full agenda licensing 05 october 2011

Democratic Services
LICENSING
SUB-COMMITTEE
AGENDA
WEDNESDAY 5 OCTOBER 2011
6:00 PM
ROOM 2
CIVIC OFFICES
CENTRAL MILTON KEYNES
MEMBERS PLEASE NOTE THAT THE BREAK-OUT MEETING
FOR THIS HEARING WILL BE ROOM 11
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COUNCILLORS BOX, BRADBURN, AND CLARK
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Tel: Milton Keynes (01908) 691691 Fax: (01908) 252456 Hays DX 31406 Milton Keynes
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---------------------------------------------------------------------------------------------------------------Meeting Attended:
Licensing Sub Committee
Date of Meeting:
5 October 2011
Comments:…………………………………………………………………………………….
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Contact details:…..……………………………………………………………………………
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1.
Appointment of Chair
The Chair of the Licensing Committee, Councillor Burke, shall Chair meetings
of the Licensing Sub-Committee, if present. In the absence of the Chair, the
Vice-Chairs of the Licensing Committee, Councillors Box or McKenzie, shall
Chair meetings of the Licensing Sub-Committee. In the absence of both the
Chair and the Vice Chairs, the Licensing Sub-Committee will, as its first item
of business, elect a Chair for the meeting.
2.
Chair’s Announcement
The Chair to welcome Members, officers and the public to the meeting and
introduce Members and officers who are present.
3.
Apologies for Absence
4.
Application for Premises Licence
To consider an application for a premises licence in respect of Newport
Pagnell Working Men’s Club, Milton Keynes (The report of the Licensing
Officer is attached at Item 4) (Pages 6 to 9).
The Chair will outline the procedure to be followed by the Sub-Committee in
the determination of the application (Page 5).
5.
Annex A
-
A copy of the application for a premises licence in respect
of Newport Pagnell Working Men’s Club, Milton Keynes
(Pages 10 to 31).
Annex B
-
Copy of Club Premises Certificate (Pages 32 to 35)
Annex C
-
Representation from Environmental Health
Page 36).
Annex D
-
Representation from Thames Valley Police (Page 37)
Annex E
-
Representations in Objection (Pages 38 to 48)
Annex F
-
Representation in Support (Page 49)
Annex G
-
Plan of Area (Page 50)
Application to Vary a Premises Licence
To consider an application for a variation to a premises licence in respect of
Lizarran in the Hub, Central Milton Keynes (The report of the Licensing Officer
is attached at Item 5) (Pages 51 to 53).
The Chair will outline the procedure to be followed by the Sub-Committee in
the determination of the application (Page 5).
Annex A
-
A copy of the application for a variation of a premises
licence in respect of Lizarran in the Hub, Central Milton
Keynes (Pages 54 to 68).
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Annex B
-
Copy of Current Licence (Pages 69 to 74)
Annex C
-
Representation from Thames Valley Police
Page 75 - 76).
Annex D
-
Representation from Environmental Health(Page 77)
Annex E
-
Representations in Objection (Pages 78 to 85)
Annex F
-
Copies of correspondence (Pages 86 to 89)
Annex G
-
Plan of Area (Page 90)
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PROCEDURE FOR THE DETERMINATION OF LICENSING
APPLICATIONS BY THE LICENSING SUB-COMMITTEE
1.
At the start of the hearing the Chair will introduce the Committee
Members and Officers and explain their roles for the purpose of the
hearing.
2.
The Chair will explain the procedure to be followed by the SubCommittee, which will normally take the form of:
3.
(a)
The Licensing Officer(s) will present the relevant details, but
make no recommendations regarding a decision on the
application to the Sub-Committee, together with information
regarding any details relevant to the application, which may
have come to light since the report was written.
(b)
The applicant (licensee) or his/her representative can present
his/her case, including calling any witnesses. Questions may
then be put to the applicant, through and with the consent of the
Chair, by the other parties and the Sub-Committee.
(c)
The other parties will present their case, but only where
representations are unresolved. Responsible authorities (within
the meaning of the legislation) will present their cases before
interested parties. Questions may then be put to those persons,
through and with the consent of the Chair, by the other parties
and the Sub-Committee.
(d)
The other parties will be invited to sum up their case.
(e)
The Applicant or his/her representative will be invited to sum up
his/her case.
(f)
The Sub-Committee will be invited to adjourn to come to its
decision. Upon adjournment, all parties will withdraw, directly or
through retirement of the Sub-Committee. The only officers who
may remain with the Sub-Committee during its adjournment
shall be the Committee Manager and the Sub-Committee’s legal
advisor.
(g)
Where the Sub-Committee has to make a decision at the end of
the hearing, all parties will be called back and informed orally of
the decision of the Sub-Committee and any conditions made,
with the reasons for those conditions.
The Sub-Committee will be permitted to retire to deliberate in private
on any matter it chooses. The Sub-Committee may seek legal advice
on a point of law at any point but the substance of any advice given in
private must be repeated in open session.
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ITEM 4
Licensing Sub-Committee
5 October 2011
Report of:
Licensing Officer
Application:
New Premises Licence Application –
Newport Pagnell Working Mens Social Club
Application
Reference
No:
1.
115393
APPLICATION
Summary of application
This is an application for a new premises licence at the Newport Pagnell
Working Men’s Club, for the first floor only. The application states this
application is to allow the general public to use the first floor for functions
and events. The application is detailed at Annex A.
There is currently a club premises certificate in place for the rest of the
premises
Plan of immediate locality is included at Annex F.
Existing Activities
There is no premises licence in place, but the club premises certificate
permits the following with some limitations to certain rooms as detailed in the
certificate Annex B:
The current premises is permitted to provide:
Supply of Alcohol; Sporting Events; Live Music; Recorded Music;
Performances of Dance; Provisions of facilities for dancing.
