Decision:
AB
DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE
REVIEW OF THE PREMISES LICENCE – MANSFIELD SNOOKER CLUB, 119a LINCOLN ROAD, PETERBOROUGH
21 AUGUST 2014
This Decision Notice refers to the review of the premises licence Mansfield Snooker Club, 119a Lincoln Road, Peterborough.
We have considered the representations made to us today and in writing in support of the review by:
The representations received were made in respect of the Licensing Objectives:
In our deliberations we considered the various options available, these being:
We therefore agree to reduce the opening hours of the premises, known as Mansfield Snooker Club, 119a Lincoln Road, Peterborough from 8.00am until 3.00am and to modify the conditions of the premises licence to include those conditions as requested by the police as below and as agreed by the Premises Licence Holder:
The Sub-Committee have also agreed to the implementation of further conditions requested by the police as below:
The reasons for the Sub-Committee’s decision include:
In relation to the conditions recommended by Pollution Control, the Sub-Committee felt that there was no evidence presented on which to base the addition of these conditions to the license.
The Sub-Committee’s decision reflects the evidence supplied by the police and the Committee did not feel that it was appropriate nor proportionate to reduce the hours of operation of licensable activities from 8.00am to 11.00pm.
The Sub-Committee feel assured that should further intervention be required this will be dealt with expeditiously by the relevant authority and it suggests that ongoing mediation between the police, the local community and the Premises Licence Holder be explored.
Any party in objection to the decision may appeal to the Peterborough Magistrates Court within 21 days of receiving this formal notice at:
Peterborough Court House, Bridge Street, Peterborough, PE1 1ED. Tel No. 0845 3100575. There is a fee to pay.
Councillor Thacker M.B.E.
Sub-Committee Chairman
Minutes:
4. Application |
Review of Premises Licenses, Mansfield Snooker Club |
4.1 Application Reference |
069719 |
4.2 Sub-Committee Members |
Councillor Thacker (Chairman) Councillor Hiller Councillor Davidson
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4.3 Officers |
Adrian Day, Licensing Manager Darren Dolby, Licensing Regulatory Officer Terri Martin, Licensing Regulatory Officer
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4.4 Applicant |
Cambridgeshire Constabulary |
4.5 Nature of Application |
Application Type
Review of Premises License
Summary of Application
To consider and determine an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003 for Mansfield Snooker Club, taking into account the representation made by Cambridgeshire Constabulary in their capacity as a Responsible Authority and the representation in support of the review by Peterborough City Council’s Pollution Control Team, also a Responsible Authority. There had also been representations in support of the review from the Millfield and New England Regeneration Partnership (MANERP) and a local Councillor in their capacity as ‘other persons’. The review was brought under the Prevention of Crime and Disorder and Public Safety objectives.
A summary of the issues raised within the representations included:
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4.6 Licensing Objective(s) under which representations were made |
1. Prevention of Crime and Disorder 2. Public Safety |
4.7 Parties/Representatives and Witnesses present |
Responsible Authorities
Sgt. Haley Richardson, Cambridgeshire Constabulary Dorothy Poecock, Pollution Control Officer Karen Woods, Trading Standards
License Holder and Representative
Gohar Darr, License Holder Alan Aylott, License Holder Representative
Ward Councillor
Councillor Khan
Other Persons
Brian Gascoigne, Millfield and New England Regeneration Partnership
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4.8 Written Representations |
Other Persons
Consideration was given to the written representation from Brian Gascoigne, attached to the report at Appendix D. |
4.9 Facts/Issues in Dispute |
Issue 1
Whether the update of the premises license conditions would further support the ‘Prevention of Crime and Disorder’ Licensing Objective.
Issue 2
Whether the update of the premises license conditions would further support the ‘Public Safety’ Licensing Objective. |
4.10 Oral Representations |
The Regulator Officer addressed the Sub-Committee and outlined the main points with regards to the application. The key points raised in the address included the Prevention of Crime and Disorder and the Public Safety.
Responsible Authorities
Sgt. Haley Richardson, representative for Cambridgeshire Constabulary, addressed the Sub-Committee. The key points raised during her address, and following questions from the Sub-Committee and License Holder and his representative, were as follows:
License Holder & License Holder Representative
Gohar Darr, the License Holder, and Alan Aylott, the License Holder representative, addressed the Sub-Committee. The key points raised during his address, and questions from the Sub-Committee, were as follows:
Responsible Authorities
Dorothy Poecock, the Pollution Control Officer outlined the points with regard to the application. The key points raised during her address, and questions from the Sub-Committee, the License Holder and his representative were as follows:
Ward Councillor
Councillor Khan, the ward councillor, addressed the Sub-Committee. The key points made during his address, and questions from the Sub-Committee, the License Holder and his representative were as follows:
Other Persons
Brian Gascoigne, the Millfield and New England Regeneration Partnership representative, addressed the Sub-Committee. The key points made during his address, and questions from the Sub-Committee, the License Holder and his representative were as follows:
Summing up
All parties were given the opportunity to summarise their submissions.
License Holder / License Holder’s Representative
The License Holder’s Representative stated that the website from which the data had been taken for the exhibits was an officially recognised police website. There were other reasons and rationale behind the occurrence of crimes besides the establishment not being managed properly. It was disputed that the club was controlled by criminal elements. Complaints should be made by residents to the club or the environmental health officer. The club’s measures were sufficient to support the licensing objectives. There were conditions on the premises for 16 year-olds to not be allowed on the premises after 23:00.
The License Holder added that he was more than willing to co-operate with the council. The club was not the only thing in the area which could have people drinking large amounts of alcohol. The club did not play music, and therefore complaints about music would have to be addressed elsewhere.
Ward Councillor
Councillor Khan stated that the difficulty lied within residents not being able to distinguish where noise complaints came from. When members of the club congregated outside the club to leave or smoke, there was a significant amount of noise, which affected residents’ quality of life.
Responsible Authorities
Dorothy Poecock, the Pollution Control Officer stated that this was an opportune moment to update the licensing conditions, which is why it had been brought to the committee.
Sgt. Haley Richardson, representative for Cambridgeshire Constabulary stated there was a significant amount of evidence suggesting staff were not able to control customers and were in fear of their own customers, and that one in particular staff member stated she was willing to make a witness statement. One member staff had called her boyfriend rather than the police to address a customer, but this had not been recorded in the log book. It could not be risked for things to go back to how they were. Whilst small details could be disputed, there had been significant instances of violence at the establishment which could not be ignored.
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4.11 Decision |
The Sub-Committee listened to all the evidence put before it and also took into account the contents of the application and all representations and submissions made in relation to it. The Sub-Committee found as follows:-
In their deliberations, the Sub-Committee considered the various options available, these being:
They therefore agreed to reduce the opening hours of the premises, known as Mansfield Snooker Club, 119a Lincoln Road, Peterborough from 8.00am until 3.00am and to modify the conditions of the premises licence to include those conditions as requested by the police as below and as agreed by the Premises Licence Holder.
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Supporting documents: