Licensing Act 2003 – An application for a Variation to a Premises Licence in respect of Paignton Rugby Football Club, Queens Park, Queens Road, Paignton TQ4 6AT
To consider an application for a Variation to a Premises Licence in respect of Paignton Rugby Football Club, Queens Park, Queens Road, Paignton.
Minutes:
Members considered a report on an application for a Variation to a Premises Licence in respect of Paignton Rugby Football Club, Queens Park, Queen’s Road, Paignton TQ4 6AT.
Written Representations received from:
Name |
Details |
Date of Representation |
Public Protection |
Representation in relation to Licensing Objective ‘The Prevention of Crime and Disorder’ and proposed deletion of existing conditions and proposed additional conditions. |
6 March 2014 |
Members of the Public |
9 Representations in relation to Licensing Objectives ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance.’ |
Various dates March 2014 |
Oral Representation received from:
Name |
Details |
The Applicant’s Legal Representative |
The Applicant’s Legal Representative outlined the application, as set out in the submitted documents and responded to Members questions. |
Public Protection |
The Public Protection Officer outlined their objection, as set out in the submitted documents and responded to Members questions. |
Members noted that there had been no additional Representations received from any other Responsible Authority or any Interested Party.
Additional Information:
Paignton Rugby Football and Cricket Club currently has three separate licences operating under the same premises. There are two Club Premises Certificates, one for the Rugby Club and the second for the Cricket Club.. Both Certificates permit alcohol and regulated entertainment inside the club house until 1.00am for Members and signed in guests.
The third is a Premises Licence which is granted to Paignton Rugby Club and permits the general public access to the Club House until 10.00pm.
Paignton Ruby Club sought clarity to align the Premise Licence with the same authorisations granted under their Club Premises Certificate which would enable to permit members of the public to use the Club House and facilities and alleviate confusion with enforcement agencies.
Members noted that an Abatement Notice has been served on Paignton Rugby Club in April 2012 and is still operative. In addition Members noted that the concerns raised in the Representations by Interested Parties related to similar issues which resulted in the service of the Notice in 2012.
The Council’s Senior Lawyer advised Members that the wording throughout the Applicant’s operating schedule needed to be specific and enforceable to the Rugby Club’s Premises Licence. Members were advised that a number of amendments needed to be made to the wording of this application to ensure that there was no ambiguity when it came to enforcement, should Members resolve to grant the licence.
The Council’s Senior Lawyer highlighted to Members and the parties present where the number of amendments were needed, as follows:
Section in Variation to Licence Application |
Wording |
Amended Wording or advice |
Section 16 |
As the existing conditions, plus the addition of... |
As the existing conditions of the current Premises Licence plus the addition of... |
c) Public Safety 4) |
A log book shall be kept of all incidents for disruptive behaviour and any complaints made by the public. |
A log book shall be kept of all incidents of disruptive behaviour and any complaints made by the public. |
c) Public Safety 13b) |
The management shall ensure that there are suitable numbers of staff... |
Clarification of ‘suitable’ needed for enforcement purposes. |
c) Public Safety 13d) |
Car parks must be monitored..... |
Premises car parks must be monitored.... |
c) Public Safety 13e) |
Stewards shall be on hand to ensure that car park entrances are closed as the event closes. |
Stewards shall be on hand to ensure that premises car park entrances are closed as the event closes. |
d) The Prevention of Public Nuisance 1)
d) The Prevention of Public Nuisance |
towards the club house
All staff shall be trained to deal with ‘difficult’ customers.
|
Be deleted and add thereafter ‘in writing by Environmental Health prior to each event taking place
Clarification of ‘difficult.’ Needed. Proposed unruly, noisy, aggressive, drunk. |
e) The Protection of Children from Harm 1) |
Staff shall be trained to prevent sale of alcohol to under 18’s. Proof of age Policy ..... |
Staff shall be trained to prevent sale of alcohol to under 18’s. A proof of age policy shall apply to any customer.... |
e) The Protection of Children from Harm 2) |
Clearly marked signs shall be prominently displayed for the sale of soft drinks and water. |
Clearly marked signs shall be prominently on the Premises displayed for the sale of soft drinks and water. |
e) The Protection of Children from Harm 2)
|
Clearly marked signs shall be prominently displayed for the sale of soft drinks and water. |
Clearly marked signs shall be prominently displayed on the Premises for the sale of soft drinks and water. |
e) The Protection of Children from Harm d) |
In respect of the Beer Festival no person under the age of 18 shall be permitted on site after 6pm. |
Members were advised by the Applicant’s Legal Representative that 6pm was an error and that it should state 9pm as 6pm on site would remove children completely from the premises and clubhouse during an event after this time.