The times the certificate authorises the carrying out of qualifying club
activities (including bank holidays)
Monday to Thursdays
10:00 to 23:30
Fridays and Saturdays 10:00 to 00:00
Sundays
10:00 to 23:00
New Years Eve 10:00 until end of standard permitted hours the following
5-Oct-2011
Licensing Sub-Committee
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day
Proposed hours and activities
This application is for:
Live music indoors; Recorded music indoors; provision of facilities for
making music; provision of facilities for dancing; Supply of alcohol;
Monday- Sunday 11am to 00:00 midnight
Late night refreshment
Monday- Sunday 11pm to 00:00 midnight
Opening Hours
Monday- Sunday 11am to 00:00 midnight
Additional hour on New Years Eve.
2.
BACKGROUND INFORMATION
The premises is located in a predominately residential area of
Newport Pagnell. The premises has operated as a members club for
a significant amount of time. The management of the premises has
held functions and events at the premises for a number of years
using the Temporary Event Notification procedure. This year ten
have been held usually between the hours of 7pm and 12 midnight.
To date, no complaints have bee received about the operation of the
since July 2007.
Details of licence reviews:
None
3.
PROMOTION OF LICENSING OBJECTIVES
The applicant has provided a fairly extensive operating schedule
detailed in the application. Conditions include reference to
responsibility to control noise levels, a smoking solution and CCTV
provision.
4.
RESPONSIBLE AUTHORITIES
Both Environmental Health and Thames Valley Police submitted
objections against this application.
Environmental Health has asked for a number of conditions included
at Annex C
Thames Valley Police have requested an amendment to hours, as
listed at Annex D. At the time of writing this report, the agent was in
5-Oct-2011
Licensing Sub-Committee
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discussion with the Thames Valley Police.
5.
INTERESTED PARTIES
Three local residents and the Town Council have objected to the
granting of the licence listing concerns with the current operation of
the premises, including noise from customers and crime and
disorder issues.
These are included at Annex E.
Ward Member Councillor Maric has
representation for the application Annex F.
6.
provided
a
positive
POLICY CONSIDERATIONS
Licensing Authorities Statement of Licensing Policy
Guidance issued under Section 182 of the Licensing Act 2003
7.
OFFICERS OBSERVATIONS
This application is to effectively allow the use of the facilities for nonmembers without the requirement of a membership under the club premises
certificate. The application is only for the top floor, so the operation of the
premises may not change drastically.
However there is nothing in the application to limit the amount of times the
premises is used for such events, nor whether the use of the premises is
limited to just functions and events.
Members may wish to determine exactly how the premises is intended to be
run and how often they may use the facility. It is possible that the premises
licence will afford greater control over events and functions at the premises
rather than that which provided by TENs.
If the premises is to be hired out by a member of the public, how will the
premises management be involved and the controls enforced?
Although the Licensing Authority and Environmental Health have not
received any complaints associated to the running of the premises in recent
times, it may appear that some residents are suffering without making
complaint.
The applicant has offered that the DPS monitors the external areas for antisocial behaviour, no reference has been made with regard to how anti-social
behaviour will be prevented or dealt with.
The smoking solution requiring customers to travel through the Members
areas, may need to be looked at in greater detail due to the practicalities
involved and whether it may end up with customers using the front of the
building.
8.
ASSOCIATED PAPERS
5-Oct-2011
Licensing Sub-Committee
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None
Contact Officer
For further information on this application please contact James Sloan on
telephone 01908 25 2801 or e-mail: [email protected]
5-Oct-2011
Licensing Sub-Committee
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ANNEX A
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ANNEX B
Milton Keynes Licensing Authority
PO Box 105, Civic Offices, 1 Saxon Gate East, Milton Keynes, MK9 3HH
Club premises certificate
Club premises certificate number
082795
Club details
Name of club in whose name this certificate is granted and relevant
postal address of club
Newport Pagnell Workmens Social Club
Address
28-30 Silver Street
Newport Pagnell
Post town Milton Keynes
Post code MK16 0EN
Telephone number 01908 610007
If different from above the postal address of club premises to which
this certificate relates, if any, or if none, ordnance survey map
reference or description
Not applicable
Post town
Post code
Telephone number
Where the club premises certificate is time limited the dates
Licence Period:
Start Date:
Issue Date:
Unlimited
24th November 2005
19th August 2005
(32)
Qualifying club activities authorised by the certificate
Supply of Alcohol by or on behalf of the club to, or to the order of, a club
member and sale by retail of alcohol by or on behalf of the club to a guest
of a member of the club for consumption on the premise
Provision of indoor regulated entertainment by or on behalf of the club for
members of the club or members of the club and their guests as follows:
Sporting Events; Live Music; Recorded Music; Performances of Dance;
Provisions of facilities for dancing.
The times the certificate authorises the carrying out of qualifying club
activities (including bank holidays)
Monday to Thursdays 10:00 to 23:30
Fridays and Saturdays 10:00 to 00:00
Sundays
10:00 to 23:00
New Years Eve 10:00 until end of standard permitted hours the following
day
The opening hours of the club
The Club will close no later than 30 minutes after
the last supply time for alcohol
Where the certificate authorises supplies of alcohol whether these are
on and/or off supplies
On and off supplies
2
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Annex 1 - Mandatory conditions
ALCOHOL OFF SALES
The supply must be made at a time when the premises are open for the
purposes of supplying alcohol in accordance with the club premises certificate
to members of the club for consumption on the premises.
Any alcohol supplied for consumption off the premises must be in a sealed
container.
Any supply of alcohol for consumption off the premises must be made to a
member of the club in person.
Annex 2 - Conditions consistent with the Club Operating Schedule
Qualifying activities are restricted to the internal ground and first floor areas
shown on the attached plan except that Live music is restricted to the Lounge
and Concert Room; Recorded Music is restricted to the Games Room,
Lounge and Concert Room; and Performance of Dance / Facilities for Dancing
are confined to the Concert Room
The restrictions for alcohol supply do not prohibit the supply to or consumption
by any person of alcohol in any premise where they are residing.
