Agenda and minutes

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Contact: Peter Mannings  Tel: (01279) 502174 Email:  peter.mannings@eastherts.gov.uk

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Items
No. Item

41.

Appointment of Chairman

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Minutes:

It was moved by Councillor Page and seconded by Councillor Jones, that Councillor Snowdon be appointed Chairman for the Sub-Committee meeting. After being put to the meeting and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that Councillor Snowdon be appointed Chairman for the Sub-Committee meeting.

42.

Apologies

To receive apologies for absence.

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Minutes:

There were no apologies.

43.

Chairman's Announcements

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Minutes:

There were no Chairman’s Announcements.

44.

Declarations of Interest

To receive any Members’ Declarations of Interest.

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Minutes:

There were no declarations on interest.

45.

Application for Review of the Premises Licence for The Mixer, 6 Baldock Street, Ware, Hertfordshire SG12 9DZ pdf icon PDF 138 KB

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Minutes:

The Chairman summarised the procedure for the Sub-Committee hearing. All those present were introduced or introduced themselves.

 

The Senior Licensing and Enforcement Officer said that the applicant had notified the Council that she was unable to attend the hearing. He presented his report covering an application for review of the premises licence under Section 51 of the Licensing Act 2003 for The Mixer, 6 Baldock Street, Ware.

 

The Chairman explained that the applicant was not available and there had been no acceptable alternative dates. The Sub-Committee agreed to hear the case in the absence of the applicant.

 

The Sub-Committee was advised that on 20 August 2021, a review application was received from the applicant in the capacity of a neighbouring resident acting as an interested party. The review application alleged that there were issues regarding noise from the premises and that there was noise nuisance had been reported from the outside area which closed at 22:00 hours.

 

The Senior Licensing and Enforcement Officer said that the applicant was concerned about noise from the premises when there were live bands or DJ sets and it had been alleged that doors and windows were often open allowing noise to escape more easily.

 

The Sub-Committee was advised that the applicant had requested that the Sub-Committee either close the garden area or bring the forward the closure time for the outside area to earlier than 22:00 hours. A condition had also been requested that all doors and windows be closed at the same time to prevent noise leakage. The resident had called the review as she believed that this related to the prevention of public nuisance licensing objective.

 

The Senior Licensing and Enforcement Officer said that further representations were received during the 28 day consultation period; further representations were received from Environmental Health, Hertfordshire Constabulary, a District Councillor, a Town Councillor and four from local residents or local businesses.

 

The Sub-Committee was advised that the representation from Environmental Health confirmed that Officers had received numerous complaints over the years and noise equipment had been installed in the applicant’s home in November 2019.

 

The Senior Licensing and Enforcement Officer said that Environmental Health had made unannounced visits and Officers had not established the existence of statutory noise nuisance as defined by the Environmental Protection Act 1990.

 

The Sub-Committee was advised that the representation from the police gave a brief history of the premises and informed the Sub-Committee on a number of police reports. The police had stated that they had received 11 reports between 5 October 2019 and 25 June 2021, in relation to noise. The police had liaised with the applicant and conditions had been suggested to the Sub-Committee, as detailed in paragraphs 1.12 and 1.14 of their report.

 

The Senior Licensing and Enforcement Officer said that the police had stated that they believed that there was evidence that music played from the premises was loud and impacted upon residents and the police believed that the use of the archway was causing a  ...  view the full minutes text for item 45.

46.

Urgent Business

To consider such other business as, in the opinion of the Chairman of the meeting, is of sufficient urgency to warrant consideration and is not likely to involve the disclosure of exempt information.

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Minutes:

There was no urgent business.