Report to:

Licensing Sub-Committee

Date:

9 November 2023

Title:

Application to vary the Premises Licence of Things Happen Here, Meadowbrook Community Centre, Shinners Bridge, Dartington, Totnes, TQ9 6JD

Portfolio Area:

Customer First

Wards Affected:

Dartington and Staverton

Relevant Scrutiny Committee:

 

Urgent Decision:

N

Approval and clearance obtained:

 

 

 

 

 

Author:

Naomi Stacey

Role:

Senior Specialist - Licensing

Contact:

01803  861268  / naomi.stacey@swdevon.gov.uk

 

 

 

 

Recommendations:  

That the Sub-Committee consider the application for a variation to the Premises Licence and make determinations in respect of this application, namely:

 

(a) to modify the conditions of the licence;

(b) to reject the whole or part of the application;

 

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

 

The decision must be in line with the licensing objectives contained within the Licensing Act 2003.

 

 

 

 

 

1.        Executive summary

 

1.1     The purpose of the Licensing Sub-Committee meeting is to determine an application for a variation to the Premises Licence at Things Happen Here, Meadowbrook Community Centre, Shinners Bridge, Dartington, Totnes, TQ9 6JD in accordance with Section 35 of the Licensing Act 2003.

 

1.2     The Licensing Department have received seven representations in objection to the application and therefore the application will need to be determined by the Licensing Sub-Committee.

 

2.        Background

 

2.1     The Licensing Authority received an application from Things Happen Here Ltd to vary their premises licence on 26 September 2023. The application is to:

 

·         Include the provision of live and recorded music (indoors and outdoors) on Friday and Saturday and New Year’s Eve from 11:00 to 01:00.

·         Extend hours for supply of alcohol for consumption on and off the premises on Friday and Saturday and New Year’s Eve to be from 11:00 to 01:00.

·         Extend opening hours on Friday and Saturday and New Year’s Eve to be from 08:30 to 01:30.

 

A copy of the application form is attached at Appendix A.

 

2.2     The premises is currently licensed for the following:

 

·         Supply of alcohol for consumption on and off the premises:

-      Monday to Saturday from 11:00 to 23:00

-      Sunday from 11:00 to 22:30

-      New Year’s Eve from 11:00 to 00:30

·         Opening hours:

-      Monday to Sunday from 08:30 to 23:30

-      Sunday from 08:30 to 22:30

-      New Year’s Eve from 11:00 to 00:30

 

2.3     A copy of the current premises licence and licence plan is at Appendix B.

 

2.4     The premises is not currently licensed for the provision of live and recorded music because the Live Music Act 2012 automatically allows for the provision of amplified live and recorded music at any premises licensed for the sale of alcohol for consumption on the premises, until 23:00 at the latest. This applies to both indoor and outdoor areas if included on the premises licence plan. See 2.15 for more information.

 

2.5     The premises was previously being used as a community centre, but is currently being run as a taproom and event venue. It is situated at Shinners Bridge in Dartington, the location of the premises and nearby properties can be seen at Appendix E. 

 

2.6     During the consultation period, six relevant representation were received in objection to the application from local residents, a representation was also received from Dartington Parish Council. Copies of the representations are attached at Appendix C.

 

Representations

 

2.7     Issues raised in the representations relate to the Prevention of Public Nuisance and the Prevention of Crime and Disorder licensing objectives.

 

2.8     The main concern relates to potential disturbance from noise from music as well as noise from customers when leaving the premises late at night. Reference has been made to the close proximity of the premises to a respite centre for children and young people and the possible disruption the extension of licensed hours may cause.

 

2.9     In addition there are concerns about people lingering in the local area after closing time, leading to antisocial behaviour in the community and the possibility of criminal damage to nearby properties.

 

2.10 During the consultation period the Police requested that four additional conditions were included to promote the prevention of crime and disorder licensing objective, which the applicants have agreed to, see Appendix D.  The Police have confirmed that with the inclusion of these additional conditions, they have no objection to the application.

 

2.11 Any information contained in the representations which is not relevant to the promotion of the four licensing objectives (see 2.21) cannot be taken into consideration when determining the premises licence application.