GENERAL
The Club management; stewards; and bar staff will be informed of the
relevant provisions of the Licensing Act 2003 including underage sales and
children's access to the premise as well as the certificate conditions.
An adequate CCTV system will monitor arrivals and departures at the premise
CRIME AND DISORDER
Members or guests who behave in a disorderly manner will not be served or
where required permitted entry to the premise
The Club will maintain membership of any existing Barwatch Scheme of which
the premises is a current member, or join any future scheme which is not
3
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currently in existence. The Club will ensure co-operation with the relevant
scheme, abide by any rules and ensure meetings are regularly attended.
PUBLIC SAFETY
Appropriate fire Action notices are to be posted in prominent positions with the
premise.
Emergency escape routes will be appropriately signed and kept clear and
immediately available
PUBLIC NUISANCE
Signage is to be prominently displayed at or near exit points requesting
members and guests to leave the premise in a quiet and orderly manner
The Club will ensure all reasonable steps are taken to avoid noise disturbance
to neighbouring properties.
PROTECTION OF CHILDREN FROM HARM
Any persons under 18 on the premise must be accompanied and supervised
by a responsible person 18 or over.
Persons under 18 are not allowed in the immediate vicinity of any bar
Annex 3 - Conditions attached after a hearing by the licensing authority
None
Annex 4 – Plans
See attached plans with our reference numbers:
MK082795/01/190805/A – Ground Floor
MK082795/01/190805/B – First Floor
4
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ANNEX C
Representation from Environmental Health
From: Clarke, Gillian (Environmental Health)
Sent: 05 September 2011 16:14
To: Licensing
Subject: Newport Pagnell W.M Club L:115393
I refer to the Premises Licence Application from Newport Pagnell Working Men’s Social Club,
for a Premises Licence for the First Floor of the premises in order to hire the function room for
private (non Member) events.
The Application includes a separate operating schedule which includes an outline of how the
licensing objectives will be met. For the purposes of Public Safety and prevention of public
nuisance, I would also invite the Applicant to consider including the following which gives
further detail on the conditions to be applied:1. There shall be no consumption of alcohol in outside areas after 22:30 hours
2. The premises outside areas, shall be monitored by the Designated Premises Supervisor (or
an appropriated person designated by the DPS), to ensure there is no unreasonable noise or
anti-social behaviour from persons using these areas. A record detailing these checks and
any action taken to resolve any concerns identified is to be maintained for inspection by the
Licensing Authority.
3. After 22:30 hours, amplified, recorded or otherwise live music, shall not exceed the preexisting background noise level, by more than 5 dB (LAeq 5 mins), as measured at the rear
boundary of the premises.
I would also point out that the hours requested for the activities of Live Music, Recorded
Music, Dancing, Late Night Refreshment, and the Supply of alcohol, are the same as the
premises opening hours. Could you please clarify if the terminal hour for these activities is in
fact 23:30, allowing for a half hour “drinking-up” time, before the premises closes at midnight.
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ANNEX D
m: Hodgkinson Elizabeth [mailto:[email protected]]
t: 12 September 2011 14:36
o taylor
Sloan, James; Hodgkinson Elizabeth
ject: First Floor, Newport Pagnell W M Social Club, Silver St, Newport Pagnell
d Afternoon,
ve received the new premise license application for The First Floor, Newport Pagnell W M Social Club, Silver St, Newport Pagnell.
ce request the following alterations to licensable activities and condition be added to the Premise License:
ply of Alcohol
day – Sunday – 1100 – 2330
dition
The Premise License Holder or relevant person will conduct a risk assessment to assess the requirement for SIA registered door staff at
each event
ur client agrees to the above please reply stating “I agree to the following condition(s) and that the operating schedule is amended accordin
in the Licensing Authority on [email protected].
ards
Hodgkinson | Licensing Officer - Milton Keynes | Telephone: 01908 686142 | Internal: 741 6142 | Mobile: 07970
ress: Licensing, Milton Keynes Police Station, 302 Witan Gate East, Central Milton Keynes, MK9 2DS
mes Valley Police Currently use the Microsoft Office 2002 suite of applications. Please be aware of this if you intend to include an attachment wit
his communication contains information which is confidential and may also be privileged. Any views or opinions expressed are those of the origin
necessarily those of Thames Valley Police. It is for the exclusive use of the addressee(s). If you are not the intended recipient(s) please note tha
ribution, copying or use of this communication or the information in it is strictly prohibited and may be unlawful. If you have received this comm
error please forward a copy to: [email protected] and to the sender. Please then delete the e-mail and destroy an
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ANNEX E
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Representation from Mr Alder
From: Marcus Alder []
Sent: 08 September 2011 11:58
To: Sloan, James
Cc:
Subject: RE: Premises licence application Newport Pagnel WMC
Hi James
Apologies for the delay in getting back to you.
We currently rent the property out, but we did live there for approx 3 years until October last
year. The main reason we wanted to move was due to the disturbances caused from this
venue which is just a few yards away.
I therefore cannot give precise data on problems experienced. There were however several
times, most weekends in fact, when there were problems. Normally just rowdy behavior,
which late at night was quite disturbing. Occasionally there was violence and some damage
to cars and on a few occasions the police were called out. I just think that extending the
licensing hours will only exacerbate the problems in what is a highly populated residential
area.
I hope this helps.
Many thanks
Marcus
From: Sloan, James [mailto:[email protected]]
Sent: 06 September 2011 14:52
To: Marcus Alder
Subject: Premises licence application Newport Pagnel WMC
Good afternoon Marcus,
Thank you for your representation. Can I ask that you provide more detailed information in
support of your representation? Are you already suffering problems with the premises? If so
can you problem examples of the times, frequency and days upon which problems are
experienced. You representation is valid, although it will be important to expand on it to allow
appropriate action to be taken by either the applicant, or if necessary, the licensing subcommittee who may take the decision on determining the licence application.
Best wishes,
James
James Sloan
Licensing Officer
T: 01908 25 2801
E: [email protected]
(45)
15 September 2011
Notice of Representation.
