*LSC6
The Sub Committee considered an application
for the granting of a Temporary Events Notice at The Stannary Arms,
Legion House, 2 King Street, Tavistock, PL19 0DS.
The Licensing Specialist took Members through
the application that was before them for a Temporary Events Notice.
It was noted that there had been several complaints received by the
Environmental Health department in regard to noise levels at
various events at this establishment where residents were kept
awake after 11pm. Environmental Health Officers had spoken to the
Landlord on three occasions in regard to the complaints
received.
Mr Beech stated that adjustments could be made
to the event by moving the music from the function room into the
bar area. He confirmed three bands and one singer would be
performing on the night.
The Environmental Health Specialist read out
the list of complaints received which were all recorded after the
normal licensing time of 11pm.
The Sub-Committee retired and when the members
returned the Chairman read out the following statement setting out
the Sub-Committee’s decision and the reasons for it:
The Decision
The
Sub-Committee decided to REFUSE the
application;
The aim of the Licensing Act 2003 is to
provide a more flexible licensing system, by reducing the burden of
unnecessary regulation, but still maintaining public order and
safety. The 2003 Act makes it clear
that licensable activities are to be restricted only where it is
necessary to promote the four Licensing Objectives.
A temporary event notice allows licensable
activities at a temporary event. It is intended to be a light touch
process and as is the case here, may be given in respect of
premises which already have a premises licence to cover licensable
activities not permitted under the existing
authorisation. The statutory scheme
does however give the Police and the Environmental Health the
opportunity to object to a temporary event notice on the basis of
the Licensing Objectives. Where one or
both object, a hearing must be held. Following which we may decide
to impose conditions which already apply to an existing premises
licence at the venue, or issue a counter notice to prevent the
event going ahead.
It is against this background that we heard
that Martyn Beech gave notice of his intention to hold a temporary
event in the Function Room and Bar Area at The Stannary Arms
Tavistock. During the hearing Mr Beech
suggested that he had intended that the live music would be in the
Function Room until 11pm with the music moving to the Bar Area
between 11pm and 1.30am, but would be willing to confine the live
music to the Function Room for the whole of the event. We were advised that modification of a temporary
event notice was only possible before a hearing had been held or
where it had been agreed that a hearing was
unnecessary. Equally, we were advised
that we could not impose a condition to that effect. Accordingly, the Sub-Committee has considered the
temporary event notice as it was submitted.
The ...
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