Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

There were no declarations of interest received.

Proposal:     Review of the Premise Licence

Location:      Newbury Rugby Football Club Ltd, Monks Lane, Newbury RG14 7RW

Applicant:    Environmental Health

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 12 September 2012 and considered a request for a review of a premises licence pursuant to section 51 of the Licensing Act 2003 (reference 12/01256/LQN).  The application was made by West Berkshire Council, Environmental Health in respect of premises licence number 013875, granted to Newbury Rugby Football Club Ltd for premises Known as Newbury Rugby Football Club, Monks Lane, Newbury, Berkshire RG14 7RW.

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

1.                 the prevention of crime and disorder;

2.                 public safety;

3.                 the prevention of public nuisance; and

4.                 the protection of children from harm.

They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 and West Berkshire Council’s Licensing Policy.

The Sub-Committee heard representations made by:

1.                  The Applicant: Rosemary Green, Environmental Health Officer.

2.                  Supporter:  Councillor Tony Forward of Greenham Parish Council

3.                  Licensee:  Mr C Rees, Manager and Mr A Pankhurst on behalf of Newbury Rugby Football Club Ltd.

The Licensing Sub-Committee also considered the representations of the following who did not attend: Mr & Mrs McKenzie and Mr & Mrs Whiting.

Having taken those representations into account, the Licensing Sub-Committee found that the premises known as Newbury Rugby Football Club was not being operated in accordance with the licensing objective for the prevention of public nuisance as the activities at the premises were causing an ongoing public nuisance to surrounding residents. The Sub Committee therefore RESOLVED that premises licence number 013875, issued in respect of premises known as Newbury Rugby Football Club, Monks Lane, Newbury, be modified with immediate effect in the terms below:

1.                  The number of major events (attendance by 500 people or more) at the premises playing live or recorded music outdoors shall be limited to 4 (four) events per calendar year, with 3 (three) weeks between events so that nearby residents are not regularly exposed to elevated noise levels

REASON:  Prevention of public nuisance

2.                  Acoustic consultants to be used by the Licensee for major events (attendance by 500 people or more) at the premises which will include the playing of live music outdoors. The Licensee shall ensure that the consultants are present during the sound check and that they carry out monitoring at nearby residential properties during the event to ensure that live music from the rugby club does not give rise to noise nuisance at nearby residential properties. The monitoring information from each event to be made available to the Environmental Health Service of West Berkshire Council during or after each event on request by an authorised Environmental Health Officer.

REASON:  Prevention of public nuisance

3.                  The Licensee shall complete a mail drop to local residents within a 1 kilometre radius of the licensed premises known as Newbury Rugby Football Club Ltd to advise residents of any major events (attendance by 500 people or more) at the premises at least 1 week before the commencement  ...  view the full decision text for item 4.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Rosemary Green – Environment Health Officer for West Berkshire Council (Applicant), Mr Tony Foreward (Supporter) Greenham Parish Council representative, Mr Christopher Rees (Newbury Rugby Football Club Manager) and Mr Ally Pankhurst (Newbury Rugby Football Club representative) addressed the Sub-Committee on this application.

Ms Matheou, in addressing the Sub-Committee, raised the following points.

On the 19^th July 2012 West Berkshire Council Licensing received an application from West Berkshire Council’s Environmental Health Pollution Team Senior Environmental Health Officer Rosemary Green for a review of the Premise Licence for Newbury Rugby Football Club under Section 51 Licensing Act 2003.

The application to review the licence related to the Prevention of Public nuisance licensing objective (noise nuisance from amplified live music outdoors), details of the grounds for the review would be explained in full by the applicant, the Senior Environmental Health Officer Rosemary Green.

The consultation period ran from 20 July 2012 to 16 August 2012 and within the prescribed 28 day consultation period the Licensing Department received three (3) other representations in support of the application:

1.      John Boston, Clerk to Greenham Parish Council.

2.      Residents Michael and Barbara McKenzie

3.      Residents Robert and Tricia Whiting.

In addition, Licensing were forwarded a copy of a letter from Chris Rees to Rosemary Green dated 30 July 2012.  The letter appeared to refute the allegation made by officers that Mr Rees was under the influence of drink during the event held at the Rugby Club over the weekend of 13 July 2012.  As the review had been applied for on the grounds of public nuisance only, it was considered that this letter had no bearing on the issues being reviewed so the document was not included in the agenda documents.

Also on file was a ‘To whom it may concern’ letter from  Ms L Taylor that commended the club for a ‘marvellous event’ and ended by emphasising that, in her opinion, the event would not have been as successful had Mr Rees been under the influence of alcohol.  Although the letter relates to the event it was generic with no reference to the reasons for the review being applied for by Environmental Health, the letter was therefore considered to be not relevant to the review and was intended only as a personal commendation of Mr Rees.

Members of the Sub Committee were advised of the presence of these letters for consideration as to whether or not they believed the letters were pertinent and should be admitted and that the Licensing Authority did not object to the submission of these.

Mr Rees also e-mailed Brian Leahy, Senior Licensing Officer on 11 September 2012 referring to letters of support / other evidence.  Mr Leahy informed Mr Rees of the above mentioned documents and advised that they were the only ones that were held on file, but he also advised Mr Rees regarding the submission of any additional information that he might wish  ...  view the full minutes text for item 4.