Premise Licence Application
Newport Pagnell Working Men’s Club
28-30 Silver Street.
Mr T Harris
25 Silver Street
Newport Pagnell MK16 0EJ
My home is approximately 20m from the premise / club.
Crime and Disorder.
Numerous cars have been deliberately damaged along Silver Street,
our own car on three occasions.
Police have been called on numerous occasions to deal with fights
outside the ‘club’.
Public Nuisance.
Currently, we are subjected to intolerable levels of noise as club
members congregate to smoke outside and their conversations
seemingly amplified. These same members re-emerge typically more
vocal when leaving between 11pm and 1am and Silver Street
becomes a taxi rank, their drivers often sounding horns late into the
night.
Invariably, this disturbance is most prevalent on Friday’s and
Saturday’s when the club often hold live music evenings. We are
then subjected to the clatter and banging of doors as the musicians
equipment is re-loaded outside the club, normally after 1am.
We often have guests of the club parking on Waterhouse Close – a
private road, consequently obstructing our driveways.
Additionally, with the clubs status changing from ‘members only’ to essentially a pub status I
can only predict increase levels of disorder and public nuisance.
Indeed, the club seemingly anticipate an increase in anti-social behaviour and potential
damage to property with the proposed installation of CCTV. Challenge 21 and DPS monitoring
outside the club.
The scenes outside the club have on occasion been so tense that our proximity feels
vulnerable and probably quite frightening to children. Residents are reluctant to ask patrons
of the club to be considerate for fear of reprisals or damage to property.
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From: AdminAssistant [mailto: uk]
Sent: 05 September 2011 12:09
To: Tarbox, Glenda
Cc:
Subject: New Premise Licence Application - Newport Pagnell Working Men's Club
Dear Glenda On Wednesday 31st August our Town Planning & Management Committeediscussed the application submitted by Newport Pagnell Working Men's Club in respect of New Premise Licence Application for Newport Pagnell Working Men's Club, (your ref. EH/115393) and the following was minuted: 54.
LICENCE APPLICATIONS
54.1
Newport Pagnell Working Mens Club, 28-30 Silver Street: The
Committee agreed to make the following comments:
Crime and Disorder – No comment
Public Safety – No comment
Public Nuisance – The Committee discussed the license application
and agreed that the increased opening hours would cause a public
nuisance as the noise from customers and cars leaving the area would
be later than usual. The Committee agreed that they were against the
application.
Protection of children from harm – No comment
Please would you ensure that the Licensing Committee is made aware of these objections. Kind Regards Terry
Terry Perry
Admin Assistant
for Patrick Donovan
Newport Pagnell Town Council
80 High Street
Newport Pagnell
Bucks MK16 8AQ
Tel 01908 618756
Please consider the environment before printing out this e mail.
Mission The Town Council's mission is to provide and develop services and initiatives which will maintain and, where possible, improve the quality of life of the residents of Newport Pagnell. Objectives (47)
The mission is supported by three strategic objectives. 1. Provide cost‐effective services which meets the needs of the residents 2. Promote the economic and commercial viabilitty of the Town 3. Protect and, if possible, improve the unique identity and historical character of the Town The total of this e mail message may contain private, confidential or privileged information for the named recipient.
Unless authorised by the sender or named recipient you must not copy, distribute or take action on the contents, but
should advise the sender by telephone, facsimile or e-mail as soon as possible. Unauthorised use of information in
this e mail or of the Newport Pagnell Town Council web site may result in prosecution. Although the message and any attachment(s) are believed to be free of any virus or other defect that might affect a
computer system it is the responsibility of the addressee(s) to ensure that it is virus free. No responsibility is
accepted by Newport Pagnell Town Council for any loss or damage in any way. (48)
ANNEX F
Representation in support of application from Ward Councillor Maric
From: Maric, Andy
Sent: 27 August 2011 21:08
To: Sloan, James; McCall, Douglas
Cc: Tarbox, Glenda
Subject: RE: Premise Licence Application - Newport Pagnell Working Mens Social
Club
James,
Thanks very much, really appreciate your detailed response.
I support this application and have no objections, please add my backing.
Many thanks,
Kind regards,
Councillor Andy Maric
Liberal Democrat Councillor - Newport Pagnell South
Vice Chair of Budget and Performance Review
Liberal Democrat Spokesperson for Finance
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ANNEX G
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ITEM 5
Licensing Sub-Committee
5 October 2011
Report of:
Licensing Officer
Application:
Variation to Premises Licence –
CCOY03/ Lizarran
Application
Reference
No:
1.
115392
APPLICATION
Summary of application
This is an application, detailed at Annex A, to vary the existing premises
licence at the premises known as Lizarran in the Hub, Central Milton
Keynes.
Plan of immediate locality is included at Annex G.
Existing Activities
The current licence permits the following:
Supply of Alcohol
Monday to Saturday 11:00 to 00:00 (23:00 outdoors)
Sunday 12:00 to 23:30
Late Night Refreshment
Monday to Saturday 23:00 to 00:30 the following morning
Sunday 23:00 to 00:00
Regulated entertainment as above
Monday to Sunday 09.00 to 00:00
Current licence is detailed at Annex B
Proposed hours and activities
Following discussions with the Police, this application is for:
Further to discussions with the Thames Valley Police, the application is for:
5-Oct-2011
Licensing Sub-Committee
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Provision of films, live music (indoors), recorded music (indoors),
performance of dance, late night refreshment, supply of alcohol
Monday – Sunday 9am to 1.30am
Opening hours
Monday – Sunday 9am to 2am
Terminal hour for licensable activities and opening hours extended to 4am
on New Years Eve.
2.
BACKGROUND INFORMATION
The premises is located in the mixed use area known as the Hub.
There are various businesses, including other licensed venues,
offices, shops and residential apartments in the immediate vicinity.
There has been a premises licence in place at the premises since
February 2011, and the premises has operated as a restaurant.
