Agenda Item 2 - Meetings, agendas, and minutes - Oxford City Council [PDF]

May 26, 2015 - Oxford. Crime & Disorder, Public. Nuisance. Miranda Jones. 3 West Street,. Oxford. Public Nuisance. S

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Idea Transcript


Agenda Item 2

To:

Licensing & Gambling Acts Casework Sub-Committee

Date:

26 May 2015

Report of:

Head of Environmental Development

Title of Report:

Holly Bush Property Ltd – Application for a New Premises Licence: The Holly Bush Inn, 106 Bridge Street, Oxford, OX2 0BD

Application Ref:

15/01192/PREM

Item No: 2

Summary and Recommendations Purpose of report: To inform the determination of Holly Bush Property Ltd’s application for a New Premises Licence for The Holly Bush Inn, 106 Bridge Street, Oxford, OX2 0BD Report Approved by: Legal: Daniel Smith Policy Framework: Statement of Licensing Policy Recommendation(s): Committee is requested to determine Holly Bush Property Ltd’s application taking into account the details in this report and any representations made at this SubCommittee meeting.

Additional Papers:

Appendix One:

Application for a New Premises Licence

Appendix Two:

Representations from Responsible Authorities

Appendix Three:

Agreement of Applicant to Licensing Authority & Thames Valley Police proposed hours

Appendix Four:

Agreement of Applicant to Licensing Authority & Thames Valley Police proposed conditions

Appendix Five:

Representations from Interested Parties

Appendix Six:

Location Map

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1

Introduction 1.

This report is made to the Licensing & Gambling Acts Casework SubCommittee so it may determine in accordance with its powers and the Licensing Act 2003 whether to grant a New Premises Licence to Holly Bush Property Ltd.

Application Summary 2.

An application for a New Premises Licence has been submitted by Holly Bush Property Ltd. A summary of the licensable activities applied for and the times proposed for these activities can be found detailed below. Films (indoors only): Sunday – Thursday Friday - Saturday Notable Days* New Year’s Eve May Day

10:00 10:00 10:00 10:00 10:00

Until Until Until Until Until

00:00 03:00 03:00 10:00 on New Year’s Day 10:00 on 2nd May

Live Music (indoors only): Sunday – Thursday Friday - Saturday Notable Days* New Year’s Eve May Day

18:00 18:00 10:00 10:00 10:00

Until Until Until Until Until

23:00 00:00 03:00 10:00 on New Year’s Day 10:00 on 2nd May

Recorded Music (indoors only): Monday – Saturday 10:00 Sunday 10:00 Notable Days* 10:00 New Year’s Eve 10:00 May Day 10:00

Until Until Until Until Until

Midnight 23:00 03:00 10:00 on New Year’s Day 10:00 on 2nd May

Late Night Refreshment (provided indoors only): Sunday – Thursday 23:00 Until Midnight Friday – Saturday 23:00 Until 03:00 Notable Days* 23:00 Until 03:00 New Year’s Eve 23:00 Until 05:00 on New Year’s Day May Day 23:00 Until 05:00 on 2nd May Sale of Alcohol (on sales only): Sunday – Thursday 10:00 Friday – Saturday 10:00 Notable Days* 10:00 New Year’s Eve 10:00 May Day 10:00

Until Until Until Until Until

Midnight 03:00 03:00 10:00 on New Year’s Day 10:00 on 2nd May

*Notable Days: Christmas Eve, Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Saturday, Easter Sunday, Easter 32 Monday. 2

3.

Both the application and the steps that the applicant intends to take to promote the licensing objectives (as set out in the operating schedule) can be found at Appendix One.

Relevant Representations 4.

5.

Valid representations have been received from the Responsible Authorities as detailed in the table below. Copies of these representations are attached at Appendix Two. Responsible Authority

Response

Licensing Authority:

Yes

Thames Valley Police: Fire & Rescue Service: Environmental Health: Health and Safety: Planning: Trading Standards: Child Safeguarding:

Yes No Representation No Representation No Representation No Representation No Representation No Representation

Licensing Objective(s) Crime & Disorder, Public Nuisance, Protection of Children from Harm Crime & Disorder

