Agenda item

Members: Councillors J Maitland (Chairman), L Brown and L Kennedy

The Committee considered the report of the Corporate Director, Regeneration and Local Services regarding an application for the variation of a premises licence in respect of The Three Tuns, 3 Association Street, Shildon (for copy of report, see file of Minutes).

A copy of the application and location plan had been circulated together with copies of the representations received, additional information from the applicant and responses from responsible authorities.

The Senior Licensing Officer presented the report and advised Members that the variation was purely to extend the opening hours in the morning. The authority had received 17 letters during the consultation. Councillors Nicholson and Quinn withdrew their objection after receiving information from the licensing authority in relation to the operating schedule which alleviated their concerns. Five letters were deemed relevant and attempts were made to validate the 10 pre-printed letters which were written by Mrs Linsley and signed by residents but only 2 responses had been received.

Durham Constabulary, County Durham and Darlington Fire and Rescue Authority, Local Safeguarding Children Board and Planning had no comments to make on the application. No response had been received from Environmental Health.

The Council’s Solicitor sought clarification on the letters that had not been verified and if Licensing had any records of complaints for the premises.

The Senior Licensing Officer advised the Sub-Committee that they had written to these objectors with details of the application and asked if their objection remained or if they wished to withdraw but only two responses had been received. She also confirmed that they had no record of any complaints.

Councillor Nicholson who was in attendance on behalf of Mrs Linsley, an objector who was unable to attend the meeting. He read out a statement from Mrs Linsley that apologised for her being unable to attend the hearing and that crime and disorder was evident, they were subject to swearing from the beer garden which was worse on a weekend. They were also subjected to doors slamming and patrons did not leave the premises quietly and the beer garden was not secure. They were unable to enjoy their garden on an evening and weekend and they were unable to open their windows.

From a Public safety point of view, bottles were left in the road and there was drunk drivers.

In relation to Section 9 public nuisance – their child was disturbed by noise and pollution and the live music meant they were unable to open their windows. She had been put onto medication for anxiety and the area was unsafe due to fights breaking out. Music played from 9.00 am to past midnight was unacceptable and it was not necessary to be open 9.00 am on a Sunday. The singer used loud speakers which was disturbing.

The Applicant indicated that his licence did not allow live music after 11.15 pm and live music was never played in the beer garden, it was only indoors and he complied with his current licence.

The Chairman sought clarification that the variation was for additional time on a morning.

The Applicant indicated that B and M opens early every day and 10.00 am on a Sunday.

The Council’s Solicitor asked if the 9.00 am start was to enable them to serve breakfasts.

The Applicant responded that patrons hung around after breakfast for them to open, he was unable to develop the business on an evening so the only opportunity was to develop it on a morning without any inconvenience.

Again the Council’s Solicitor asked if he intended to serve breakfasts or just alcohol.

The applicant confirmed it was alcohol only and that he had been a licensee for 21 years and was chairman of pub watch. The very first incident was a petition in Oct 2015 on the waving of spades which was untrue and most of the items in the petition was down to gossip. The lady who lived two doors away from the premises wished him luck for today and hoped he did well. He was accused of not completing the blue form correctly as he had not included food but this was not the case as food would not be provided.

The Council’s solicitor sought confirmation that the objections were in relation to late night rather than early morning.

The Applicant referred to the petition and how he could not believe how Mrs Linsley had portrayed him and if she had only taken the time to come and see him instead of only dealing with him over the telephone.

Councillor Brown sought clarification if the fence in the beer garden was broken.

The Applicant responded that the fence was no longer broken as it was suggested at a recent pact meeting that the fence be fixed. He also indicated that taxis don’t park in the street and he had asked them not to sound their horn.

The Council’s Solicitor asked if the notes on page 111 were from the pub watch meeting.

The Senior Licensing Officer confirmed that she had checked the information with Durham Constabulary who confirmed it was correct.

Councillor Nicholson indicated that the press article gave the impression that the variation was for later in the evening.

The Senior Licensing Officer indicated that the legislation required the notice to give a brief summary then contact Licensing for further details. There was nothing misleading in the notice and she had a copy of the notice if members wished to view it.

The Applicant confirmed that the notice gave the current hours and that he wanted to open earlier on a morning and that he regretted not putting a letter through his neighbour’s doors explaining what his intention was.

At 11.55 am the Sub-Committee resolved to retire to deliberate the application in private. After re-convening at 12.05 pm the Chair delivered the Sub-Committee’s decision.

In reaching its decision the Sub-Committee had considered the report of the Senior Licensing Officer, the written and verbal representations of the Applicant and other persons. 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 the variation of the premises licence be granted as follows:-