To date, no complaints have bee received about the operation of the
premises.
Details of licence reviews:
None
3.
PROMOTION OF LICENSING OBJECTIVES
The applicant has not provided any further operating schedule
associated to this application. There are important conditions on the
licence that will ensure that the premises will continue to operate as
a restaurant:
2.4 All alcohol and late night refreshment will be served to tables by
waiter/waitress service
2.5 Any outside area will receive waiter/waitress service exclusively
2.16 The premises shall trade as a restaurant
4.
RESPONSIBLE AUTHORITIES
Both Environmental Health and Thames Valley Police submitted
objections against this application.
The applicant has agreed a reduction in hours for licensable
activities with Thames Valley Police who have subsequently
withdrawn their representation. Annex C
Environmental Health has submitted an objection, Annex D. At the
time of writing this report, both parties were in dialogue to resolve
the issues.
5-Oct-2011
Licensing Sub-Committee
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5.
INTERESTED PARTIES
Two local residents and the Town Council have objected to the
granting of the licence, concerned that the later opening and
operating hours would result in noise lasting longer into the night.
These are included at Annex E.
6.
POLICY CONSIDERATIONS
Licensing Authorities Statement of Licensing Policy
Guidance issued under Section 182 of the Licensing Act 2003
7.
OFFICERS OBSERVATIONS
This application is an increase in the current operating hours of the premises
by one and a half hours. The applicant has provided extensive
correspondence detailing his intentions of how the premises will operate and
has offered to meet with the objectors to discuss their concerns. I include
relevant correspondence at Annex F. The objectors did not wish to meet
with the applicant.
There are a number of other licensed venues in the immediate vicinity of the
Hub. These are mostly restaurants/ bars with closing hours varying between
midnight and 3am.
The licence does not permit the premises to operate as a night club and
requires table service for the supply of alcohol. However there is currently no
restriction on the use of the outside areas, Members may wish to seek some
form of control in order to reduce the potential to undermine the Public
nuisance licensing objective.
8.
ASSOCIATED PAPERS
None
Contact Officer
For further information on this application please contact James Sloan on
telephone 01908 25 2801 or e-mail: [email protected]
5-Oct-2011
Licensing Sub-Committee
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ANNEX A
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ANNEX B
Milton Keynes Licensing Authority
Civic Offices, 1 Saxon Gate East, Milton Keynes, MK9 3EJ
Premises Licence
Premises licence number
113031
Part 1 – Premises details
Postal address of premises, or if none, ordnance survey map reference or
description
CCOY30 Limited
309 Avebury Boulevard
Central Milton Keynes
Post town
Milton Keynes
Telephone number 07831 564456
Post code
MK9 2GA
Where the licence is time limited the dates
Issue Date:
Start Date:
Expiry date
Licence Period:
11 February 2011
1st March 2011
None
Unlimited
Licensable activities authorised by the licence
Supply of Alcohol; Late Night Refreshment – indoors ; Indoor Regulated
Entertainment encompassing: Films; Live Music; Recorded Music;
Performances of Dance
1
(69)
The times the licence authorises the carrying out of licensable activities
Supply of Alcohol
Monday to Saturday 11:00 to 00:00 (23:00 outdoors)
Sunday 12:00 to 23:30
Late Night Refreshment
Monday to Saturday 23:00 to 00:30 the following morning
Sunday 23:00 to 00:00
Regulated entertainment as specified
Monday to Sunday 09.00 to 00:00
The opening hours of the premises
Monday to Saturday 09:00 to 00:30 the following morning
Sunday 09:00 to 23:30
Where the licence authorises supplies of alcohol whether these are on and/or off
supplies
For consumption on and off the premises
2
(70)
Part 2
Name, (registered) address, telephone number and e-mail (where relevant) of holder
of premises licence
CCOY30 Limited
Wells House
80 Upper Street
Islington
London N1 0NU
Tel: 07831 564456
Email: [email protected]
Registered number of holder, for example company number, charity number (where
applicable)
05738118
Name, address and telephone number of designated premises supervisor where the
premises licence authorises the supply of alcohol
Mr Jamie Conlon
40 Brooklyn House
31 Rillaton Walk
Central Milton Keynes
Milton Keynes MK9 2BN
Tel: Not provided
Personal licence number and issuing authority of personal licence held by
designated premises supervisor where the premises licence authorises the supply of
alcohol
MK 000113222
Milton Keynes Licensing Authority
3
(71)
Annex 1 - Mandatory conditions
1.1 No supply of alcohol may be made where there is no designated
premises supervisor in respect of the licence, or when the designated
premises supervisor does not hold a personal licence or it is suspended.
1.2 Every supply of alcohol under the premises licence must be made or authorised
by a person who holds a personal licence.
1.3 (1) The responsible person shall take all reasonable steps to ensure that staff
on relevant premises do not carry out, arrange or participate in any
irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the
following activities, or substantially similar activities, carried on for the
purpose of encouraging the sale or supply of alcohol for consumption on the
premises in a manner which carries a significant risk of leading or
contributing to crime and disorder, prejudice to public safety, public
nuisance, or harm to children(a) games or other activities which require or encourage, or are designed to
require or encourage, individuals to(i) drink a quantity of alcohol within a time limit (other than to drink
alcohol sold or supplied on the premises before the cessation
of the period in which the responsible person is authorised to sell
or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or
otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a
fixed or discounted fee to the public or to a group defined by a particular
characteristic (other than any promotion or discount available to an
individual in respect of alcohol for consumption at a table meal, as
defined in section 159 of the Act);
(c) provision of free or discounted alcohol or any other thing as a prize to
encourage or reward the purchase and consumption of alcohol over a
period of 24 hours or less;
(d) provision of free or discounted alcohol in relation to the viewing on the
premises of a sporting event, where that provision is dependent on(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) selling or supplying alcohol in association with promotional posters or
flyers on, or in the vicinity of, the premises which can reasonably be
considered to condone, encourage or glamorise anti-social behaviour or
to refer to the effects of drunkenness in any favourable manner.
