LICENSING AND REGULATORY SUB-COMMITTEE NO. 4

RECORD OF DECISION

(NAKATCHA, 20 WELSH ROW, NANTWICH)

10^TH AUGUST 2007

Present:            Councillor J Lewis

                         Councillor R E Dodd

                         Councillor R Stafford

Advisory Officers: 

Ms R Allen                   Assistant Solicitor (Committee Advocate)

Mrs C M Jones             Democratic Services Committee Officer

Mr A C Lee                   Legal Adviser

In attendance:

Mr C Webb                   Manager of Nakatcha, representing

                                    Punch Taverns, the applicant

Mrs A Potts                  Head of Environmental Health

Ms A Jackson               Enforcement Officer

Mr N Kelly                     Environmental Health Officer

Ms S Edge                    Environmental Health Officer

Inspector C Brierley        Cheshire Police – Eastern Division

Sgt D Kibblewhite           Cheshire Police – Eastern Division

Mr D Smethurst              Licensing Office – Cheshire Police – Eastern Division

24        ELECTION OF CHAIR

RESOLVED: That Councillor J Lewis be elected Chair of the Sub-Committee for the remainder of the Municipal Year.

25        DECLARATIONS OF INTEREST

No Member made any declaration of interest in the proceedings.

26        APPLICATION

The Sub-Committee considered the report of the Executive Director (Environment and Development) which provided details in respect of an application by Punch Taverns to vary the current premises licence in respect of Nakatcha, 20 Welsh Row, Nantwich.

26.1    The application contained in the report was to extend the hours for all licensable activities (including live music, recorded music, dancing, late night refreshment and alcohol sales) and to extend the closing time as shown in the (amended) table below –

26.2         Outline of Application

The Legal Adviser outlined the application.  It was noted that both the Police and Environmental Health had made representations. One local resident had also made a representation, objecting to the application under the licensing objective of prevention of public nuisance.

In addition to the extended hours, the applicant was also seeking removal of the condition requiring closure of the beer garden at 23.00 hours.

Environmental Health had objected to the grant of the variation on the ground that an increase in the use of the outdoor drinking area, and the playing of recorded music outside, would be likely to cause a public nuisance to neighbouring residential dwellings.

The Police had not objected to the application subject to the following two conditions –

(1)          There will be no entry or re-entry to the premises after 1.00 hours each day and for the purposes of this condition, the term “premises” used here includes any external drinking/smoking area provided for customers.

(2)         Door supervisors will be provided from 21.00 hours until the premises close every Thursday, Friday and Saturday at the following levels:

Thursday – a minimum of 2 door supervisors

Friday – a minimum of 4 door supervisors

Saturday – a minimum of 4 door supervisors

26.3    The Sub-Committee was invited to determine the application having regard to the Council’s Statement of Licensing Policy and the four licensing objectives –

§                    The prevention of crime and disorder

§                    Public safety

§                    The prevention of public nuisance

§                    The protection of children from harm

26.4    Mr Webb (Designated Premises Supervisor – Nakatcha), representing the applicant, Punch Taverns, presented the application.

The variation was being sought to enable customers to smoke in the beer garden.  The proposals were a response to the smoke-free legislation and were a reasonable way of discouraging large numbers of smokers from congregating on the footway outside the front of the premises which would have implications for road safety. In response to a question, Mr Webb confirmed that there were often upwards of 50 patrons at a time on the footway at the front of the premises.  Whilst such a large number could potentially cause problems, the full extent of any nuisance could not be felt at the present time, as Welsh Row was currently closed to vehicles;  upon its re-opening, Mr Webb expected that it would be a source of highway danger to both motorists and patrons.

It was noted that the proposal for use of the beer garden was not limited to smoking only, but also included consumption of alcohol.

26.5     Mr Webb was questioned by the Committee Advocate, Mr N Kelly (Environmental Health) and Members of the Sub-Committee. 

26.6    Police Observations

Mr D Smethurst, Licensing Officer for the Police, outlined the Police observations.

The Police had not objected to the variation on the basis that the provision of a separate area for smoking would minimise the likelihood of disturbance.  At present, patrons who smoked were required to exit the premises and mingle at the front with other members of the public queuing for admittance to licensed premises in close proximity to Nakatcha. The combination of circumstances of people queuing, traffic and inter-mingling of intoxicated patrons with others, was likely to give rise to incidences of disorder. 

Having heard from Mr Webb, Mr Smethurst stated that whilst the Police had not objected to the application, subject to the conditions referred to above, he was now of the opinion, in the light of Mr Webb’s oral presentation, that the number of door security personnel was inadequate and should be increased by 2 on Thursdays, Fridays and Saturdays.  Mr Smethurst also expressed concern that the proposal included consumption of alcohol in the smoking area.

