Agenda item

Report No: LSC/WS/22/008

The Lawyer (Litigation/Licensing) welcomed all present to the Hearing, and introductions to all parties were made.  He also drew attention to the procedure for the conduct of the Hearing as attached to the agenda.

 

The following parties were present at the Hearing:

 

(a)    Applicant

Colin Poole, Town Clerk for Haverhill Town Council and the premises licensee for Haverhill Recreation Ground.

 

The Licensing Officer presented the report, which explained that an application to vary an existing premises licence (Appendix A) was received on 11 July 2022 for Haverhill Recreation Ground.  This variation was to extend the hours for the licensable activities on the existing licence for a total of three event days per year and to add “alcohol on sales” for these three event days.  The current premises licence (Appendix B) authorised 20 events per year on the recreation ground, and the variation was to have 17 events as per the current premises licence, and just three event days with the extended hours and alcohol element. 

 

The licensable activities being proposed under the current licence was to extend the hours of licensable activities on a Friday to Sunday (which currently ended at 18:00) for a maximum of three events per annum being:

 

-      Alcohol On Sales

Friday 18:00 – 22:00

Saturday 12:00 – 22:00

Sunday 12:00 – 18:30

 

-      Performance and Dance

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

-      Live Music

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

-      Similar Entertainment

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

-      Performance Play

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

-      Recorded Music

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

The application had been served on all Responsible Authorities.  Comments had been received from West Suffolk Council’s Private Sector Housing and Environmental Health Team.  The authority had raised concerns around sound disturbance and requested additional conditions be added to the Operating Scheduled in order to conform to the positive promotion of the four Licensing objectives.  The applicant had consented in writing to the additional conditions (attached at Appendix C), and these would therefore be automatically applied to the licence, if granted.

 

A total of two valid representations had been received from “other persons” within the statutory time frame objecting to the application and the details of these representations were attached at Appendix D.

 

The Sub-Committee was therefore asked to determine the application and in reaching a decision, Members were advised to consider the Licensing Act 2003, the Guidance on the Act and the Council’s Statement of Licensing Policy.

 

The Sub-Committee then heard submissions from those parties present at the hearing.

 

In presenting his case the Applicant, Colin Poole explained that he had responded to representations received who had raised concerns about the sale of alcohol and the public protection order in place on the recreation ground.  He then explained the three-day family fun event had been moved from the Market Square in Haverhill to the recreation group due its popularity.  The three-day event held on 19 to 21 August 2022 was held on the Recreation Ground, under a Temporary Event Notice (TEN) for alcohol, and the entertainment was provided under an exemption notice between 8am and 11pm.  A specific area was fenced off for the event on the recreation ground, which stopped people entering the site with their own alcohol or if they were under the influence.  This enabled the control of the sale of alcohol under the TENs event notice.  Ten SIA officers were on site.  It was a fun, family event and there was not anti-social behaviour associated with the event.

 

The Sub-Committee posed specific questions to the applicant and the Licensing Officer present at the hearing, to which responses were provided.

 

Colin Poole summed up by stating first that he would like recorded his thanks to the Licensing Officers for their help in ensuring Haverhill Town Council did every properly and adhered to the licensing rules.  Secondly, he explained that the variation had been submitted to demonstrate that Haverhill Town Council could organise very safe and friendly events on the Haverhill Recreation Ground.

 

The Sub-Committee then moved into a private meeting to have discussions to give further consideration to the matter.

 

Following all parties’ returning to the meeting, the Lawyer (Litigation/Licensing) advised on the Sub-Committee’s decision in that events had been organised well and had demonstrated they could be properly and safely operated.

With the vote being unanimous, it was

 

          RESOLVED:

 

That, having taken into account all representations received, both in writing and orally, the Sub-Committee was satisfied for the application to vary the premises licence to be GRANTED for an indefinite period as follows:

 

1.   Supply of Alcohol (Supply of alcohol (on sales)

Friday 18:00 – 22:00

Saturday 12:00 – 22:00

Sunday 12:00 – 18:30

 

2.   Performance and Dance (Outdoors)

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

3.   Provision of Live Music (Outdoors)

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

4.   Similar Entertainment (Outdoors)

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

5.   Performance of Plays (Outdoors)

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

6.   Provision of Recorded Music (Outdoors)

Friday and Saturday 18:00 – 22:00

Sunday 18:00 – 18:30

 

7.   All conditions in Appendix C are applied to the licence.

 

The Lawyer (Litigation/Licensing) concluded the Hearing by advising on the Right of Appeal against the determination of the Authority.