Agenda item

The Committee considered a report of the Senior Licensing Officer regarding an application for the grant of a Premises Licence in respect of Spennymoor Town Football Club, Brewery Field, Durham Road, Spennymoor (for copy see file of Minutes).

A copy of the application and supporting documents had been circulated to Members. The Senior Licensing Officer advised that Environmental Health had withdrawn their objection following mediation with the applicant’s Solicitor. Details of the proposed amendments to the application together with the proposed Noise Management Plan had been circulated to all parties. Members were also informed that other persons Mr and Mrs Suffield had withdrawn their objections following a meeting with the applicant. The one remaining objection was other person Mr Purvis who was not in attendance and who had not engaged with the Licensing Authority since the submission of his representations.  

Debra Swinburn, the applicant’s Solicitor was invited to address the Sub-Committee. Members were informed that the original application had been amended to take into account concerns. Referring to the representations by Mr Purvis about the impact of noise, traffic, parking and drunken behaviour in a built up area with elderly accommodation and young families, the Solicitor believed that these concerns had been taken on board and addressed in the amended application, which demonstrated an ongoing willingness to engage with residents. The Football Club was a community facility for all residents. The Solicitor offered to advise Members how each of the concerns had been addressed in the amended application which she considered promoted the licensing objectives and was in line with Council policy.

In response to a question from Councillor Blakey regarding the age of the residential properties surrounding the Club, Members were informed that some properties had been erected in the last 2 or 3 years but others such as Tees Crescent had been there for many years. The Football Club had been in the location since 1901. An acoustic fence had been erected to mitigate against noise with ongoing improvements to the ground to facilitate the Club’s activities and to provide a community facility.

Following a further question from Councillor Blakey about the nature of events to be held by the Club, Members were informed that functions would include, for example, family fun days and a music festival. There were no specific functions planned but the Noise Management Plan required the Club to engage with local residents when organising events.

Councillor Brown asked if there had been any complaints received from residents in the past. The applicant’s Solicitor advised that she was not aware that any had been made to the Club, and Members were informed by the Senior Licensing Officer that none had been received by Environmental Health in connection with noise. However, in view of the proposal for outdoor events a Noise Management Plan had been required as part of the mediation with Environmental Health.

The applicant’s Solicitor was invited to sum up but had nothing further to add.

At 10.20am the Sub-Committee Resolvedto retire to deliberate the application in private. After re-convening the hearing at 10.30am the Chair delivered the Sub-Committee’s decision.

In reaching their decision the Sub-Committee had considered the report of the Senior Licensing Officer and additional information, the written representations of ‘other person’ Mr Purvis and the verbal and written representations of the applicant’s Solicitor. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

Resolved:

That thePremisesLicence be granted asfollows:

Thefollowingadditionalconditionsbe included following mediation with Durham Constabulary:-

Theprevention of crime and disorder

i.      Initialstafftrainingto becarriedoutbyDPSorapprovedmemberof stafftoensure no alcoholis soldtoanyoneunderage and refresher trainingto becarried out every6 months.

ii.     Trainingrecordsto bekeptforeverymemberofstaffandendorsed after everytrainingsession.  Therecordswill be made availableto officers andresponsible authorities when requestedtodoso.

iii.     CCTVwillbefullyinstalledandworkingwithin6 monthsofthelicence being granted.  Itwill be providedin the formofa recordable system, capableof providingpictures of evidential quality.

iv.    Cameras shall encompasstheinside andoutsideofallentrances and exitsto theclubhouse/permanent buildingsand all areas wherethe sale/supplyof alcoholoccurs.

v.    Equipment must bemaintainedin goodworking order,becorrectly time anddatestampedandkeptfor aperiod of 28days.

vi.   ThePremiseLicenceHolder must ensureat alltimestheDPSor appointed member of staffis capable andcompetent at viewingthe CCTVand downloading the footageonto adisc,hard driveormemory stick whenrequestedto doso bythepolice/local authority.

vii.    Therecordingequipmentanddiscs/memorysticks shallbekeptina secure environmentunderthecontroloftheDPS or otherresponsible namedindividual.

viii.   Anoperationalmonthlylogreportmustbemaintainedandendorsedby asignature,indicatingthesystemhasbeencheckedandis compliant; intheevent ofanyfailings actionstaken areto be recorded.

ix.    Ifdoorsupervisorsare usedanoperationaldailylogmustbekept documentingdoorsupervisorinformation.  Thisis toinclude full name, date of birth, full badgenumber,contact phonenumber,security companies’nameandstart andfinishtimes.

x.   No glass bottles/containers to betakenoutside, all will be decantedinto plastic   glasses.