Members were advised by the Council’s Senior Lawyer that timing in the application could not be amended as proposed. In that there would be a need for consultation with Responsible Authorities’ and Interested Parties. Particular reference was made in respect of Children’s Safeguarding Board in that the absence of a Representation from them meant that an inference could be drawn that they were satisfied that the application as it stood met the Licensing Objective in respect of The Protection of Children from Harm. |
Clarification was sought by the Applicant in respect of the Clubs Premises Certificate in that this application had no bearing on it.
The Council’s Senior Lawyer confirmed that this was a separate application for a variation to the Rugby and Football Club’s Premises Licence and that the provisions contained within the Clubs Premises Certificate remained unaffected by this application.
Decision:
That theapplicationfora Variationto aPremises Licencein respectof PaigntonRugby FootballClub, Queens Park, Queen'sRoad, PaigntonTQ4 6ATbe grantedas appliedfor subjectto licensableactivities ceasinginside thepremises at11pm, withdrinking upbeing permittedfor 30minutes thereafterand closure ofthe premisesbeing at11.30pm.
With regardsto theuse of theexternal areaof thepremises, thelicence shallbe granted as applied for subject tolicensable activitiesceasing at 11pm,with drinkingup beingpermittedfor30 minutesthereafter and closureof thepremises beingat 11.30pm.
Only6 eventsper yearshall bepermitted, as inaccordance withthe current Premises Licence.
The wordingof theconditionsputforwardbythe Applicantsin theiroperatingscheduleshall beamended in line withthat proposedby theCouncil's SeniorLawyer atthe hearing,to ensurethat theconditions to beimposedon thepremises licenceare notambiguous andare enforceable.
Reason for Decision:
Having carefullyconsidered all thewrittenandoral Representations, Membersresolved togrant the variationtothe PremisesLicence, asin accordancewith thedecision abovehaving beensatisfied thatthe applicationin respectof theexternal areaof thepremises wouldnot underminethe LicensingObjectives, giventhe consideredand comprehensiveconditions tobe imposedon thepremises licence.
In respectof theinternalareaof thepremises, Membershad regardto the representationsput forwardby the interestedparties andthe factthat thepremises issubject toan abatement notice. Assuch, Members were concernedthat thenature ofthe application would resultin thepremises becominga public house in a residentialarea withno realconsiderationgivento itsimpact onnearby residentsafter 11pm.Members formedthis viewby whatthey sawas alack ofappropriateconditionscontained withinthe Applicants operating schedule, theemphasisof theapplication andthe oralrepresentations submittedatthe hearing by boththe Applicantsand theirlegal representativebeing inrelation tothe useof thepremises external area andthe lackof anydefiniteorenforceable proposalsfor controland theuse of thepremises inside area.
In lightof this,Membershadregard tothe Council'sLicensing Statementof Principles2011 whichclearly states atsection 4,paragraph 4.4of page24 thatthe LicensingAuthoritiesrationale forissuing premises licence istorefuseor limit types ofregulated entertainmentor imposeearly closingtimes where Applicant'shavenot sufficientlydemonstratedhowthey willprotectresidentialpremises, from public nuisanceand assuch, felt itappropriatetolimit licensableactivities until 11pm with closureof the premisesbeing at11.30pm.
Supporting documents:
- Licensing Act 2003 – An application for a Variation to a Premises Licence in respect of Paignton Rugby Football Club, Queens Park, Queens Road, Paignton TQ4 6AT, item 64. PDF 134 KB
- 08042014 Paignton Rugby Football Club (Var) App 1.pdf, item 64. PDF 362 KB
- 08042014 Paignton Rugby Football Club (Var) App 2.pdf, item 64. PDF 267 KB
- 08042014 Paignton Rugby Football Club (Var) App 3.pdf, item 64. PDF 3 MB
- 08042014 Paignton Rugby Football Club (Var) App 4.pdf, item 64. PDF 202 KB
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