Agenda and minutes

LICENSING ACT 2003

LICENSING SUB-COMMITTEE

DECISION NOTICE

The Roebuck Inn, 21 Cheadle Road, Forsbrook, Staffordshire Moorlands, ST11 9BX

Meeting:         Thursday 18th July 2019 at 10.00 am

Present:         Councillor L. Lea (Chairman)

                                    Councillor B. Hughes

                                    Councillor I. Whitehouse

                                    (N. de Bruin  Legal Services Officer)

Applicant:      Mr. P. Collins represented by Mr. G. Domleo of Flint Bishop LLP

Objector(s):    Mr. J. & Mrs. W. Green, residents

                        Mr D Colgan, Environmental Health Officer

For the Licensing Authority:  Mr M. Towers, Senior Officer (Housing, Public Health and Licensing) and Mrs. S. Bradbury, Licensing Officer.

Also attending as observers were Councillor T Holmes, Parish and Borough Ward Councillor, Councillor Fallows, a member of the licensing committee, Ms P Singh apprentice and Dr D Smith, Principal Officer Communities and Partnerships

Introduction

The hearing was called to consider an application for a Variation of the current Premises Licence in respect of The Roebuck Inn, 21 Cheadle Road, Forsbrook.  No interests were declared.

Mr Denis Colgan, Mr. & Mrs. Green, Mr Domleo and Mr Towers all addressed the Sub-Committee.

The Sub-Committee considered the written report, further information submitted by the applicant that had been circulated to all parties, the S182 guidance and Staffordshire Moorlands ‘Statement of Licensing Policy’ before coming to a decision.

It was noted that in accord with 182 guidance para 16.43 that the beer garden, though not licensed, was likely to be considered to be a workplace and so would be able to host live music in accordance with Schedule 1 of the Licensing Act 2003 as amended by the Live Music Act 2012.  However, extension of the licensable area to the outside of the premises would allow other forms of recorded music in the outside area.

Decision

To:

Refuse of the variation application, the cross hatched area on the plan attached, and, 

Approve the remainder variation application subject to:

Additional conditions as follows:

1.    Staff shall monitor customers in the external area of the premises on a regular basis in order to prevent customers causing a nuisance to neighbours.

2.    Notices shall be prominently displayed at all public exits and in the external area requesting customers to respect the needs of local residents and leave the premises and area quietly.

Reasons for the decision

The premises in question are situated in a built up area with a mixture of residential and business properties all around.  To the East is a substantial public house known as the Butchers Arms.  The committee noted that live music could be held outside within the beer garden as a place of work and that was the primary focus of previous complaints.   Since Mr Collins had taken responsibility as DPS no complaints had been received.  Although the Sub-Committee could not impose conditions relating to recorded music the Noise Management Plan showed a responsible attitude and Mr Collins was wise to consider that if the premises did cause a nuisance he would be alienating his own customer base. The Sub-Committee would encourage Mr Collins to give a contact number to Mr & Mrs Green  ...  view the full minutes text for item 1.