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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 07/04/2003
APPENDIX A - RENEWAL OF ANNUAL PUBLIC ENTERTAINMENT LICENCE - THE THREE LIONS, FARNCOMBE



Summary & Purpose
Members will recall that there was a hearing on the annual application for renewal of the licences for the Three Lions Public House, Meadrow, Farncombe, when this matter came before this Committee in October 2002. At that time the Committee agreed to grant the licences requested for a six-month period only (to 30th April 2003), to operate on certain days of the week only, and that the works contained in the applicant’s consultants’ report should be carried out during that period, so that a further application could be submitted for the ensuing six-month period to the end of the annual Licensing year (30th October 2003). The purpose of this report is for the Committee to determine an application now received for renewal of the public entertainment licences for The Three Lions in for second half of the licensing year (i.e. from 1st May 2003 to 31st October 2003).

At the time of writing, the report has no significant environmental or “Opportunities for All” implications and payment of the fees for the licences contributes to the resource implications.

APPENDIX A
WAVERLEY BOROUGH COUNCIL

LICENSING AND REGULATORY COMMITTEE – 7TH APRIL 2003

Title:

RENEWAL OF ANNUAL PUBLIC ENTERTAINMENT LICENCE
THE THREE LIONS, FARNCOMBE
[Wards Affected: All Godalming Wards]


Summary and Purpose

Members will recall that there was a hearing on the annual application for renewal of the licences for the Three Lions Public House, Meadrow, Farncombe, when this matter came before this Committee in October 2002. At that time the Committee agreed to grant the licences requested for a six-month period only (to 30th April 2003), to operate on certain days of the week only, and that the works contained in the applicant’s consultants’ report should be carried out during that period, so that a further application could be submitted for the ensuing six-month period to the end of the annual Licensing year (30th October 2003). The purpose of this report is for the Committee to determine an application now received for renewal of the public entertainment licences for The Three Lions in for second half of the licensing year (i.e. from 1st May 2003 to 31st October 2003).

At the time of writing, the report has no significant environmental or “Opportunities for All” implications and payment of the fees for the licences contributes to the resource implications.


Application for the Renewal of Public Entertainment Licences

1. As stated above, an application has been received for the renewal of the Public Entertainment Licences to cover Music and Dancing and Sunday Music and Dancing in respect of The Three Lions, Farncombe. No representations have been received in respect of the application and the Police have raised no objection to the renewal. The current licence will expire on 30th April 2003. Any new licence granted will operate from 1st May 2003 to 31st October 2003.

Background and History

2. Members will recall that there was a formal hearing into the annual application for renewal in October 2002, following complaints from neighbours living opposite this premises. In addition, a noise abatement notice had been served on the proprietors in May 2002, during the then current licensing year.

3. Having heard the applicants and the objectors, the Committee agreed to grant the licences for six months only, and that these should apply only to events held on Fridays and Saturdays (within normal Licensing hours up to 11 pm) and on Sundays (up to 10 pm). Previously, the premises were used as a venue for events on Wednesdays as well as at the weekends. The six-month licence with these limitations was agreed to allow the applicant time to implement the proposed improvements advised in a report of his consultant, Andrew Strange Associates to the satisfaction of the Waverley officers, with the intention of reducing noise emission during music events at the premises.
4. Members may also remember that there were complaints from local residents in respect of this premises in 1999, when the Committee held a formal hearing before renewing the licences at that time.

The Current Licensing Period and the Andrew Strange Report

5. There have been no complaints of noise in respect of this premises since those which were considered in October last year. At the time of the complaints during 2002, the Environmental Health officers invited the complainants to keep a diary of noise events for the four weeks following the Committee’s decision, to be returned by the end of November 2002. The diaries were not returned and one of the complainants has since advised that he had experienced no further problems and had now left the area.

6. The Council’s Building Control Section has inspected the premises with regard to the renewal and having particular regard for the applicant’s own consultant’s report on acoustics on noise reduction (the Andrew Strange Report). Most of the works have been undertaken and have been inspected by the Council’s Building Control Officer. As described in the Report, acoustic lining, an acoustic screen and a newly soundproofed door have been fitted. One outstanding item is the removal of the existing extractor fan and sealing the opening. However, the Building Control Manager’s opinion is that this will make little difference to the overall sound insulation and he is satisfied with the works as carried out.