 

Applicant Response to Representation

 

2.12 Following receipt of the concerns raised by Dartington Parish Council, the Applicant put together a response which was forwarded to the parish council for their comments. Included within their response was the confirmation that the late closing time of 01:00 would not be used on a weekly basis and that licensable activities would only take place after 23:00 during a pre-advertised event.

 

2.13 The Applicant also provided a copy of their noise management plan which is referred to in section M of the application form, in the section explaining how they propose to promote the Prevention of Public Nuisance licensing objective.

 

2.14 A copy of the Applicant’s response is at Appendix F. In addition, the Applicant confirmed that there would be no outside music after 20:00. However, under The Live Music Act 2012, this could not be enforced before 23:00.

 

The Live Music Act 2012

 

2.15 The Live Music Act 2012 and subsequent amendments, allow the provision of live and recorded amplified music at any premises licensed for the sale of alcohol for consumption on the premises between the hours of 08:00 and 23:00, for an audience of up to 500 persons. There is no way to restrict these activities through the premises licence during these hours, other than through the review process once a licence has been granted.  Any conditions on a premises licence which relate specifically to the control of noise from music cannot be enforced before 23:00. Music played in the background (at a level where a conversation can be easily held) is never licensable.

 

Temporary Event Notices

 

2.16 Things Happen Here have run events outside of their current licensed hours using temporary event notices (TENs). Since January 2023, they have had 13 TENs covering 26 days. These events have taken place until 1am or midnight.

 

2.17 There is a restriction on how many days TENs can be used in any one location of 21 days per calendar year (maximum of 15 TENs). This has temporarily been increased to 26 days (maximum 20 TENs) for 2022 and 2023 due to changes brought in following COVID restrictions. These changes will not be extended after 31st December 2023.

 

2.18 A premises licence would not restrict the number of days during which licensable activities can take place, unless conditions were placed on the licence.

 

2.19 As relevant representations in respect of this application have been received, which have not been withdrawn and mediation has not been possible, the Licensing Sub-Committee acting on behalf of the Licensing Authority must make a determination on this application. When coming to a decision, the Licensing Sub-Committee must give consideration to the Council’s Statement of Licensing Policy (the Policy) and Home Office guidance issued under Section 182 Licensing Act 2003 (revised August 2023).

 

Policy and Statutory Guidance

 

2.20 Section 3.1 of the Policy states: The Licensing Authority has a duty under the Act to carry out its licensing functions with a view to promoting the four licensing objectives. 

 

2.21 The four licensing objectives are:

- The prevention of crime and disorder

- Public safety

- The prevention of public nuisance

- The protection of children from harm

 

2.22    Section 3.2 of the Policy states:  These objectives are the only matters to be taken into account in determining the application and any conditions attached must be appropriate to achieve the licensing objectives. Each objective is of equal importance. A licence will only be granted where the Licensing Authority is satisfied that these objectives have been met.

 

2.23    Section 2.4 of the Policy sets out additional legislation, strategies, policies and guidance to which the Licensing Authority will have regard.

 

2.24    The Guidance issued under Section 182 of the Licensing Act 2003 which was revised and re-published in August 2023 state: The Licensing Authority may not impose conditions unless its discretion has been engaged following receipt of relevant representations and it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives (paragraph 10.8 of the guidance).

 

2.25    The following responsible authorities are statutory consultees under the Licensing Act 2003:

·      Devon and Cornwall Police

·      Devon and Somerset Fire and Rescue Service

·      Devon Safeguarding Children’s Board

·      Devon County Council Trading Standards

·      Devon Drug and Alcohol Action Team, NHS Devon

·      South Hams District Council Planning Department

·      South Hams District Council Environmental Health (Health & Safety)

·      South Hams District Council Environmental Health (Pollution Control)

 

2.26     No representations have been received from responsible authorities.

 

2.27     The Police have agreed to additional conditions with the applicants (see Appendix D).

 

2.28     In addition to the above responsible authorities, any person may make a representation in relation to a premises licence application.