4
(72)
1.4 The responsible person shall ensure that no alcohol is dispensed directly by one
person into the mouth of another (other than where that other person is unable
to drink without assistance by reason of a disability).
1.5 The responsible person shall ensure that free tap water is provided on request
to customers where it is reasonably available.
1.6 (1) The premises licence holder holder shall ensure that an age verification
policy applies to the premises in relation to the sale or supply of alcohol
(2) The policy must require individuals who appear to the responsible person to
be under 18 years of age (or such older age as may be specified in the
policy) to produce on request, before being served alcohol, identification
bearing their photograph, date of birth and a holographic mark
1.7 The responsible person shall ensure that(a) where any of the following alcoholic drinks is sold or supplied for
consumption on the premises (other than alcoholic drinks sold or supplied
having been made up in advance ready for sale or supply in a securely closed
container) it is available to customers in the following measures(i) beer or cider: 1/2 pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures
1.8 The showing of films, videos or DVD's to persons under 18 is restricted in
accordance with any recommendations made by the British Board of Film
Classification (BBFC) where the film has been classified by that Board or by the
Licensing Authority where no classification certificate has been granted by the
BBFC or, where the licensing authority has notified the licence holder that
section 20(3) (b) of the Licensing Act 2003 applies to the film.
Annex 2 - Conditions consistent with the Operating Schedule
2.1 Off sales of alcohol are restricted to customers who have purchased
substantial refreshment at the premises at the time
2.2 All staff shall received regular and adequate training on licensing law including
appropriate premises licence conditions and underage sales.
2.3 Documented records of the training given staff to staff in respect of alcohol
sales law will be kept
2.4 All alcohol and late night refreshment will be served to tables by waiter/waitress
service
2.5 Any outside area will receive waiter/waitress service exclusively
5
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2.6 There will be a designated member of staff to monitor the outside area
whenever it is in use
2.7 The premises licence holder will take and act on advice from the local police in
respect of concerns re prevention of crime and disorder/prevential of public
nuisance
2.8 Suitable and sufficient risk assessments are undertaken and implemented in
respect of public safety whenever it is in use
2.9 Whenever practicable toughened glassware shall be used for the service
of all drinks
2.10 Arrangements shall be put in place to ensure that waste collection
contractors do not collect refuse before 08.00 hours on any day
2.11 Arrangements shall be put in place to ensure that where practicable deliveries
are not made before 08.00 hours on any day
2.12 Signage shall be predominantly displayed at all exits reminding customers to
leave quietly
2.13 There shall be no adult entertainment or services, activities other entertainment
or matters ancillary to the use of the premises that may give rise to concern in
respect of children
2.14 An adequate CCTV system must be installed at the premises. The system
must be in place and fully functional before any licensable activity can take
place and it must be maintained in full working order thereafter including
whenever the premises are used for licensable activities. The system shall
adequately coverage all public areas of the premises both internal and external
including all entrances and exits and provide images of evidential standard. All
images must be retained for a minimum of 30 days and such images must be
made available for the Police to view or remove for evidential purposes.
Relevant staff are to be trained and able to use the system.
2.15 Licensable activities are authorised in accordance with the attached plan
except that the only licensable activitiy that may take place outside is the
supply of alcohol
2.16 The premises shall trade as a restaurant
Annex 3 - Conditions attached after a hearing by the licensing authority
None
Annex 4 – Plans
See attached plan with our reference number: MK113031/01/110211
6
(74)
ANNEX C
Premise Licence Application
Police Response
Name of premises
Address
And phone number(s)
Lizarran
309 Avebury Boulevard
Central Milton Keynes
MK9 2GA
Date application received
by police & allocated to
assessing officer
TVP licensing officer dealing or
other e.g. ABO
Licensing Authority dealing with
application
Licensing Authority
licensing officer dealing
Received: 22/08/11
Allocated: 30/08/11
Liz Hodgkinson C1047
Milton Keynes
Ed Fisher
Applicants
correspondence
address if
different to
premise address
Date application
assessment
process began
30/08/11
Name of applicant (individual or
company name)
Company name if different
to applicant
CCOY30 Limited
(Premise License Holder)
Date(s) contact made between police licensing officer and applicant
or other
Name of other
person acting on
behalf of applicant
To whom it may concern:
'I agree to the following condition(s) and the operating
schedule is amended accordingly'
Jamie Conlon.
CCoy30 Ltd T/A Lizarran.
On Mon, Sep 12, 2011 at 2:58 PM, Hodgkinson Elizabeth
<[email protected]> wrote:
Good Afternoon,
I have spoken to the relevant people regarding the variation of
premise license application at Lizarran, 309 Avebury
Boulevard, CMK.
Police request the following alterations to the licensable hours:
AL 3
1
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All licensable activities
Monday – Sunday – to cease by 0130 (except New Years Eve
– remain as applied for)
Opening Hours to remain as applied for
If you agree to the above please reply stating “I agree to the
following condition(s) and that the operating schedule is
amended accordingly” and copy in the Licensing Authority on
[email protected]
Regards
Liz Hodgkinson | Licensing Officer - Milton
Keynes | Telephone: 01908 686142 | Internal: 741
6142 | Mobile: 07970 145072
Thames Valley Police Do Not
object to the granting of this
premises licence application with
the above alteration to operating
hours.
AL 3
Signed Liz Hodgkinson C1047
(Name of police licensing officer or ABO etc)
Date 14/09/2011
2
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file:///L|/Committee/2011-12/SUB-COMMITTEES,%20PANELS%20A....%205%20OCTOBER%202011/19.%20Annex%20D%20-%20EH%20rep.htm
ANNEX D
From: Clarke, Gillian (Environmental Health)
Sent: 02 September 2011 12:41
To: Licensing
Subject: "LIZARRAN" 309 Avebury Boulevard: Variation: L115392
I refer to the Application to Vary the Premises Licence of CCOY30 Ltd (Trading as “LIZARRAN”), to
extend hours.