7. The officers consider that the licence should be granted for the forthcoming six-month period from 1st May to 30th October 2003. However, in addition to the standard licence conditions applied to this annual licence, the Committee imposed the following additional conditions on the current six-month licence in the light of the complaints received, and it will need to reconsider these in conjunction with the renewal:

(a) the Music and Dancing Licence shall have effect on Fridays and Saturdays only, up to the current liquor licence hours (i.e. up to 11.00 pm on Fridays and Saturdays);

(b) the Sunday Music and Dancing Licence shall have effect up to 10.00 pm for all Sunday events; and

(c) the proposed improvements, as contained in the report of Andrew Strange Associates dated June 2002, shall be implemented and completed to the satisfaction of the Waverley Borough Council forthwith.

8. The Committee’s reasons for the above decisions were:-

(i) Mondays to Thursdays were excluded from the Music and Dancing Licence as events on these evenings are considered to be unneighbourly in this mainly residential area, particularly bearing in mind the complaints and objection received over the past 12 months, and the structure and location of the Three Lions building and the incidents which led to the Council serving a noise abatement notice on the applicants on 30th May 2002;

(ii) the hours of the licence for Sunday Music and Dancing were limited to 10.00 pm as events ending any later than this on Sundays are considered to be unneighbourly in this mainly residential area, particularly bearing in mind the complaints and objection received over the past 12 months and the structure and location of the Three Lions building.
(iii) a licence for a limited period of six months only was granted to enable the effect of management control of the premises to be monitored following completion of the proposed improvements (in accordance with the report of Andrew Strange Associates);

9. The Committee will need to consider whether it would wish to re-impose or revise these additional conditions imposed last October. The officers’ advice is that the special conditions (a) and (b) should be applied for the remainder of the current licensing year at the least, so that there is an opportunity to assess the performance of the new insulation works during the summer months when doors and windows in neighbouring residential properties are more likely to be opened. The works under condition (c) above have now been carried out to their satisfaction and no further complaints received, although as reported above, the original complainants have now moved away. This condition would not therefore be necessary in the present form on any renewed licence, provided that the improvements effected were retained to the Building Control Manager’s satisfaction. An amendment to that effect could be considered by the Committee.

10. The recommendation for approval is, in the usual way, subject to the satisfactory completion of any items of repair which may be required to ensure the premises meet the standards laid down in the Council's Regulations and General Conditions. It will be necessary to attach conditions to the licences, including the maximum number of persons permitted to attend functions.

Community Safety Implications

11. The impact of this report, as part of the Section 17 requirements of the Crime and Disorder Act 1998, could be summarised as recognising that proper licensing of the premises allows better control of noise, public safety, and consideration of any comments made by the Police and Fire authorities in respect of each premises.

Environmental/Resource/"Opportunities for All" Implications

12. The report has no specific implications under this heading and no complaints have been made about the conduct of the Three Lions during the past six months since the last hearing. The payment of the licence fees allows the Council to recover a proportion of its costs in carrying out the licensing function.
Human Rights Implications

13. The Human Rights Act 1998 incorporated into English law the protection of human rights enshrined in the European Convention on Human Rights (ECHR). The Council must have regard to the human rights of individuals affected by its decisions.

14. Article 1 of the First Protocol of the ECHR provides for the protection of private property and possessions. There is a decision of the European Court of Human Rights relating to the economic value of a licence to serve alcohol (in a Swedish case) where such a licence has been considered to be a “possession” within the meaning of Article 1. In the circumstances the Committee must consider the impact of Article 1 of the First Protocol on any decision relating to the suspension, revocation or non-renewal of licences granted by the Council.


15. The full text of Article 1 (as follows) should be considered:-
16. In having regard to rights protected by Article 1 of the First Protocol, the Council must find a fair balance between those rights and the general interest of the community, where necessary. The Committee must have regard to the public interest, (in proper function of the licensing authority) as well as the general, and in granting public entertainment licences there is the issue of public safety.

Recommendation

It is recommended that the Committee gives consideration to the special conditions previously imposed, as set out at Paragraphs 7 and 8 above, and, subject to this and to satisfactory completion of any items of repair which may be required to ensure that the premises meet the standards laid down in the Council’s Regulations and General Conditions, including the maximum number of persons to be admitted, the application for Music and Dancing and Sunday Music and Dancing Public Entertainment Licences at The Three Lions, Meadrow, Farncombe, be granted.

Background Papers (CEx)

Application for licences referred to; correspondence and representations received (if any) in respect of the application


CONTACT OFFICER:

Name: Mrs R Hughes Telephone: 01483 523225
E-mail: rhughes@waverley.gov.uk

Comms/licensing/2002-03/054