Agenda and draft minutes

*LSC4          

It was RESOLVED that;

That Cllr Pearce be appointed Chairman for the duration of the Sub-Committee meeting.

In accordance with the Code of Conduct, Members are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests including the nature and extent of such interests they may have in any items to be considered at this meeting;

*LSC5

No interests were declared by the Committee Members

*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  ...  view the full minutes text for item 6.