Agenda and minutes

Consideration of reports containing exempt information within the meaning of section 100I and paragraph 1 part 1 Schedule 12A Local Government Act 1972.

RESOLVED to exclude the public and press for the following items on the grounds that they contained exempt information within the meaning of s.1 etc

To determine a personal alcohol licence.

The Chair introduced the Panel and explained procedure to the applicant.

The Enforcement Officer gave a summary of the report.

The applicant was the manager of a pub, but was not the current Designated Premises Supervisor (DPS).  Essex Police have called on the Council for a review of her personal alcohol licence under the Licensing Act 2003.

In May 2019, the applicant was convicted of an offence of assault by beating following a guilty plea. This was following an incident with her former partner.

The Police believe that the applicant’s excessive use of alcohol has led, either wholly or in part, to several instances of domestic disturbance including violence. As a result Essex Police feels that for her to retain her Person Licence would undermine the crime prevention objective. If she was allowed to retain a personal licence, she would be able to apply to take up a position as a DPS, responsible for ensuring that the licensing objectives are upheld. As a DPS, she would be required to prevent patrons from becoming intoxicated and take active steps to prevent vulnerable patrons from risk.

The applicant submitted her written responses to the Council confirming that she had been in a difficult relationship with her ex-partner, that they regularly fought, and this was regularly fuelled by alcohol. The arguments were not one sided and on one occasion her partner had been arresting for assaulting her. She had enclosed photographs of the injuries that she has sustained. She did not support Police action for this matter and there was no CCTV. She has enclosed a log of other incidents between the two of them to give a background. The applicant had said that her behaviour during this relationship was unacceptable and she was ashamed of her actions, however, she stated that this would not behave like this again. She believed that her drinking was caused by the toxic relationship and has requested that she be given another opportunity to prove herself.

Therefore, the applicant’s personal alcohol licence came before members to consider whether she remained a suitable person to continue to hold the licence in light of her conviction.

The applicant said the atmosphere at the pub was much better now her old partner had left. She felt no need to hide from people anymore as she did not have any injuries to account for. She felt as though a weight had been lifted and wanted to run a good pub. Her customers had all been very supportive of her and had signed a petition in support.

At 2.25, the Committee retired to make its decision.

At 3.25, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE –

The application before the Panel today is for the suspension or revocation of the applicant’s personal alcohol licence (personal licence) number PA1119 under S132A (1) and (3) Licensing Act 2003.  The licence was issued on 12^th November 2018 and such licences are indefinite in duration. Though not the current Designated  ...  view the full minutes text for item 2.

Consideration of reports which do not contain exempt information within the meaning of section 100I and paragraph 1 part 1 Schedule 12A Local Government Act 1972.

RESOLVED to readmit the public and press for the following items on the grounds that they do not contain exempt information within the meaning of s.1 etc.

To consider an application to vary a premises licence.

The Enforcement Officer gave a summary of the report. The application for variation of a premises licence for The Axe, Ashdon Road, Saffron Walden, was to remove conditions 1,2 3 & 5 of Annexe 3 imposed following the 2014 review hearing. It was proposed they be replaced by 2 new conditions as follows:

·         Drinks shall not be consumed outside the premises after 11.20pm Sunday- Thursday and Midnight Fridays and Saturdays.

·         New Year’s Eve recorded and live music to end at 12.30am and sale of alcohol to end at 01:00am.

18 representations had been received from interested parties, primarily local residents, raising concerns based upon the prevention of public nuisance objective, and supporting the views of Environmental Health. Residents are strongly opposed to the removal of some of the Annexe 3 conditions from the Axe's licence. The main reasons relating to their objections are:

·         Music events should be limited in numbers and kept inside the pub, although when music is very loud indoors this noise is also unacceptable.

·         Concerns about the increased frequency of indoor events if the condition pertaining thereto were to be removed. Removing the dB level during events will increase the risk of noise nuisance for residents impacting upon the ability to enjoy their outdoor space.

·         Playing music through outdoor speakers is not acceptable

·         Rowdiness from customers in the garden area and upon leaving the premises, in the car park, and the pavement outside.

·         Strong objections to add a new condition and drinks being consumed outside the premises after 11.20pm.

·         Frequent shouting, swearing and drunken behaviour from patrons in street resulting in bottles and broken glass over the road and pavement falling to resident to clear up.

The decisions that the Committee could make in respect of this application were

·         a. Grant the application.

·         b. Modify the application by inserting conditions.

·         c. Reject the whole or part of the application.

The applicant, D Hooper said she was trying to do right by her neighbours and her customers. She made sure everyone was out by 11.20 and policed the outside when she had closed up to make sure customers were not hanging around and there was no litter left. She did not allow smoking or drinking out the front, and she had CCTV and an incidents log available to the neighbours. She had grandchildren and used to be a childminder so she did her best to protect customers using bad language around children. She did not intend to have events every weekend, but she did sometimes want to have a musician or a singer, maybe to perform outside in the afternoon.

In response to Member questions, D Hooper said the website was incorrect to state that the pub was open later on weekends. She did not currently have any events planned, but she was allowed to hold one more by the terms of the licence. She did not have any outdoor speakers.

The District Environmental Health Officer said the Environmental Health Department felt the removal of conditions 1,2  ...  view the full minutes text for item 4.