Agenda item

The Director of Environmental Services submits a report on an application for a new premises licence, Riverside Pavilion, Riverside Football Ground, Braunstone Lane East, Leicester, LE3 2FW.

 

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 454 6354.

 

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked “NOT FOR PUBLICATION”. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration.

 

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence for Riverside Pavilion, Riverside Football Ground, Braunstone Lane East, Leicester, LE3 2FW.

 

Members noted that representations had been received in respect of the application which necessitated that the application for a new premises licence had to be considered by Members.

 

The applicant, Mr Kehar Singh Hayer was present with a representative, Mr Andrew Cox. Also present were Councillor Nigel Porter, local councillor for Aylestone, Mr Chris White (Noise Team, Leicester City Council), Mr Roger Barrington (Braunstone Town Council) and Ms Jenny Davie (local resident on behalf of Aylestone Meadows Appreciation Society - AMAS). Also present were the Licensing Team Manager and Solicitor to the hearing panel. Observing in the public gallery were Councillor Piara Singh Clair (former Chairman of the GNG Football Club). Mr Steve White (Chair of Governors, Ellesmere College), Mr Kulwinder Singh Johal and Dr. Johal were present in the public gallery and accompanied the applicant. Further members of the public were observing from the public gallery.

 

The Licensing Team Manager presented the report. Colour photographs of the exterior of the premises were circulated to all those present at the meeting. It was noted that a representation from the Noise Team was made on the grounds of the prevention of public nuisance. It was noted that representations from a local resident and from Braunstone Town Council were made on the grounds of the prevention of public nuisance. It was also noted that representations were received from Councillor Porter (Ward Councillor for Aylestone), a local resident, and local resident on behalf of Aylestone Meadows Appreciation Society on the grounds of the prevention of public nuisance and the protection of children from harm.

 

The meeting was informed that supplemental information had been circulated before the meeting, consisting of a signed agreement between the applicant and the Noise Team, and an email from a resident.

 

Mr Chris White on behalf of the Noise Team outlined the reasons for the objection and subsequent agreement with the applicant, and answered questions from Members:

 

·         The premises was close to a number of residential properties, and the noise team was mainly concerned with on-street activity.

·         An agreement was reached between the applicant and the Noise Team, to the conditions requested by the Noise Team outlined in the report.

·         A noise limiter would not be considered at this point, as the structure of the building should be adequate to prevent noise escaping from the premises with the doors and windows kept shut.

·         The applicant indicated that regulated entertainment would only take place indoors.

 

In response to Members questions, the Licensing Team Manager made the following points:

 

·         It was a statutory responsibility for the applicant to consult with the Fire Authority.

·         It was the premises user’s responsibility to carry out fire safety assessments, and to comply with regulations, but did not need to be considered as part of the licence application.

 

Councillor Porter, Ward Councillor for Aylestone, supported the concerns raised by local residents, and made the following points:

 

·         He was please an agreement had been reached regarding the opening hours, and sale of alcohol hours, as one concern of the residents was noise from drunk people, and car doors slamming in the early hours of the morning.

·         Local residents believed 8-10 Temporary Event Notices could be applied for each year, rather than the premises have a permanent licence for late hours.

·         There was concern alcohol would be sold as early as 09.00 hours.

 

Ms Davie outlined the reasons for the objection, and made the following points:

 

·         The council had initiated a football strategy to encourage youngsters to play football, and use the facilities.

·         The club wanted to make money through the sale of alcohol, but it was not clear what access to the premises the under 18s would have when alcohol was being sold.

·         Not all teenagers would have adults accompanying them, and would need access to soft drinks and snacks.

·         It was a shared facility with Ellesmere College who would also use the facilities, and did not go hand in hand with the sale of alcohol.

·         If the football club was not encouraging people to drink, then why apply for an alcohol licence.

 

Mr Hayer and his representatives were given the opportunity to respond to the points made:

 

·         Mr Hayer managed the GNG Football Club. He did not drink, and he would not encourage anybody else to drink.

·         Other clubs had children changing in the bar before and after matches, and the clubs survived.

·         Parents also left their children with a trainer and went home. If parents had somewhere to sit, it would encourage them to stay.

·         Galvanised fencing had been erected, and the premises was completely fenced off from Ellesmere College, and students would not be allowed into the bar area.

·         The licence had been applied for at the request of parents, and would be good for the sustainability of the club, though the club fundraised as much as possible. The premises though would not be used as an off licence.

·         Licensable activities would not take place outside of the premises.

·         The club organisers would work with residents to alleviate concerns.

·         Open days and evenings would be arranged to encourage all in the community to be involved in the club.

·         The club was what the local community wanted.

·         5-6 local families already used the facilities available even though the club was not fully open yet and the club wanted to increase the number. The majority of children using the club were local.

·         The premises had a capacity of approximately 200 people.

·         Mr Hayer would personally be involved in the fire risk assessment of the premises, and the Fire Authority would dictate the capacity limit of people in the premises.

·         The bar was closed off by a steel shutter when not in use.

·         Children would not be allowed into the bar area, but in the recreational area accompanied by an adult.

