 2014 involving 500 persons or more, there will be a minimum of 28 days’ notice of the event given to all local residents in the locality.”

 

·         A Dispersal Policy should be agreed between the Premises Licence holder, the City Safe Co-ordinator and the event organiser where the event warrants such a policy.

 

Reasons

 

It has been decided that the application to vary the Premises Licence is allowed with the proposed conditions added and modified, for the following reasons:-

 

1.         They are appropriate for the promotion of the licensing objectives.

2.         There has only been one objection and no representations from residents in the vicinity of the Premises.

3.         There being another licensed premises in the vicinity of the Premises, as raised by the objector, is not a factor for consideration in this application.

4.         Having considered the representation from the objector, the Sub-Committee have included a Dispersal Policy provision for events where this would be appropriate, to avoid public nuisance.