Agenda item

To consider the report of the Head of Environmental Health Services.

 

(Report circulated)

 

Application under section 51, Licensing Act 2003 to review the premises licence of The Showman, 54 Cowick Street, Exeter EX4 1AP.

 

Decision of the Licensing Sub-Committee sitting at The Civic Centre on Wednesday 2 June 2010 at 0930hrs

 

Mr and Mrs Tsouris     : Applicants for a Review

 

Representing the Showman:

 

Mr Jim Pope                : Regional Manager, Enterprise Inns

Mr David Layfield         : Manager, The Showman

Mr Richard Taylor       : Solicitor for Enterprise Inns 

 

Representing the Licensing Authority

 

Ms Lisa Cocks                                    : Senior Environmental Health Officer

Mr Steve Cockram                  : Environmental Health Technician

 

The Chair introduced the Sub-Committee Members and Officers.

Application for Review

 

A representation for a review of the premises licence had been received from a Responsible Authority Environmental Health Services at Exeter City Council and an Interested Party, Mr and Mrs D J Tsouris, 53 Cowick Street (next door to the premises), for the reason that the Licensing Objectives relating to Prevention of Public Nuisance, the Prevention of Crime and Disorder and Protection of Children from Harm were not being adequately promoted..

 

In attendance for the Applicants were Lisa Cocks, Senior Environmental Health Officer and Wayne Cockram, Environmental Health Officer and Mr and Mrs Tsouris. Following the application for a review Environmental Health Services entered into discussions with premises licence holder and agreed conditions to be attached to the licence to promote the Prevention of Public Nuisance. 

 

The Interested Party, Mr and Mrs Tsouris read a prepared statement of their evidence to the hearing, a copy of which is appended to this notice. Mrs Tsouris added that she wished to add the Protection of Children from Harm to the objectives not being promoted as she was expecting a baby in a few weeks time.

 

The Responsible Authority, Environmental Health Services, had circulated a report setting out their evidence, a copy of which is attached.

 

At the hearing, Lisa Cocks referred to conditions agreed with the Respondent. The two means of reducing noise were a) works to the building such as cladding and b) attaching a noise limiter to the source of the noise. Lisa Cocks advised that the position of the speakers should be investigated as their location -could impact on the noise  attenuation. It was suggested that the proposed second condition be amended to require the playing of music from the juke box to be through a noise limiter. The recommendation was that there should be no live or recorded music at the premises until the noise limiter was installed and an acoustic survey carried out.

 

One of the conditions proposed that customers should be prevented from using the rear smoking area after 2300hrs seven days a week. To further reduce congregation in this area Lisa Cocks suggested that the seating could be removed after 2300hrs as it was a management responsibility to ensure that customers did not congregate. The Interested Party stated that it would wish the seats to be permanently removed. It was noted that the seats were attached to the boundary walls.

 

Relevant Representations

 

The Respondent Premises Licence Holder, Enterprise Inns, was represented by Richard Taylor, Solicitor, Gosschalks. Also in attendance were Mr Jim Pope, Regional Manager, Enterprise Inns and Mr David Layfield, Manager of The Showman.

 

Mr Taylor stated that there had been a public house on the site for at least 200 years and that the layout had been similar throughout that time with toilets and a beer garden at the back. The premises had both a justices’ licence and a public entertainment licence under the previous licensing regime.  There had never been any problems with the operation of the pub. The present allegations were taken very seriously.

 

Enterprise Inns owns 7,500 pubs in England and Wales and all were leased to tenants. Mr Layfield had taken over the Showman at the beginning of April 2010 on Good Friday.  Mr Layfield has been in the pub trade for eight years and is currently manager of four public houses in the area including the Stowey Arms at Exminster and a pub in Teignmouth. All of the other premises have live music also.  Up to the point that Mr Layfield  took over there had been no difficulties with the Showman but as soon as he took over the tenancy the review proceedings landed.

 

There were two major issues - noise emanating from within the premises and noise from people. Mr Taylor invited the Licensing Sub-Committee to impose the conditions agreed. 

 

Mr Taylor stated that the Interested Party had purchased their home from someone who had stated that there was no nuisance from the premises and that to close the beer garden would mean that the business would cease to be viable. Noise and disturbance would always be caused by the public walking past in Cowick Street.

