LICENSING AND
REGULATORY SUB-COMMITTEE
RECORD OF
DECISION
(THE PEACOCK
HOTEL, 221 CREWE ROAD,
WILLASTON)
3RD
AUGUST 2007
Present:
Councillor T E Ankers
Councillor J A Beech
Councillor R E Dodd
Advisory Officers:
Ms R
Allen Committee
Advocate
Mr N
Kelly Environmental
Health Officer
Mr A C
Lee Legal
Advisor
Miss D Moulson
Democratic Services Officer
In Attendance:
Ms H Audsley
Orchid Pub
Operations Ltd
Mr G
Riding Peacock
Hotel
Mr H Andrews
Representing
the objectors
21 APPOINTMENT OF
CHAIR
RESOLVED: That Councillor J A
Beech be appointed Chair for the meeting.
22 DECLARATIONS
OF INTEREST
No declarations of interest were made in
respect of any item of business on the agenda.
23
APPLICATION
The Sub-Committee considered the report of the
Executive Director Environment and Development which provided
details of an application by Orchid Pub Operations Ltd to vary the
premises licence for the Peacock Hotel, 221 Crewe Road,
Willaston.
23.1 The
license granted originally to The Spirit Group in 2005 provided for
the sale of alcohol and the provision of entertainment each evening
of the week until 1.00am, with the premises closing at 2.00pm; the
hours to be extended by one hour on bank holiday weekends and on
patron saints’ days.
23.2 A number of
conditions had been imposed on the license. The applicant
sought the removal of the following condition in order to enable
customers in the premises to go outside to smoke, smoking no longer
being lawful within the enclosed part of the premises
-
The beer garden/outdoor drinking area
shall be closed to patrons by 23.30 hours.
23.3 The
Legal Advisor outlined the application for the Sub-Committee.
Members noted that the Environmental Health Service had requested
that the following two conditions be attached to the Premises
licence, if granted:
(a) No music to be
played in the outside drinking area
(b) With the
exception of the Nantwich Jazz Festival weekend, the only outside
drinking area to be used between 23.30 hours and the closing hour
of the premises is the paved area immediately to the front of the
premises
No objections had been received to the
application from the Police.
It was reported that 3 local residents had
objected to the application and copies of their letters were
enclosed with the report submitted. The representations had
been made under the licensing objective of the prevention
of public
nuisance.
23.4 The
Sub-Committee was invited to determine the application having
regard to the Council’s Statement of Licensing Policy and the four
licensing objectives
-
· Prevention of crime and
disorder
· Public safety
· Prevention of public
nuisance
· Protection of children
from harm
23.5 Ms
Audsley presented the application.
Although the licence permitted the Public
House to remain open until 2am, Ms Audsley informed the
Sub-Committee that the usual trading hours for the premises were
11pm midweek and 12 midnight at weekends.
The applicant was proposing that the paved
area immediately in front of the public house would form the limit
of the smoking area enabling regular checks to be made by
staff. It was considered that this approach, together with
the erection of appropriate signs would prevent customers being
displaced onto the public highway and would address the residents
concerns relating to noise
disturbance.
23.6 Ms Audsley
answered questions from the Committee Advocate by way of
clarification.
23.7 Mr
Andrews representing the objectors stated that his letter had not
raised objections to the application per sea but had expressed
concerns in relation to the way in which the application had been
advertised, the potential for an increase in noise disturbance and
the possibility of increased vandalism in the
area.
23.8 The
Committee Advocate asked questions of Mr Andrews by way of
clarification.
23.9 The
Committee Advocate summarised the key points which had
emerged.
23.10 The Sub-Committee
asked further questions of Ms Audsley by way of
clarification.
23.11 The
Sub-Committee, together with the Legal Advisor, withdrew to
consider the application.
23.12 Having reached a
decision, the Sub-Committee re-convened the meeting and informed
the applicant and those present of its decision.
23.13 Decision
RESOLVED:
(A) That the
application to vary the premises license be granted to Orchid Pub
Operations Ltd in respect of the premises at The Peacock Hotel, 221
Crewe Road, Willaston.
(B) That the
variation of the licence be subject to the following conditions
-
(a) No music to be
played in the outside drinking
area;
(b) With
the exception of the Nantwich Jazz Festival weekend, the only
outside drinking area to be used between 23.30 hours and the
closing hour of the premises is the paved area immediately to the
front of the premises; and
(c)
No food or drink to be taken into or consumed in the paved area
immediately to the front of the premises after 23.30 hours.
23.13 Reasons for the
Decision
(a)
The Sub-Committee considered that the representations made by the
interested parties would be addressed by the conditions attached to
the licence by Environmental Health and a further condition imposed
by the Sub-Committee.
(b) The
Sub-Committee took into account –
- The
Council’s Licensing Policy and the Licensing Objectives
- The
report of the Executive Director Environment and Development
summarising the application
- The
written representations made by the local residents
- The
evidence given by the applicant present at the hearing
- The
evidence given by the interested party present at the hearing
…………………….…………………….
Chair