Following receipt of the representations from both the Licensing Authority and Thames Valley Police and lengthy dialogue with the Licensing Authority, the applicant has agreed to amend the application, and the details of the amended hours are detailed below (a copy of the applicants agreement to the hours proposed by the Responsible Authorities is attached at Appendix Three): Films, Live Music, Recorded Music (indoors only): Sunday – Thursday 10:00 Until Friday - Saturday 10:00 Until Notable Days* 10:00 Until New Year’s Eve 10:00 Until On 12 occasions per calendar year** 10:00 Until

23:30 00:00 02:00 10:00 New Year’s Day 02:00

Late Night Refreshment (provided indoors only): Sunday – Thursday 23:00 Until Friday – Saturday 23:00 Until Notable Days* 23:00 Until New Year’s Eve 23:00 Until On 12 occasions per calendar year** 10:00 Until

23:30 00:00 02:00 05:00 New Year’s Day 02:00

Sale of Alcohol (on sales only): Sunday – Thursday Friday – Saturday Notable Days* New Year’s Eve On 12 occasions per calendar year**

23:30 00:00 02:00 10:00 New Year’s Day 02:00

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10:00 10:00 10:00 10:00 10:00

Until Until Until Until Until

*Notable Days: Xmas Eve, Boxing Day, all Bank Holidays that fall on a Friday, the Saturdays and Sundays that immediately follow a Bank Holiday that falls on a Friday or immediately precede a Bank Holiday that falls on a Monday. **12 Occasions per Calendar Year: But not exceeding one occasion per calendar month, and subject to the premises licence holder providing notification 14days in advance to the Licensing Authority, Thames Valley Police and the Environmental Health Service 6.

Furthermore, the applicant has agreed to the implementation of all of the conditions proposed by the Licensing Authority and Thames Valley Police as attached at Appendix Four, in place of any of the conditions proposed by himself within the Operating Schedule of the application.

7.

Such an agreement to the hours and conditions proposed by the Licensing Authority and Thames Valley Police has satisfied the objections both Responsible Authorities had raised. The Environmental Health Officer was satisfied that the conditions proposed by the Licensing Authority satisfied any concerns that Responsible Authority may have held.

8.

Valid representations have been received from various Interested Parties as detailed in the table below. Copies of these representations are attached at Appendix Five. Name Tony Roberts Robert Summers Jude Carroll Noel & Pauline Martin Name Withheld Sophie Law Julia Hamilton Miranda Jones Silke Ackerman & Hans Peter Gloeckner Councillor Susanna Pressel Muriel & Archibald Hendry Jill Moss

Address 1 Bridge Street, Oxford 69 Bridge Street, Oxford Not Supplied 112 Bridge Street, Oxford Address Withheld 34 Abbey Road, Oxford 2 West Street, Oxford 3 West Street, Oxford 4 North Street, Oxford Ward Member 80 Bridge Street, Oxford Not Supplied 4

34

Licensing Objective(s) Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance, Public Safety, Protection of Children from Harm

Jon Cox Shelby Tucker Joanna F. Muller Carole Tucker Dr Ravi Vaidyanathan Simon Stubbings Simon Pressey Dr Uttara Natarajan

Dr Garrett M Morris

Robert Mealing Susan Lloyd Sylvia Hunt Barbara & David Hammond Peter Newell Jocelyn Wogan-Browne & Howard Robinson Anna Truelove Dave Horner Simon Collings & Jane Buekett John Gardiner David Claridge Hartmut Mayer Frances Riches Roger Keys

West Street, Oxford 7 West Street, Oxford 1 East Street, Oxford 7 West Street, Oxford 104 Bridge Street, Oxford 30 East Street, Oxford West Street, Oxford 104 Bridge Street, Oxford 73 Bridge Street, Oxford 73 Bridge Street, Oxford Address Not Supplied Address Not Supplied 63 West Street, Oxford 23 West Street, Oxford 16 South Street, Oxford 83 Bridge Street, Oxford 84 Bridge Street, Oxford 26 South Street, Oxford Bridge Street, Oxford 64 West Street, Oxford 1 Swan Street, Oxford 8 Swan Street, Oxford West Street, Oxford

35

5

Public Nuisance, Public Safety Crime & Disorder, Public Nuisance, Public Safety Public Nuisance Public Nuisance, Public Safety Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance, Public Safety Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance, Public Safety, Protection of Children from Harm Crime & Disorder, Public Nuisance, Public Safety Public Nuisance, Public Safety Public Nuisance, Public Safety Public Nuisance, Public Safety Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance, Public Safety Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Crime & Disorder, Public Nuisance Public Nuisance Crime & Disorder, Public Nuisance

Location 9.