I would make a Representation on behalf of Environmental Health on the grounds of Public Safety and
Public Nuisance. The Application does not contain any additional measures to promote the Licensing
Objectives as a result of the proposed variation.
In addition, I would draw your attention to the following existing Conditions, which do not appear to be
complied with:2.2 All staff shall receive regular and adequate training on licensing law including appropriate licence
conditions and underage sales
2.3 Documented records of the training given to staff in respect of alcohol sales law will be kept
2.12 Signage shall be predominantly displayed at all exits reminding customers to leave quietly.
Regards,
file:///L|/Committee/2011-12/SUB-COMMITTEES,%20PAN...0OCTOBER%202011/19.%20Annex%20D%20-%20EH%20rep.htm21/09/2011
(77) 09:07:10
ANNEX E
Representation from Mr Bracey
From: Michael Bracey (Home) []
Sent: 08 September 2011 19:45
To: Sloan, James
Subject: Re: Lizarran premises licence application
Follow Up Flag: Follow up
Flag Status: Red
No thank you – I don't feel a meeting is necessary.
I note the conditions but still do not believe dining to 2am is suitable for the area – given the amount of high density
residential accommodation in the immediate vicinity and risks increasing the amount of late night noise – which
travels far and wide and disturbs residents like me and my partner.
Regards, Michael
From: Sloan, James
Sent: Thursday, September 08, 2011 9:28 AM
To:
Subject: Lizarran premsies licence application
Good morning Michael,
The applicant for the above premises has asked whether you would be willing to meet with him to discuss your
concerns and determine what actions could be taken to resolve your issues.
It is not Council policy to pass on your email address or phone number, however he has requested that you contact
him: [email protected]
Or mobile 07831564456.
Alternatively I am happy to facilitate any meeting. You should not feel obliged to meet with him, however the
Licensing Act 2003 does encourage open dialogue between premises and interested parties to ensure the licensing
objectives are promoted and both parties can live and work in close proximity.
I would ask that you confirm whether or not you are willing to meet with Mr Conlon (the applicant/ business owner).
I feel it might be helpful to highlight two important conditions on the licence that may be of interest to you:
2.4 All alcohol and late night refreshment will be served to tables by waiter/waitress service
2.16 The premises shall trade as a restaurant
Best wishes,
James
(78)
James Sloan
From: Michael Bracey (Home) [mailto:]
Sent: 03 September 2011 12:14
To: Evans, Kieran
Subject: Re: Variation to Premise Licence CCOY30 Ltd - 309 Avebury Boulevard
Thank you for the email.
As stated, the development where I live is not quite densely populated residential area, including with families with
children. Many of these apartments overlook the Lizarran Tapas Bar and those that do not (like mine) are affected by
noise which travels far later at night. On this basis I would like to make a representation and ask licensing to consider
the impact of later night opening (past mid night) on residents like me.
I am afraid I don't have anything further or more specific to add.
Thank you, Michael Bracey, 76 Pearl House, 10 Merrivale Mews.
From: Michael Bracey (Home) [mailto:]
Sent: 27 August 2011 11:29
To: Licensing
Subject: Variation to Premise Licence CCOY30 Ltd - 309 Avebury Boulevard
I live at
76 Pearl House
10 Merrivale Mews
Milton Keynes
MK9 2FP
I received your letter about the application received for the extension of the license at the Lizarran Tapas Bar until
2am Monday to Sunday. I live in the vicinity of the premise.
On public nuisance grounds I would like to make a representation. The area known as ‘The Hub’ is not a late night
destination. It is now quite a densely populated residential area with both the residential blocks in ‘The Hub’ and the
apartments in ‘Vizion’ (where I live). Many of these apartments overlook the Lizarran Tapas Bar. Late at night noise
travels far and in the interests of the residents who live here I do not think the area should become a late night (after
midnight) drinking and entertainment destination. Clearly residents should know that living in the city centre is not a
quiet place to be but we all need some sleep!
Thank you
Michael Bracey
-----------------------------------------------
(79)
Please return to:
The Licensing Team
Milton Keynes Council
Civic Offices
1 Saxon Gate East
Milton Keynes
MK9 3EJ
Email: [email protected]
Notification of Representation
By Individual or Business in the Vicinity of the Premises
Licensing Act 2003
Premise Name and Address:
(only 1 can be specified)
CCOY30 Ltd
309 Avebury Boulevard, Central Milton Keynes,
Your Name and Address:
Central Milton Keynes Town Council
45 Stokenchurch Place, Bradwell Common, Milton Keynes, MK13 8AU
Tel:
email address:
Do you want someone to represent your views?
Yes / No If yes please give their name and address below:
Rebecca Kurth, C/o Central Milton Keynes Town Council (as above)
Do you consider yourself to live in the vicinity of the premise?
Yes /
No What is the approximate distance between your property and the premise? ……….. metres
We represent residents living as close as 100 metres from the premises
(80)
Please indicate the grounds under which the objection is made, outline details
and any evidence you have:
Yes Crime and Disorder:
No Yes Public Safety:
No Yes /
No The Town Council is of the view that the increase in hours from that agreed only in January
this year will create undue public nuisance and disturbance for residents of the Vizion
development which faces the premises, as well as those in the Hub directly above.
Public Nuisance:
Yes Protection of children from harm:
Print Name:P. Cranfield
Signature:
No Date: 18/9/2011
IMPORTANT NOTICE :
This information will become a public document and will be sent to the
applicant. Representations that request personal details be withheld from the
applicant will only be considered in exceptional circumstances
Anonymous representations will not be accepted.
(81)
(82)
(83)
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(85)
ANNEX F
From: jamie conlon [mailto:[email protected]]
Sent: 07 September 2011 17:10
To: Sloan, James
Cc: Clarke, Gillian (Environmental Health); [email protected];
[email protected]
Subject: Re: Lizarran 309 Avebury Boulevard
James,
Thank you for your reply. At the risk of repeating myself we are a
restaurant looking to extend licencing hours to our customers. We are not nor
shall be a late night bar for drinkers. I am happy to facilitate anything that
helps being in concert with the licencing objectives.