·         There were specific changing rooms for people to get changed.

·         The premises were not currently in operation.

·         GNG Football Club provided grass roots football, and were not there to provide alcohol to get people drunk, and would encourage responsible drinking.

·         The supply of alcohol would provide 50% of the club’s income. No funding was received, and the club relied on donations from the community.

·         The club organisers were open to suggestions, such as the provision of family meals in the premises.

 

All parties were then given the opportunity to sum up their positions and make any final comments.

 

The Noise Team asked the Sub-Committee, that should they be minded to grant the application, to consider the requested conditions, as outlined in the representation and subsequent agreement.

 

The Licensing Team Manager clarified that operating hours could be longer than licensable activities hours.

 

Councillor Porter said local residents welcomed the use of the fields again, and the objection had been against development in the nature reserve, and not GNG Football Club. He hoped the activities would not be a nuisance to local residents.

 

Mr Barrington asked to point out an anomaly between operating hours and licensable activities.

 

Prior to deliberation, the Solicitor to the Sub-Committee hearing panel advised members of options available to them in making their decision. Members were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decisions.

 

In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.

 

The Licensing Team Manager, Solicitor to the Hearing Panel, Mr Hayer, Mr Cox, Mr White, Mr Barrington, Ms Davie and persons in the public gallery then withdrew from the meeting. Councillor Porter left the meeting at this point.

 

Members gave the application full and detailed consideration.

 

The Solicitor to the hearing panel was recalled to advise Members on the wording of their decision.

 

The Licensing Team Manager, Mr Hayer, Mr Cox, Mr White, Mr Barrington, Ms Davie and persons in the public gallery then returned to the meeting.

 

The Chair informed everyone present that the Solicitor to the hearing panel had been re-called to advise Members on the wording of their decision.

 

RESOLVED:

 

That the application for a new premises licence be granted for Riverside Pavilion, Riverside Football Ground, Braunstone Lane East, Leicester, LE3 2FW, subject to the following conditions:

 

Conditions Consistent with the Operating Schedule

 

·         The licence holder will ensure there is CCTV on the premises.

·         The licence holder will ensure all staff will be trained to be observant and report anything unusual to management.

·         Anybody under the influence of drugs will be asked to leave the premises, anyone dealing drugs will be reported to the police and banned from site.

·         All children must be accompanied by a parent or guardian.

 

Conditions Consistent with the Representation from the Noise Team

 

·         All external doors and windows must be kept closed, other than for access and egress, in all rooms when events involving live or amplified music are taking place.

·         Prominent, clear notices shall be displayed at all exits / in designated smoking areas requesting customers and staff respect the need of local residents by keeping noise to a minimum when using the outside area and when leaving the premises.

·         Disposal of waste bottles into external receptacles where the noise will be audible to neighbouring properties must not occur between 21.00 and 09.00 hours.

 

Additional Conditions added as part of the hearing

 

·         No under 18’s to be allowed in the bar area unless accompanied by an adult.

·         Changing facilities to be separate from the bar area.

·         The licence holder to operate a Challenge 21 scheme.

·         A refusals register will be maintained at the premises and made available to the authorities on request.

·         No alcohol to be taken outside the pavilion.

·         Late night refreshments to be provided and consumed inside the pavilion only.

 

Operating hours and hours of licensable activities of the premises were agreed as follows:

 

School term time

 

Monday to Thursday

Opening hours 09.00 to 23.30 hours

Regulated entertainment (indoors) 09.00 to 23.30 hours

Late night refreshment 23.00 to 23.30 hours

Supply of alcohol for consumption on the premises 16.00 to 23.00 hours

 

Friday

Opening hours 09.00 to 01.00 hours

Regulated entertainment (indoors) 09.00 to 01.00 hours

Late night refreshment 23.00 to 01.00 hours

Supply of alcohol for consumption on the premises 16.00 to 00.30 hours

 

Saturday

Opening hours 09.00 to 01.00 hours

Regulated entertainment (indoors) 09.00 to 01.00 hours

Late night refreshment 23.00 to 01.00 hours

Supply of alcohol for consumption on the premises 12.00 to 00.30 hours

 

Sunday

Opening hours 09.00 to 23.30 hours

Regulated entertainment (indoors) 09.00 to 23.30 hours

Late night refreshment 23.00 to 23.30 hours

Supply of alcohol for consumption on the premises 12.00 to 23.00 hours

 

School Holidays / Bank Holidays

 

Monday to Thursday

Opening hours 09.00 to 23.30 hours

Regulated entertainment (indoors) 09.00 to 23.30 hours

Late night refreshment 23.00 to 23.30 hours

Supply of alcohol for consumption on the premises 12.00 to 23.00 hours

 

Friday

Opening hours 09.00 to 01.00 hours

Regulated entertainment (indoors) 09.00 to 01.00 hours

Late night refreshment 23.00 to 01.00 hours

Supply of alcohol for consumption on the premises 12.00 to 00.30 hours

 

Saturday and Sunday – as term time.

 

The Sub-Committee Members said the above conditions were requested in order to promote the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.