A map is attached at Appendix Six showing the general location of the applicant’s premises, and the proximity to the premises of those who have raised objections to the application.

Statement of Licensing Policy 10. The Sub-Committee is referred to the Council’s Statement of Licensing Policy*. In particular, the following paragraphs have a bearing upon the application: Relevant Policy Matters

Sections 7.5.1 to 7.5.2 7.5.16 to 7.5.19 8.3.1 Crime and Disorder: 8.4.1 to 8.4.4 8.6.1 to 8.6.3 8.7.1 to 8.7.2 7.5.22 to 7.5.24 Public Safety: 8.2.1 to 8.2.3 7.3.1 to 7.3.10 Public Nuisance: 6.1.1 to 6.2.2 Protection of Children from Harm: 6.3.1 to 6.3.3 5.1.1 5.2.1 Licensing Hours: 5.3.1 to 5.4.2

Policy PP1 PP10 OS7 OS8 OS10 OS11 PP13 OS2 to OS6 LA4 to LA6 CH1 to CH4 CH6 to CH9 LH3 LH4 to LH5 LH6 to LH7

11. A number of changes have been made to the Licensing Act 2003 in recent times by the Police Reform and Social Responsibility Act 2011, the Live Music Act 2012 and the Deregulation of Schedule 1 of the 2003 Act. 12. The Authority’s Statement of Licensing Policy has not yet been revised following the introduction of these changes, the above sections from the current Policy do not reflect these changes which include removing the “vicinity test” for interested parties and amending the wording of the 2003 Act so that conditions imposed on licences must now be “appropriate to the promotion of the Licensing Objectives” rather than “necessary”. 13. A copy of the Statement of Licensing Policy may be obtained from the Council Offices or found online at: www.oxford.gov.uk/licensing Home Office Statutory Guidance 14. Members are also referred to the statutory guidance issued by the Home Office. Of particular relevance to this application are the following matters: Relevant Sections

Relevant Paragraphs

Crime and Disorder: Public Safety: Public Nuisance: Protection of Children From Harm:

2.1 to 2.5 2.6 to 2.13 2.14 to 2.20 2.21 to 2.31

6

36

15.

A copy of the Home Office Statutory Guidance may be found online at: www.gov.uk/government/publications/revised-guidance-issuedunder-section-182-of-the-licensing-act-2003

Other Relevant Considerations 16. The Sub-Committee is reminded of its responsibilities under the Crime and Disorder Act 1998 (to co-operate in the reduction of crime and disorder in Oxford) and the Human Rights Act (which guarantees the right to a fair hearing for all parties in the determination of their civil rights, and also provides for the protection of property, which may include licences in existence, and the protection of private and family life) when considering the fair balance between the interests of the applicant and the rights of local residents. Any decision taken by the Sub-Committee must be necessary and proportionate to the objectives being pursued. 17. Members are reminded that whenever they make a decision under the Licensing Act 2003, they have a duty to act with a view to promoting the licensing objectives. 18. When considering any representations, only those issues relating to the four licensing objectives should be considered and appropriate weight given to the importance and relevance of each representation. 19. In making its decision, Members must also have regard to the Home Office statutory guidance issued under section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 20. The Sub-Committee must take such of the following steps as it considers appropriate for the promotion of the licensing objectives: a) Grant the licence in accordance with the application. b) Modify the conditions of the operating schedule by altering or omitting or adding to them. c) Exclude or restrict from the scope of the licence any of the licensable activities to which the application relates. d) Reject the whole of the application. The Sub-Committee may also grant the licence subject to different conditions for different parts of the premises or the different licensable activities. 21. Members are asked to note that they may not modify the conditions or reject whole or part of the application merely because they consider it desirable to do so. It must be appropriate to do so in order to promote the licensing objectives. Any such step must relate to a relevant representation made. 22. If Members grant the application, the details of the operating schedule will be incorporated into the licence as conditions. The licence will also be subject to certain mandatory conditions.

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23. Members should note that the applicant or persons making representations have the right of appeal against the decision made by the Sub-Committee.

Name and contact details of author:

8

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Allan Hibberd Licensing Officer Environmental Development Tel: 01865 252169 Email: [email protected]

APPENDIX ONE

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