I am happy to meet anyone including objectors/residents to reassure them
and if necessary give undertakings to re-affirm our objectives.With respect
there have been no compalints about us in three months and we do not
promote cheap alcohol nor alcohol in general and I find it quite ironic that the
objector speaks about the Hub not being a late venue, 3 number late bars
including MY PLACE and alcohol,cheap cocktails being promoted by at least
three restaurants outside their door, (speaking of licencing objectives).
Regardless, I would invite anyone with concerns to come and have a meal
lunchtime or evening on me and they will instantly feel the atmosphere and
ambiance of the place. It is not condusive nor suitable for boozing and there
are many more attractive locations for same around the corner.
Please advise how you wish me to proceed. I am available to meet with
anyone when and if required.
Regards,
Jamie Conlon.
On Wed, Sep 7, 2011 at 3:32 PM, Sloan, James <[email protected]> wrote:
Afternoon Jamie,
Thank you for your detailed explanation, I’m sure it will help the responsible authorities such
as the police and environmental health determine what measures they would expect you take
in order to promote the licensing objectives.
As with any application, it must be taken at face value, so one should appreciate that what
amounts to a two hour extension for licensable activities could in some venues dramatically
alter business offer and change the nature of the premises considerably. I would suggest that
the responsible authorities will be looking for ways in which you will ensure the premises
promotes the licensing objectives. The conditions attached to your licence below will go some
way to ensuring the premises function does not change significantly.
(86)
2.4 All alcohol and late night refreshment will be served to tables by
waiter/waitress service
2.16 The premises shall trade as a restaurant
However you should be prepared that your application may receive representations from
members of the public as there have been recent complaints about other premises in the Hub
and many of the residents are quite passionate about the services provided in the area. I
have already issued one representation to your agent, whom I have copied into this reply. I
am happy to provide any local residents with your contact details should they wish to contact
you for further information. As I say taken at face value, the application may not be to
everyone’s taste. Please confirm if this is what you want? I am also happy to pass on any
response to the objectors from you.
Finally you appear to be offering a condition with respect to a customer entry system. You
may wish to discuss this further with Gillian and Liz.
Here are their contact numbers:
Liz: 01908 686 142
Gillian: 01908 25 2438
Best wishes,
James
James Sloan
Licensing Officer
T: 01908 25 2801
E: [email protected]
Milton Keynes Council l Compliance Unit l Civic Offices l 1 Saxon Gate East l Milton
Keynes l MK9 3EJ
From: jamie conlon [mailto:]
Sent: 05 September 2011 17:18
To: Clarke, Gillian (Environmental Health)
Cc: [email protected]
Subject: Lizarran 309 Avebury Boulevard
Dear Gillian, Liz, James,
(87)
I refer to the premises Lizarran and its application
made by me Jamie Conlon the owner for a licence extension until 2am each
evening Monday to Sunday as required. The reason for the application is
simply a cultural one.
To explain, many and up to 40% of our customers are Spanish, mostly
Santander ,and associated companies, although there are others, and they
tend to work late and eat late. Often on weekdays we would get busy around
10/10:30pm with spanish customers because they would tend to work until at
least 8pm. For this reason they eat late just like in Spain and often we have to
ask them to leave at 12pm. The restaurant has become a social hub for them
and they tend to celebrate birthdays, holidays and other events in Lizarran.
There is a great continental atmosphere when they are present and they are
very pleased with lizarran in Milton Keynes.
Lizarran is the biggest Pinchos (small tapas on a stick) and tapas chain in
spain with over 200 branchs. They are well known to most Spanish people
and well liked. This is a restaurant enviroment and food is 65% of our sales it
is not a bar nor do we promote sale of alcohol. We have many blackboards
both within and without the premises and there is little promotion of alcohol
maybe sangria or wine glass in some always included or accompanied by a
meal.
The purpose of this extension is purely to facilitate the late night eating
habits of our Spanish customers. Although we dont forbid them our
customers. because of the atmosphere, are predominately 25 plus and are
white collar employees. Interestingly we attract the same socio-economic
groups as in Spain, they are diners, and mature drinkers, beer and wine are
our largest sellers, we dont promote nor sell cocktails. I am quite amazed at
the objections from across the road. I have management living overhead and I
have asked them to monitor noise. We have little in way of entertainment but
spanish music and sometimes flamenco. We do not have a raucous or noisy
customers indeed the opposite and I would categorically state there is no
noise pollution to Vision or anywhere across the road. I have made no extra
provisions for public safely or noise pollution simply because I do not see it as
an issue. I probably see our late nights during the week and not at weekends
because I dont want to attract the younger drinkers. it would
not suit our customers or our business and we simply do not attract that
audience anyway. I think it is facile to suggest that a late licence will
automatically attract a different socio-economic group its like saying that if
Brassiere Blanc opened late young people or drinkers would be attracted
there. This would be contrary to the whole spirit of the law.
For many reasons we had made our own procedures for late night such
as monitoring the door,and we would propose to lock the door and man it by
one of the staff letting people in and out after 12pm. We have of course CCTV
and we would upgrade our alarm system if required. We will not be cooking
full menu items after normal hours but pre-prepared tapas and pinchos which
the Spanish prefer.
(88)
We dont intend to advertise our hours opening simply let the Spanish know
and the closing will be descretion of management based on business
demand. I will have to balance my staff welfare with customer needs.
However again it is the custom in Spain that closing times are dictated by
business and not fixed.
I hope this clarifies some matters and I am happy to meet with whomever
needs re-assurance or further explanation from me. I am also open to any
suggestions which may help insure my intentions or ease your concerns.
Please advise how I may proceed and I would appreciate acknowledgement
that you have recieved this mail.
Kind Regards,
Jamie Conlon. mobile
(89)
ANNEX G
(90)