26.7    Environmental Health Observations

Mr N Kelly, presented Environmental Health’s observations on the application.  There were two principal objections -

(1)        Use of the beer garden/outdoor drinking area for music; and

(2)       The potential for increased noise disturbance due to the break-out of sound from the single door of the premises which was used for access to the beer garden/outdoor drinking area.  The back of the premises was significantly quieter than the front, and the potential for noise to travel was greater. 

Mr Kelly also expressed concern that the proposed use of the beer garden was not limited to smoking only, but was intended for the consumption of alcohol.  In response to this objection, Mr Webb stated that from a personal safety perspective, patrons were unwilling to leave their drinks unattended, given the escalating issue of "drink spiking”.

In concluding his representations, Mr Kelly asked the Sub-Committee, if it was minded to approve the application, to give consideration to restricting the number of patrons permitted in the beer garden at any one time. 

26.8    Mr Webb tabled a plan which showed the proposed fenced-off area to be designated for smoking.

26.8    Representation from Local Resident

A local resident, Ms K Manby, had made representations that the original application had been granted on the grounds that the noise would be contained within the building and the measures taken at that time were intended to ensure that this condition was met.  

Ms Manby was of the view that the variation now proposed would result in public nuisance as a result of the noise emanating from late-night drinking in the beer garden.

Ms Manby was not in attendance, but the contents of her letter of objection were taken into account.

26.9    The Committee Advocate summarised the key points which had emerged during the hearing.

26.10     Mr Webb summarised the application and agreed to withdraw his proposal for monthly live music in the Summer in the beer garden.

26.11  The Sub-Committee, together with the Legal Adviser, adjourned to consider the application.

26.12  Having reached a decision, the Sub-Committee re-convened the meeting and informed the applicant and those present of its decision.

26.13  DECISION

RESOLVED: 

(a)       That the application be granted as follows:

Extension of the hours for alcohol sales, late night refreshment, live music/recorded music/performance of dance/anything of a similar description, provision of facilities for making music and dancing or entertainment of a similar description as submitted in the (amended) application;

Extension of closing times as submitted in the (amended) application;

Extension of all of the above by one hour on each Sunday preceding a bank holiday Monday.

(b)        That the application to remove the licence condition requiring the closure of the beer garden at 23:00 hours be refused.  The condition imposed by the Licensing & Regulatory Sub-Committee in 2005 was modified and further conditions were attached as follows:

(1)          The beer garden/outdoor drinking area shall close at 23:00 hours except for the smaller area of decking adjacent to the building which shall be designated a smoking area. A plan of the smoking area shall be submitted to the Licensing Authority for approval prior to it being brought into use.

(2)         The smoking area shall be clearly defined to customers of the premises by the use of physical barriers and signs.

(3)          A double set of entry doors shall be provided in order to restrict the outbreak of sound from the building into the smoking area.

(4)          No food or drink shall be taken into or consumed in the smoking area after 23:00 hours.

(5)          The following number of door supervisors shall be provided from 21:00 hours until the closing time of the premises as follows:

Thursdays         minimum of 4 supervisors

Fridays              minimum of 6 supervisors

Saturdays          minimum of 6 supervisors

(6)        There shall be no entry or re-entry to the premises after 01:00 hours.   For the avoidance of doubt, the term “premises” included the beer garden/outdoor drinking area and the smoking area.

26.14  REASONS FOR THE DECISION

(a)        The Sub-Committee considered the representations made at the meeting by Environmental Health and the Police, together with a written representation submitted by the interested party (Ms K Manby).

(b)        No representations had been made in respect of extending the licensing hours and accordingly the Sub-Committee granted that part of the application.

(c)       The two licensing objectives of (i) prevention of public nuisance and (ii) public safety were the relevant objectives upon which to base the application to remove the condition requiring the closure of the beer garden at 23.00 hours.  The Sub-Committee imposed the additional conditions on the licence to safeguard the occupants of neighbouring residential properties from noise nuisance and to address safety issues arising from patrons congregating outside the front of the premises on the narrow footway in order to smoke.  

(d)       The Sub-Committee also took into account –

Ø       The Council’s Licensing Policy and the Licensing Objectives

Ø       The report of the Executive Director (Environment and Development) summarising the application

Ø       The written representation made by the local resident

Ø       The evidence given by the applicant present at the hearing

Ø       The evidence given by the responsible authorities represented at the hearing

26.15  All parties were notified of their right of appeal to the Magistrates Court.

………………………………….Chair