23 11 2004

The Mayor (Councillor Edwards) (P), Chairman of the Policy and Organisation Board (Councillor Hook)(ex-officio) (P), Councillors Carr, Carter (P), Clinton (P), Mrs Cully (P), Davis, Farr (P), Gill (P), Hayward (P), Jacobs (P), Rigg (P), Smith (P), Taylor (P) Mrs Wright (P) and Wright (P).

 

 

 

Mr Pennie, applicant; Ms A Greenwood, licensee; Craig Burnam, solicitor from John Gaunt and Partners and PC Worrall.

 

 

It was reported that, in accordance with Standing Orders, notice had been received that Councillor Train would replace Councillor Davis for this meeting.

 

 

 

 

Apologies for inability to attend the meeting had been received from Councillor Carr and Councillor Davis.

 

 

 

 

RESOLVED:  That the Minutes of the Licensing Board meeting held on 11 October 2004 be approved and signed by the Chairman as a true and correct record.

 

 

 

 

 

The Board received a copy of the Regulatory Services Manager’s report (a copy of which is attached in the Minute Book as Appendix ‘A’) bringing to the attention of the Licensing Board an application for the renewal of a Public Entertainment Licence for the White Hart public house.  In addition a set of revised special conditions had been proposed to vary existing special licence conditions.

 

 

It was confirmed that a letter dated 15 November 2004 from Gosport Police Station had been distributed prior to the meeting and was attached as Appendix ‘B’ in the Minute book.  This letter related to the use of Security Industry Authority (SIA) approved door supervisors, drug issues and six monthly reviews.

 

 

A solicitor spoke on behalf of the applicant and questioned the need for qualified door security staff when public entertainment formed part of materially food lead events with up to 150 customers and no more than two live performers for the reason of cost.  There had been an absence of complaints since 2002.  In response to questions raised by Members of the Board, the Police Constable suggested that two door supervisors approved by the SIA for public entertainment, eg a dinner and dance, be present for an event of up to 150 customers with entry by ticket.

 

 

Members expressed concern about the history of complaints and the location of the premises and considered that it might be safer for the community and the premises if door staff were employed although they acknowledged a different clientele had recently been attracted.

 

 

The solicitor acting for the applicant distributed copies of a letter dated 3 September 2004 from Gosport Police Station to the Laurel Pub Company commending the work of the applicant and manager of the White Hart public house.  The Laurel Pub Company was experienced in providing food and entertainment around the country and had invested in an expensive new kitchen and had raised the profile of low cost food availability.  Sample menus were tabled at the meeting.  Members were assured that if there was a change in management it was expected that existing standards would be maintained.  It was suggested that, if the licence was granted on a six monthly review basis, meetings could be held at three monthly intervals between the licensee, the licensing authority and the police.

 

 

SIA approved door staff in this area were scarce, expensive to employ and very few women were qualified to enable appropriate searches to be made. The solicitor confirmed that door staff were not needed if up to 100 people attended with up to two performers without backing tracks.  Because of the shortage of door staff the solicitor acting for the licensee felt there was no guarantee that, if six door staff were needed for a larger event, they could be found and for this reason a relaxation of this requirement was requested.  The Borough Solicitor confirmed that if Members so wished, and the availability of qualified door staff improved in the future, a special revised condition could be included allowing the use of sub contracted door staff.    The public house had become food and family orientated and the presence of door staff might give an impression of potential problems to would-be customers and this could prevent them from using the premises.  

 

 

In response to the solicitor, the Licensing Authority officer commented on whether there was a definition for a ‘food lead event’ and that once a Public Entertainment Licence had been granted there was no direct control over individual events.  Members discussed the venue in relation to dinner and dance provision with live backing bands and options for qualified door staff requirements, the number of customers allowed and whether or not a ticketing system was appropriate and how this might be operated.  It was accepted that New Year’s Eve was an exception and would require ticketing.  It was reported that public order offences had, to a great extent, been resolved as there had been no incidents since 2002 when the Laurel Pub Company had taken over.