 

 

 

 

3.        Outcomes/outputs

 

3.1        When determining an application for a premises licence, particularly when considering appropriate conditions and operating hours, the following sections of the Statement of Licensing Policy (the policy) and Section 182 Guidance (the guidance) are especially relevant:

 

3.2        Where applications have given rise to representations, any appropriate conditions should normally focus on the most sensitive periods. For example, the most sensitive period for people being disturbed by unreasonably loud music is at night and into the early morning when residents in adjacent properties may be attempting to go to sleep or are sleeping. This is why there is still a need for a licence for performances of live music between 11 pm and 8 am. In certain circumstances, conditions relating to noise immediately surrounding the premises may also prove appropriate to address any disturbance anticipated as customers enter and leave (paragraph 2.24 of the guidance).

 

3.3        Sections 5.5.1 and 5.5.2 of the policy states:  The Licensing Authority will deal with the issue of licensing hours on the individual merits of each application, but the presumption will be to grant the hours requested unless there are relevant objections to those hours raised on the basis of the licensing objectives.

 

3.4        However, when issuing a licence with hours beyond midnight it is more likely that relevant representations will be made unless there are higher standards of control within operating schedules in order to promote the licensing objectives, especially for premises which are situated near residential areas or in areas where anti-social disorder takes place.

 

3.5        Section 5.5.5 of the policy states: The terminal hours will normally be approved where the Applicant can show that the proposal would not adversely affect the licensing objectives unless, after hearing relevant representation the Licensing Authority believe it appropriate to restrict the hours required due to the nature of the activities and the amenity of the area. If the Licensing Committee or a sub-committee believes that granting longer hours would undermine the licensing objectives, it may reject the application or grant it with appropriate conditions and/or different hours from those requested.

 

3.6        Section 3.8.1 of the Policy states: The Authority recognises the great variety of premises for which licences may be sought. These include theatres, members’ clubs, sports clubs, cinemas, restaurants, pubs, nightclubs, cafes, takeaways, community halls, schools and off-licences. The Authority will not restrict access by children to any particular type of premises unless it is considered appropriate to do so in order to protect them from harm.

 

3.7        Section 3.8.6 of the Policy states: When deciding whether or not to limit access to children the Licensing Authority will judge each application on its own individual merits.  Examples which may give rise to concern in respect of children would include premises: -

 

q  where entertainment of an adult or sexual nature is provided

q  where there is a strong element of gambling taking place

q  with a known association with drug taking or dealing

q  where there have been convictions of the current management for serving alcohol to those under 18 years

q  where the supply of alcohol for consumption on the premises is exclusive or primary purpose of the services provided at the premises

q  where there are unsupervised areas (for example toilets, beer gardens, play zones).

 

3.8        At paragraph 2.15 of the guidance it states:

Licence holders should make provision to ensure that premises users safely leave their premises. Measures that may assist include:

-      Providing information on the premises of local taxi companies who can provide safe transportation home.

-      Ensuring adequate lighting outside the premises, particularly on paths leading to and from the premises and in car parks.

 

3.9        The desired outcome is a determination of the application with reasons provided which relate to the four licensing objectives and when conditions are imposed, that these are appropriate to address the licensing objectives.

 

4.        Options available and consideration of risk

 

4.1        The Licensing Authority may decide to impose additional conditions to address the four licensing objectives, or to amend or remove requested licensable activities. When coming to their decision the Licensing Sub-Committee must give consideration to the Section 182 Guidance and the Statement of Licensing Policy. Reasons must be given which relate to the licensing objectives for any decision made.

 

4.2        The Sub-Committee will need to consider the hours of operation proposed, the effectiveness of the operating schedule proposed by the applicant, the representations received, the location of the premises in relation to residential properties, the history of the management of the premises (if applicable), the evidence provided of any problems in the past, the likely impact of any extension of hours and activities, public transport, taxi availability, the right the applicant has to operate a business and balancing the rights of residents to the quiet enjoyment and privacy of family life.  The South Hams relies on tourism, with the population in the district doubling in the summer months with holidaymakers both from this country and international visitors who are, in the main, families with young children and retired people – the very segment of society who would perhaps be deterred by anti-social behaviour. These, and any other relevant issues, may be explored at the hearing in so far as it reflects the four licensing objectives.

 

4.3        A decision made by the Licensing Sub-Committee may be appealed by the applicant or any person who has made relevant representations. The right of appeal is to the Magistrates’ Court by virtue of Section 181 and Schedule 5 of the Licensing Act 2003. The Magistrates’ Court may dismiss the appeal, or substitute its own decision, or send back the case to the Licensing Authority with directions as to how the case is to be dealt with.  The Magistrates’ Court may make any costs order it thinks fit.

