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Licensing Panel Hearing

Record of Hearing held on

 

9 August 2006

 

 

 

PRESENT:

     Cllr P Rogerson (Chairman)

Councillors J M Blanksby and Mrs C C Martens

ALSO PRESENT FOR THE HEARING:

Mr S Broome      -      Licensing Officer, Wycombe District Council

Ms J Beer          -     Applicant

Mr J Dawson     -     Applicant’s Solicitor

Mr R J Downing     -     Objector

Mr G J Rimer     -     Objector

Mr E Rowley     -     Objector

Mrs H Rowley     -     Objector

 

OFFICERS IN ATTENDANCE:

Mrs S Wilson          Principal Solicitor, Wycombe District Council

Ms S Rogers          Democratic & Member Services Manager, WDC

 

1.    DECLARATIONS OF INTEREST

Councillors Mrs C C Martens and P Rogerson declared a personal interest in that they had attended a conference at the premises.

2.    INTRODUCTORY REMARKS

The Chairman of the Panel outlined the procedure to be adopted in relation to the conduct of the Hearing and introduced Members and Officers present.

3.    KINGS ARMS HOTEL, STOKENCHURCH

The Panel met to conduct a Hearing into a variation application in respect of the Kings Arms Hotel, Stokenchurch.  The requested variation was for the changes of times for activities as follows:

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Supply by retail of alcohol; performance of live music; provision of facilities for dancing; and performance of recorded music – Monday – Sunday 10.00 – 02.00.

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Late night Refreshment – Monday – Sunday 23.00 – 02.00

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Opening Hours – Monday – Sunday 10.00 – 02.00 (24 hour access for hotel residents and bona fide guests)

Prior to the commencement of the Hearing, Members and Objectors were provided with a copy of a written submission from the Applicant that had been received after the despatch of the papers for the meeting.

Before the Objectors were invited to present their case, the Principal Solicitor drew Members’ attention to a statement in the submission from Mr Rimer which referred to possible future events concerning another establishment and advised Members that this could not be taken into account during the Panel’s deliberations.

Details of the application were set out in full for the Panel and it was noted that 9 representations had been received from Stokenchurch Parish Council and 8 residents.  The main areas of concern were in respect of the following:

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Noise from patrons leaving the premises

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Staff emptying bottles into outside bins late at night

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Slamming of car doors and the revving of engines

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Loud music from functions already causing a disturbance during existing hours

·

Patrons using nearby residential roads as overspill from the car park, bringing the noise of their departure even closer to the residential properties

During a detailed discussion on the application the opportunity was given to all parties present to make a statement of their case and to ask relevant questions.  Panel Members also discussed the issues involved with the parties concerned.  The concerns of the residents were noted.  In response to a question from the Panel, the Applicant confirmed that she would accept the extended hours for Friday to Saturday only and also an earlier cessation of the sale of alcohol, to non-residents, and the playing of music to enable a half-hour ‘wind-down’ before closing.  She also agreed to investigate the provision of further sound-proofing and to instruct staff on the issue of not emptying bottles into outside bins late at night and the closure of doors and windows.

At the conclusion of this discussion the Applicant, her Solicitor, Objectors and the Licensing Officer left the meeting and the Panel went into private session to consider its decision.

During discussion on the application the Panel took into account the licensing objectives under the Act, national guidance and the Council’s licensing policy.  After consideration the Panel were minded to approve the application subject to amended hours as discussed and conditions covering the production of an operational guide for staff, the limitation of noise to the satisfaction of the Council’s Control of Pollution Officers, the closure of doors and windows by 22.30, no disposal of bottles during the night and the posting of notices to encourage suitable behaviour by patrons leaving the premises.  It was therefore:

RESOLVED: That the application for a variation to the premises licence at the Kings Arms Hotel, Stokenchurch be approved subject to the following amendments;

Opening Hours

·

On Sundays to Thursday from 10:00 to 00:30

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On Fridays and Saturdays from 10:00 to 02:00 (the following day)

·

On Sunday prior to Bank Holidays from 10:00 to 00:30

The Supply of Alcohol to non-residents and the performance of music (live or recorded)

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On Sundays to Thursday from 10:00 to 24.00

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On Fridays and Saturdays from 10:00 to 01:30 (the following day)

·

On Sunday prior to Bank Holidays from 10:00 to 24.00

Late night refreshment to non-residents

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On Sundays to Thursdays from 23:00 to 24:00

·

On Fridays and Saturdays from 23:00 to 01:30 (the following day)

Noise insulation shall be installed, fitted and maintained in such a manner as to control all sources of amplified music at the premises to the satisfaction of an authorised officer of the responsible environmental health authority.

An approved operational policy for staff to control the sources of noise nuisance shall be provided for the premises.  The policy is to be provided to the satisfaction of Licensing Authority prior to the licensable activities taking place.  This policy must be reviewed annually and updated following any complaints or alterations to the premises or licence.

Prominent, clear and legible notices are to be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly and to ensure that all rubbish and litter is placed in a bin or taken away from the vicinity of the premises.

Windows and doors to be closed by 22.30.

Bottles not to be disposed of outside between the hours of 22.00 and 07.30.

           

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___________________

CHAIRMAN

(The meeting commenced at 2.30 pm and concluded at 3.50 pm)