Decision details

The Sub-Committee considered the report of the Director of Built Environment regarding an application by Mr P. King for the Variation of a Club Premises Certificate in respect of the above premises as follows:

 

·                    The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club; and

·                    the sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for consumption on the premises where the sale takes place:

 

 

·                    The provision of regulated entertainment where that provision is by or on behalf of a club or members of the club and their guests - recorded music;

·                    the provision of regulated entertainment where that provision is by or on behalf of a club or members of the club and their guests - performance of dance; and

·                    the provision of regulated entertainment facilities where that provision is by or on behalf of a club or members of the club and their guests – dancing:

 

 

• Hours club premises open to members and guests:

 

 

Objections, to the application had been received including a petition with 90 signatories and this necessitated a hearing, for which the Sub-Committee had been convened.

 

The Committee heard representations from:

 

• Mr E Fletcher, Solicitor – on behalf of the applicant, in support of the application;

 

• Mr P King - applicant, in support of the application; and

 

• the following interested parties, objecting to the application:

 

Mr D Hodge Mrs A Nanson Mr P Hardwicke (spokesperson for the petitioners) Mrs E Drummond Mr Robinson Miss P Belger Councillor Shaw (nominated to speak on behalf of Councillor Hands)

 

Councillors Keith, Kermode and Robertson were also present as observers for training purposes.  All parties agreed to this.

 

Councillor Shaw tendered apologies for non attendance by Councillor Hands who was unable to attend the meeting on ill health grounds. Councillor Shaw had been nominated to make representations on behalf of Councillor Hands.

 

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no further preliminary issues raised, and at the end of their representations, everyone confirmed that they were satisfied that they had said all they wished to say.

 

In view of the amount of information presented to the Sub-Committee by both the applicant and the interested parties, the Sub-Committee gave consideration as to whether it would be in the public interest to exclude the public from the next part of the meeting, to allow the Sub-Committee to give due consideration to the representations made, or whether the meeting should continue in public.  The Sub-Committee concluded that it would be in the public interest to exclude the public from this part of the meeting.

 

All parties confirmed that they had no objection to those Councillors who were observing the proceedings for training purposes, retiring with the Sub-Committee, on the basis that they would take no part in the decision making process.

 

Accordingly, the Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application.  The Sub-Committee returned to give their decision in public.

 

RESOLVED:

 

That the application for the Variation of the Club premises Certificate for Southport Rugby Union Football Club be granted as follows:

 

·                    The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club; and

·                    the sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for consumption on the premises where the sale takes place:

 

Monday to Thursday	11.00 to 23.00
Friday and Saturday	11.00 to 00.00
Sunday	12.00 to 22.30

 

·                    The provision of regulated entertainment where that provision is by or on behalf of a club or members of the club and their guests - recorded music;

·                    the provision of regulated entertainment where that provision is by or on behalf of a club or members of the club and their guests - performance of dance; and

·                    the provision of regulated entertainment facilities where that provision is by or on behalf of a club or members of the club and their guests – dancing:

 

Monday to Thursday	None
Friday and Saturday	19.00 to 23.30
Sunday	None

 

·        Hours Premises to be open to the Public:

 

Monday to Thursday	07.00 to 23.30
Friday and Saturday	07.00 to 00.30
Sunday	07.00 to 23.00

 

Subject to the following conditions:

 

1.                  The Chairman or Secretary of the Club shall take all reasonable steps to prevent annoyance or nuisance by persons entering or leaving the premise and shall provide suitable notices to that effect at each ingress/egress from the premises.  Such notices shall be protected from damage/deterioration.

 

2.                  An appropriate steward to be present at points of ingress/egress of the clubhouse 30 minutes prior to the terminal hour, to control the departure of members and guests.

 

3.                  Suitable notices shall be displayed outside of the Club House requesting that vehicle owners/drivers refrain from sounding horns at any time.

 

4.                  The Chairman/Secretary shall arrange and inform those residents living within 250m of the curtilage of the Club Premise of a meeting to discuss the operation of the Club under the new licence.  Such meeting to be held within 3 months of today’s date.

 

5.                  The contact details of those Committee members having responsibility for managing events to be posted on the Club’s webpage.

 

6.                  Committee Members shall exercise due diligence in preventing persons leaving the Club premises with alcohol supplied in open containers. Prominent, clear notices to that effect shall be displayed at all exit points advising members and their guests of this.

 

 

Reasons:

 

The Sub-Committee Members have heard representations from Mr Fletcher and Mr King in support of the application; and Mrs Nanson, Mrs Drummond, Mr Robinson, Mr Hodge, Mr Hardwicke, Ms Belger and Councillor Shaw as interested parties objecting to the application.

 

The Sub-Committee heard from Mr Fletcher and Mr King that the reason for the Variation Application is to avoid the Club having to apply tor Temporary Event Notices in the future, to enable the club to generate income and to provide an amenity for the community.

 

The Sub-Committee noted that the main concerns of the interested parties were an increase in the number of events, the possibility of noise nuisance and anti-social behaviour and the inability of the Club to police and control members and their guests.

 

The evidence of previous issues affecting the residents was limited in that no reports of noise nuisance had been made recently to the appropriate authorities; for example, to the Council’s Environmental Protection – Noise Nuisance Department, or the Police.

 

The Sub-Committee had concerns as to the ability of the Club to manage the licensable activities on the basis of the application made.

 

Mr Fletcher and Mr King did indicate that they would be prepared to make some concessions and amend the application.

 

The Sub-Committee have reduced the hours of operation to meet the concerns of the residents, but also to allow the Club to manage licensable activities appropriately.

 

The Sub-Committee have also added a number of conditions to the licence, which they hope will address residents’ concerns regarding noise nuisance and anti-social behaviour.

 

The Applicant is reminded that it is already a mandatory condition to have an age verification policy.  The Sub-Committee did have some concerns that there did not appear to be any such policy in force.  The Club are reminded of their obligations in that regard.

 

The Sub-Committee had their own concerns and noted Mr Fletcher’s concerns, as to the lack of communication between the Club and residents.  Conditions have been added to address this.

 

Should the residents’ concerns come to fruition they are reminded that any noise issues should be reported to the Council’s Noise Nuisance Department for monitoring.  In addition, residents always have the right to request a Review of the Licence.