 

With regard to seating in the garden, Mr Layfield stated that he was prepared to remove the seats but that they would have to be dismantled as they were fixed to the wall. Glasses were not permitted outside the front of the premises and there were signs to this effect. Staff were constantly vigilant to ensure that glasses were collected from tables etc. A glass had been found on a windowsill at the front of the pub but this could have been from any number of pubs in the Cowick Street area.

 

The toilets were not attached to the premises so customers had to enter the rear courtyard to access them. Similarly, the Carousel Function Room was separate from the toilets. Karaoke had been reduced from three to four times a week to once a week.

The Interested Party stated that the proposed conditions would not sufficiently address the problems associated with the back courtyard. Problems were exacerbated by the courtyard being accessible through the rear gate. Smoking in the front of the pub on the pavement did not cause them problems. It was at the back of the premises where the noise could not be more easily controlled

 

The Licensing Solicitor advised that smoking and going to the toilet were not licensable activities although there was an inevitable cross over with the licensable activities. The Licensing Sub-Committee had powers to control the licensable activities through conditions so that the licensing objectives were better promoted but needed to bear in mind the limit of these powers if conditions were to be enforceable.

 

Mr Taylor suggested that the rear gate could be designated a fire exit only so as not to be used as a thoroughfare.  The Carousel Function Room had to be accessed via the courtyard also and it did not have separate toilets.

 

The Interested Party was invited to make any final comments and the Respondent then summed up saying the premises had remained largely unchanged for 100 years. It was necessary to weigh the application on the evidence heard and although it was accepted that the application had been properly made, the premises was in a heavily populated area and if it was as bad as the Interested Party said more support for the application would have been expected.  Enterprise Inns were taking the complaints very seriously and were anxious to ensure that the pub was of benefit to the local community.

 

The Licensing Solicitor advised that the Licensing Sub-Committee should disregard evidence pre-dating the present tenancy as it would be disproportionate to impose conditions as a result of failures of previous management.

Decision

 

The Licensing Sub Committee retired to make its decision in the presence of the Licensing Solicitor and the Member Services Officer only.

 

In determining this application the Licensing Sub-Committee considered all the relevant evidence and information presented to it, both written and oral, and took account of all the matters it is bound to take into account, in particular the following:

 

• Licensing Act 2003 (section 51 - 52)
• Statutory Guidance (March 2010)
• ECC Statement of Licensing Policy (January 2010 – Section 17 and generally)
• Human Rights Act 1998

 

The Licensing Sub-Committee ignored any representations made to it which were not relevant to any of the licensing objectives. 

 

The Licensing Sub-Committee had to consider whether, in the light of the evidence presented on review, it was necessary and proportionate to impose or remove any conditions on the licence or restrictions on the licensable activities and licensing hours permitted under the existing premises licence.

 

The Licensing Sub-Committee found, on the evidence, that the licensing objective of prevention of public nuisance had not, since 2 April 2010, been adequately promoted by all of the licensable activities at the premises. In particular, there has been public nuisance from karaoke and live music and from use of the rear gate in to the courtyard which allows persons to congregate in the rear courtyard and it was necessary for the promotion of the licensing objectives to modify the conditions on the licence by the addition/removal of the following:

 

(1)        no live or recorded music (other than music from the juke box and background music) be permitted until a survey of the building has been carried out to assess its acoustic integrity. If there are any acoustic weak points in the building, details of how the structure will be improved to be submitted to and agreed in writing by the Head of Environmental Health Services. This must include an evaluation of ventilation ducts, windows and lobby area(s) around doors to be used for external access and egress and positioning of speakers and juke box. The agreed works should be implemented and a programme agreed in writing to the satisfaction of the Head of Environmental Health Services;

 

(2)        the recorded music from the jukebox will be played through a noise limiter which will be set at a level which does not cause a public nuisance. This will be done in conjunction with Environmental Health Services;

 

(3)        a cigarette litter bin shall be provided to the front of the building;

 

(4)        all windows shall be kept shut whilst regulated entertainment is provided;

 

(5)        all external doors (including fire doors) shall be effectively maintained and self closing. Unless in an emergency, all doors that are located in rooms where any amplified music and/or voice production is operating shall not be propped open or held open by any other means;

 

(6)        customers (including smokers) will be prevented from using the rear smoking area after 2300hrs seven days a week;

 

(7)        the provision of live or recorded music shall cease at 2300hrs seven days a week;

 

(8)        the rear gate to courtyard to be used as a fire exit only (it is recommended that it has a push bar and seal)

 

(9)        the following condition shall be removed:

 

            The serving of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.