 

 

Councillor Mrs Cully, Ward Councillor, commented on the manager’s and licensee’s determination to improve the ambience and food provided at the White Hart for local residents to enjoy.  A commitment had been made to residents to ensure that previous problems of noise and disturbance did not return at any time in the future.  It was hoped that any amended conditions could be worded so as to protect the interest of residents so that, if any incidents of disorder did arise in the future their interests were safeguarded.

 

 

The Borough Solicitor outlined a number of suggested changes to the revised special conditions set out in the report and because clarity and care was needed as to the details of the changes, the Board was asked to adjourn whilst the parties discussed appropriate wording. 

 

 

 

The Board resumed and the Borough Solicitor proposed amendments to the revised special condition at paragraph 1.9.1 that  door security operatives would be required as set out in condition 1 of Appendix C save that up to 150 patrons the requirement was for 2 except where each of the following were satisfied:

 

§         food is available at events; and

§         the entertainment is ancillary; and

§         customer numbers are limited to 150; and

§         a maximum of 2 performers.

 

Between 150 and 200 patrons the requirement was for 4 operatives as set out in condition 1

 

 

Following consideration, a number of further amendments were proposed and submitted.

 

 

 

 

1

Door security operatives licensed by the SIA must be provided as follows:-

 

 

 

Up to 150 patrons – 2 door security operatives

Between 150 and 200 patrons – 4 door security operatives including one female

 

Between 200 – 350 patrons – an additional 2 door security operatives to be provided

 

 

 

Save that where each of the following are satisfied no door security operatives are required:-

 

 

 

·                    Food is available at the event; and

·                    the entertainment is ancillary to the provision of food; and

·                    numbers attending the event are limited to 150 patrons; and

·                    there are a maximum of 2 performers.

 

 

2

All door security operatives shall be provided with an easily recognisable non-intimidatory uniform.  All door security operatives while on duty will wear the uniform provided.

 

 

3

Complaints of serious misconduct by door security operatives must be investigated immediately and followed by disciplinary action or immediate removal from the premises as appropriate.

 

4

An incident book is to be maintained on site by the licensee(s).  A record of all incidents of violence, disorder or disturbance must be kept in this book.  Where possible the details of the incident should include the names and addresses of the persons involved and action taken recommended.  The incident book must also be made available for inspection by the Police or officers of the Licensing Authority on request.

 

 

5

Music played at the end of each event should attempt to have a calming affect on patrons (at least ten minutes prior to the end of the event).

 

 

6

Notices are to be placed and an announcement made over the PA system requesting that patrons leave the premises as quietly as possible.  Notices also requesting this must be securely fixed around the premises.

 

 

7

A radio system for door security operatives must be provided to satisfy the Licensing Authority and Police.

 

 

8

A CCTV system to the to the satisfaction of the Police must be provided and maintained.  Access to CCTV tape recordings must be provided at all reasonable times to officers of the Licensing Authority and Police.

 

 

9

The Licensee must attend a series of meetings held on a quarterly basis to review the operation of these conditions between the Licensee, Hampshire Constabulary and officers of the Licensing Authority.  The first meeting to take place three months from any approval of the Public Entertainment Licence. 

 

 

10

The Licensee or his employees must carry out systematic checks of the sanitary accommodation at hourly intervals to discourage misconduct on the part of patrons.  These checks must be recorded.

 

 

Members asked that conditions also be imposed requiring the Licensee to arrange for head counts to be taken and to ensure that noise problems did not arise.

 

 

The Board agreed to delegate authority to the Borough Solicitor in consultation with the Chairman to finalise all the conditions to be attached to the licence.

 

 

Members also agreed to review the operation of the licence after 6 months

 

 

 

 

Members were assured that they would be informed of the details of the Members’ Licensing Training on 1 December 2004 as soon as they were available.

 

 

 

 

RESOLVED:  That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the under-mentioned item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 4 Part I of Schedule 12A of the Act.

 

 

 

 

Consideration was given to an exempt report of the Regulatory Services Manager (a copy of which is inserted in the Minute Book as Appendix ‘C’) that advised the Board of an application for a Private Hire Vehicle Driver’s License. 

 

 

RESOLVED:  That the Board approve the application for a Private Hire Vehicle Driver’s Licence.