The Interim Assistant Director Waste, Fleet and Transport Services will present a report (Document “G”) which outlines an application for  variation of a Premises Licence authorising the sale of alcohol; the provision of regulated entertainment and the provision of late night refreshment.

Members are invited to consider the information and documents referred to in this report and, after hearing interested parties, determine the related application.

(Tracy McLuckie – 01274 432240)

RECORD OF A HEARING FOR VARIATION OF A PREMISES LICENCE FOR STEETON HALL, STATION ROAD, STEETON

Commenced: 1010

Adjourned: 1038

Reconvened: 1100

Concluded: 1102

Present

Members of the Panel

Bradford District Licensing Panel: Councillor M Slater (Chair), Councillor Dodds and Councillor Godwin

Parties to the Hearing

Ms A Armitage – Applicant

Ms H Downes - Applicant

Representations

The Interim Assistant Director Waste, Fleet and Transport Services presented a report (Document “G”) which outlined an application for  variation of a Premises Licence authorising the sale of alcohol; the provision of regulated entertainment and the provision of late night refreshment.

The Panel was advised that the purpose of the requested variation was to remove three conditions which had been put on the licence when it was first granted as they had been offered by the applicant at that time. The Panel was also advised of an objection that had been made to the current application.

The applicant attended the hearing and spoke in support of her application, explaining that the removal of the condition prohibiting the use of fireworks had been requested to allow their occasional use at wedding celebrations if requested by the wedding party. The removal of the condition in respect of customers carrying open or sealed bottles was to allow guests at various celebratory events to bring bottles onto the premises as gifts and the removal of the condition in respect of children under 18 being required to vacate the premises by 2100 hours was to enable family groups to remain together at celebrations which continued after that time.

She stressed that, in her view the removal of those conditions would not put the community at risk nor would it cause a nuisance.

The Panel was also advised that fireworks had previously been allowed at the premises and had only been used very occasionally. The management Steeton Hall had used a reputable, fully insured company and displays had been well organised and had lasted a maximum of ten minutes each time.

In response to a question from the Panel, its legal advisor explained the current legislation in respect of the use of fireworks and advised the applicant that she needed to make herself well aware of both statute and local byelaws.

The applicant confirmed that any customer requesting a firework display would have to pre-book a display via the professional company used by the venue and would not be permitted to bring their own fireworks onto the premises. She also confirmed that she was now aware that a breach of the conditions presently in force would constitute a criminal offence, having had useful and positive discussions with the licensing officer from West Yorkshire Police.

She confirmed that she did not expect to receive frequent requests for firework displays, estimating a number of approximately three displays per year as well as New Year’s Eve.

In response to a question from the Panel about excessive noise and the control of events, the applicant stated that, in her view, there was no excessive noise. She noted that the objector’s residence was near the garden area of Steeton Hall and that no undertaking had ever been made to close off the garden. Noise levels had been monitored by the Council a couple of years ago and had been found not to be a nuisance.

The Panel’s legal advisor stressed to the applicant that, as the designated premises supervisor, it was her responsibility to ensure that events were properly supervised and well managed, even when she was not personally in attendance at the premises.

Resolved –

That having considered all valid representations made by the parties to the hearing; valid written representations received during the statutory period, the published statement of licensing policy and relevant statutory guidance; the panel

(1)  Grants the application to remove conditions 11 and 21 from the premises licence.

(2)  Maintains and amends condition 19 to include the words “except on new years eve”.

(3)  Advises the applicant that, for any other event involving licensable activity where explosives, pyrotechnics or fireworks are requested, a temporary event notice must be applied for.

Reason:- it is considered necessary that the above condition be maintained in order to minimise noise disturbance to nearby residents – prevention of nuisance objective.

ACTION: Interim Assistant Director Waste, Fleet and Transport Services