 

4.4        The Licensing Act 2003 contains a provision which enables a responsible authority or any other person to apply to this Licensing Authority for a review of the premises licence once granted.  A hearing follows which enables the Sub-Committee to use the normal powers available, but also to suspend the licence for a period of up to three months or to withdraw it.

 

5.        Proposed Way Forward

 

5.1        That the Sub-Committee consider the application for a new Premises Licence and make a determination in respect of this application, namely to:

 

(i) modify the conditions of the licence;

ii) to reject the whole or part of the application;

 

6.     Implications

 

Implications

 

Relevant
to
proposals
Y/N

Details and proposed measures to address

Legal/Governance

 

Y

The Licensing Act 2003 gives Licensing Authorities the responsibility for determining applications submitted under this provision. This is a statutory obligation.

 

As there have been relevant representations in respect of this application which have not been resolved, this hearing must be held.  Relevant representations are about the likely effect of the grant of the application on the promotion of the licensing objectives, by responsible authorities or any other person.  The Licensing Sub-Committee must disregard any information or evidence not relevant to the licensing objectives.

 

The Licensing Sub-Committee must consider this application in accordance with Section 4 of the Licensing Act 2003, which requires that licensing functions must be carried out with a view to promoting the four licensing objectives.  The Licensing Authority must also have regard to its own licensing policy and the Secretary of State’s guidance, but may depart from both if it has good reason to do so.  Those reasons should be stated.

 

The Act requires (Section 35) that in dealing with a variation to a premises licence application, the committee takes any of the following steps which are appropriate for the promotion of the licensing objectives:

(i) modify the conditions of the licence;

ii) to reject the whole or part of the application;

The Sub-Committee must give its reasons for its decision to take any of these steps.  Similarly, if the application is rejected, the Sub-Committee must give its reasons.

 

The applicant or any person who has made relevant representations has the right to appeal a decision made by the Licensing Sub-Committee to the Magistrates’ Court by virtue of Section 181 and Schedule 5 of Licensing Act 2003.

 

On appeal, the Magistrates’ Court may:

a)   dismiss the appeal;

b)   substitute for the decision appeal against another decision which could have been made by the Licensing authority;

c)   remit the case to the Licensing Authority to dispose of it in accordance with the direction of the court.

Financial

 

N

There are no direct financial implications to the Council from this Report. However, should a decision be challenged this could result in the Council facing an appeal to the Magistrates Court with the risk of costs being awarded against the Council.

Risk

Y

The Licensing Authority must follow strict legislation in accordance with the Licensing Act 2003 and adhere to the statutory instruments contained with the Act.

 

All decisions must be taken in consideration of the four licensing objectives (section 2.21). These objectives are in place to give protection to the public from the potential negative impacts caused by licensed premises.

 

Decisions may be appealed (see financial and legal/governance sections above).

Comprehensive Impact Assessment Implications

 

Equality and Diversity

 

Compliance with the Human Rights Act 1998 – Article 6: right to a fair trial.

Safeguarding

 

 

All decisions must take into consideration the ‘protection of children from harm’ licensing objective.

Community Safety, Crime and Disorder

 

Section 17 Crime and Disorder Act 1998 applies. Decisions made must relate to the four licensing objectives as detailed in section 2.3 of this report.

Health, Safety and Wellbeing

 

All decisions must take into consideration the four licensing objectives, including ‘public safety’ and ‘protection of children from harm’.

Other implications

 

 

 

 

 

Supporting Information

 

Appendices:

 

Appendix A – application to vary premises licence

Appendix B – current premises licence and licence plan

Appendix C – representations

Appendix D – additional conditions agreed with Police

Appendix E – location plan

Appendix F – additional information from Applicant

 

Background Papers:

 

None.

 

 

Process checklist

Completed

Portfolio Holder briefed

Yes/No

SLT Rep briefed

Yes/No

Relevant  Exec Director sign off (draft)

Yes/No

Data protection issues considered

Yes/No

If exempt information, public (part 1) report also drafted. (Committee/Scrutiny)

Yes/No