Agenda item

The Committee considered the report of the Senior Licensing Officer regarding an application for a temporary event notice (TEN) in respect of the Port of Call, 6 North Terrace, Seaham.

A copy of the location plan and application form had been circulated.

The temporary event notice was for the premises to extend the sale of alcohol and the provision of regulated entertainment for the screening of a TV Boxing Event on Sunday 2 June 2019 from 01:00 hours until 04:00 hours.

An objection was received from Durham Constabulary on the basis that the event would undermine the licensing objectives, namely the prevention of crime and disorder and the prevention of public nuisance. Durham County Council’s Environmental Health Department confirmed that they had no comments to make in relation to the TEN.

Inspector Stockdale speaking on behalf of Durham Constabulary indicated that Durham Constabulary were objecting to the TEN for the boxing match as this would undermine the licensing objectives. The boxing match was taking place in New York on the Saturday evening to Sunday morning. Due to the time difference and the fluid times the boxing match was to commence the boxing match may not be finished or even started when the TEN finishes at 4.00 am. If the TEN runs out before the boxing match was finished what would happen, this was also an exceptional night as there was also the Chelsea and Arsenal football match taking place that evening which would add to crime and disorder, as people would be drinking watching the football match. People would stay out to watch the boxing, so there would be a large amount of drinking time.

She then referred to the location of the premises as shown on the map circulated within the report that showed that the premises were in an area where there were a number of residential properties.

When leaving the premises patrons would turn left or right and would be walking through residential housing, there was also residential dwellings to the rear of the premises. There was a strong community view around noise from premises and residents wanted the licensable hours limited due to public nuisances and at least 5 residents were prepared to attend a meeting for a different premises. The policy recognised the need to live, but to bear the community in mind.

If the TEN was grated at 4.00 am, 100 patrons would be leaving the premises on mass in high spirits, play fighting which could progress. There would be a lot of noise and anti-social behaviour while people were trying to sleep. Looking at the infrastructure the last bus to Sunderland was 11.30 pm and 10.08 pm to Durham. Taxis did not operate after midnight unless pre-arranged appointment and the boxing times were fluid. There would also be no takeaways open, so patrons would be spilling out into a residential area with no amenities available.

She then referred to the restrictions around planning law and that it had been confirmed this morning that no planning permission had been granted for the premises to open beyond 11.00 pm. She needed to bring this to the attention of the committee and she would be taking further advice.

Speaking on behalf of the community, Inspector Stockdale indicated that the community did not support a 4.00 am closure of the premises due to the fear of crime. TENs were designed for legitimate community events not an opportunity to extend drinking times which would be to the benefit of the minority and residents would suffer.

Councillor Brown sought clarification if the Applicant had previously had a TEN. The Applicant confirmed that they had never had a TEN from Durham County Council.

The Council’s Solicitor asked Durham Constabulary if there were any issues associated with the premises. Durham Constabulary confirmed that there had been an incident recently but overall, there was no issues with the premises and they had worked with the Port of Call to reduce licensing activities.

The Council’s Solicitor then asked if there were anti-social problems in the area. Durham Constabulary responded that there were anti-social behaviour issues on the Front Street, Seaham which was a social location that was thriving but at a detriment to the public, which was why the community were in high voice.

The Council’s Solicitor then asked if there were any other licences premises in the area and if there were any problems. Durham Constabulary advised that there were other licensed premises in the area, but they had not applied for a TEN for this event and the problems associated with the area were not linked to the Port of Call.

Councillor Brown sought clarification if other premises in the area terminated at 11.00 pm. Durham Constabulary responded that it was 11.30 pm but there were issues with planning permission.

Councillor Blakey asked if other premises had obtained a TEN for the boxing event. Durham Constabulary responded that there were no other TENS for this event in the Seaham area but there had been TEN applications for other areas with they had looked at on an individual basis.

The Senior Licensing Officer advised Members that there was insufficient time for other premises to now serve a TEN notice for this event.

The Applicants were invited to address the Sub-Committee and indicated that any anti-social behaviour was not linked to their premises. The event would be ticketed with a maximum of 100 people with 2 door staff. He had contacted local taxi firms who had confirmed that they would be operating later if there would be a reassurance that there would be customers. Other premises in the area were open until 1.00 am, he had previously worked with Amy Guest to agree operating hours that worked with residents.

The Applicant’s continued that a previous TEN for a football event they had to empty the bar then open it up again which they did not have any issues with as it was not all about drinking and boxing fans were asking if there were going to be open and serving food.

The Senior Licensing Officer advised that the TEN would not allow the serving of food as they had not applied for this element.

The Applicant responded that in the past Sunderland City Council had asked them to provide food which they hadn’t applied for but was a condition asked for by the police.

The Applicant stated that they would withdraw the food element and just serve bar snacks.

Councillor Blakey sought clarification of what measures were in place if the match was outside of the TEN.

The Applicant responded that he had contacted Sky who had assured him that the match would be concluded by 4.00 am as the chances of all fights going the full 12 rounds was limited.

Councillor Wilson asked how they would ensure that residents were not disturbed when patrons were leaving the premises.

The Applicant responded that they would have door supervisors on the door and would ensure that patrons were not dispersed all at once.

At 1.25 pm the Sub-Committee Resolved to retire to deliberate the application in private. After re-convening at 1.45 pm the Chair delivered the Sub-Committee’s decision. In reaching their decision the Sub-Committee had considered the report of the Senior Licensing Officer, together with the written and verbal representations of the Applicant and Durham Constabulary. 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 application for the TEN be approved with the voluntary condition that the event be ticketed, and door staff be employed.