Publicsafety

i.      Fire exits andfireequipmentclearlymarked.

ii.     All staff mustbe awareofrequirementsregardinghealth and safety.

iii.     First aidfacilities will be available.

iv.    Anincidentlogwill be keptat all times.

Theprotection of children from harm

i.      A proofof agepolicyin placefor peopleunder25years of ageviathe Challenge25scheme.

ii.     Theonlyforms of identificationwhich will be accepted area passport,a photo drivinglicence and‘PASS’ hologramID.

iii.     Arefusal register will be keptandendorsed after everysalerefused, this is to includeover 18’s purchasingalcoholandpassingit tounder 18’s (proxysales).

The following additionalconditionsbe addedfollowingmediationwiththe Local Safeguarding Children’sBoard:-

General

i.      Training of staff– allstaffresponsible forsellingagerestrictedgoodsto be trainedto implementtheageverificationpolicy.   Stafftrainingto includetheriskfromproxysales.    Training recordsfor staff to be maintainedandrefresher trainingtobeprovidedannually.

The following additional conditions be added followingmediation with EnvironmentalHealth:-

i.       TheProvisionofLiveMusic,RecordedMusic,PerformanceofDance, Anythingofa SimilarDescriptionbelimitedto4 outsideeventsper year.

ii.    Duringperiodsofregulatedentertainmenta noisemanagement plan shallbeimplementedforoutdoor music eventsincludingthosetaking placein a tent.   Thenoise management planshall document and demonstratehow compliancewiththeNoiseCouncil1995‘Codeof PracticeonEnvironmentalNoiseControlatConcerts’willbeachieved tominimisenoiseimpactonresidentsofthesurroundingarea.   The NoiseManagementPlanshallbesubmittedtothelicensing authority for approval no later than14days prior tothefirst eventeachyear.

iii.     Wherea musiceventis duetotakeplacethelicenseeshallappointa suitablyqualifiedandexperiencednoise controlconsultanttothe approvaloftheLicensing/NoiseRegulatoryAuthority nolater thansix weeks priorto theevent.    The noise control consultant shall liaise betweenallpartiesincluding the Licensee, promotor,soundsystem supplier,soundengineer andtheLicensing/NoiseRegulatory Authority etc. on allmatters relatingto noisecontrol prior toandduringthe event.

iv.    Anoisepropagationtestshall be undertaken at leasttwohours priorto thestartoftheeventin order tosetappropriatecontrollimits atthe sound mixer position.   The soundsystemshallbeconfigured and operatedina similarmanner as intendedfortheevent.Thesound sourceusedforthetestshallbesimilarincharacterto themusiclikely tobe producedduringtheevent.

Thefollowing conditionsbe included in theOperating Schedule:-

General

i.      Fullytrainedstaffwhowillpromotemeasuresto supportalllicensing objectives.

ii.     Policiesandproceduresin placeto ensuresafetyofallpatronsand interestedparties.

iii.     Maintainproperty,insideandout,includingrelevantsignageandlitter bins topromote all licensingobjectives.

iv.    Applicants’willingness to co-operatewith all interested parties to promotelicensingobjectives.

ThePrevention of Crime and Disorder

i.      Evidenceof ageidentificationprocedures in operation– supportof challenge25policy.

ii.    Fullytrained bar staffemployedtoensuresafetyanddiscourageanti-social behaviour.

iii.     All staffwill be trainedinresponsibleservice.

iv.    Risk assessmentsandtrainingproceduresto prevent use or supplyof illegal drugs.

v.     Applicantwillingto participatein pubwatchscheme.

vi.    Promotestronglinks withcommunity.

PublicSafety

i.      Fullytrained bar staffwill be employed.

ii.     Controlonnumber of patrons.

iii.     Risk assessmentsandtrainingprocedures will be operatedtomonitor

         physical state of buildingandoutside areas.

iv.    Stafftrainedin firstaid.

v.     Electrical andfiresafetymonitoredwith electrical checksandfire equipmentin place.

ThePrevention of publicnuisance

i.      Provisions of litter binsandashtrays outside.

ii.     Adequatecarparking,bus stopsandtaxis availablein thearea.

iii.     Adequatelevel of lightingoutside.

iv.    Applicantwillingto participatein pubwatchscheme.

v.     Provisions for signsto remindcustomers toleavequietly.

TheProtection of Children from Harm

i.    Fullytrainedstaffwithknowledgeoflicensingobjectives and provisions.

ii.     Bar   staff   trained   in   responsible   service   and   evidence   of age identificationprocedures in operation– supportofchallenge25policy.