Shrewsbury & Atcham
Borough Council

The applicant, had requested to vary the hours to:

Monday to Wednesday - 10:00 to 00:30 the following morning;

Thursday to Saturday - 10:00 to 02:30 the following morning;

Sunday – 11.00 to 00:30 the following morning;

Christmas Day - 11:00 to 23:30; and

New Years Eve - 11:00 throughout the night.

A closing time of 03.00 hours the following morning was requested for Fridays, Saturdays, Sundays and Mondays on a Bank Holiday, Christmas Eve and Boxing Day.

The licensable activities would be the sale of alcohol on and off the premises and the provision of regulated entertainment by way of films, indoor sporting events, live music, recorded music, dance, late night refreshment and entertainment of a similar description. Mr A Kurby would be the designated premises supervisor. The sale of alcohol, entertainment and late night refreshment would stop 30 minutes before the requested closing times.

The applicant, Mr Newnes, Wolverhampton and Dudley Breweries, Mr Tempkin, Solicitor and Mr Kurby, the licensee were in attendance. The applicant's representative, Mr Tempkin, presented the case on behalf of his client during which he advised the Committee that the applicant had taken the objectors concerns very seriously and wished to extend his current licensing hours in line with the more liberal regulations that were now in place. He stated that the designated premises supervisor had requested that the condition "regulated entertainment would end at 23:00 hours" be put onto the licence and that the Police had withdrawn their representations as the applicant had agreed, prior to the meeting, to accept the following conditions on the licence in order to resolve their concerns:

• A revised plan to be submitted identifying the rear external drinking area of the premises; and
• The rear external area to be free from customers by 23:20 hours.

The Members of the Sub-Committee, the Sub-Committee's Legal Advisor, the Licensing Officer and the objectors (Principal Environmental Health Officer, West Mercia Police representative, Mr Brown, a local resident, Mr Lewis, a local resident, Mrs Lewis, a local resident and Mr Pennington, a local resident, who were in attendance) asked questions of the applicant during which the applicant's representative gave the following indications:

• The previous designated premises supervisor was removed in June 2005 and Mr Kurby had been employed to improve the premises and change its clientele. The premises would shortly be closed for a refurbishment.
• The designated premises supervisor would be on the premises for 70 – 80 hours a week with one clear day off a week.
• The applicant's representative stated that CCTV coverage of the internal and patio areas was currently being installed. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The designated premises supervisor was willing to become a member of the local pubwatch scheme. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative stated that staff would remind customers on leaving to be quiet and respect local residents. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The issue of noise nuisance emanating from the premises was discussed at length and the applicant agreed that the windows would remain closed to minimise noise disturbance and the second doors on the entrance into the premises would also remain closed. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative stated that a proof of age scheme was already in place to ensure no under-age sales took place. The designated premises supervisor agreed that this would be by way of a Passport or Driving Licence only. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• It was agreed that music would be inaudible outside the premises. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative stated that the designated premises supervisor was prepared to employ Security Industry Authority Door Supervisors when Regulated Entertainment would take place in order to control customers when leaving in accordance with the conditions attached to the existing Public Entertainment Licence.
• It was agreed that no glasses would be taken into the street. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).

The Licensing Officer addressed the Sub-Committee outlining the contents of her report on the application. She outlined the conditions attached to the existing Justice's Licence and those conditions detailed in the Operating Schedule.

In addressing the Sub-Committee on the application, Mr Pennington, a local resident, stated that it would be useful to know how many incidents concerning the premises had been reported to the Police.

In addressing the Sub-Committee on the application, Mr Lewis, a local resident, stated that the noise emanating from the premises and the amount of litter outside the premises was unacceptable.

In addressing the Sub-Committee on the application, Mr Brown, a local resident, outlined the nature of his objections and gave indications as follows:

• He stated that it was important that the Committee appreciated how close residential properties were in relation to the premises and that planning permission had recently been granted for further residential dwellings.
• The second pair of doors into the premises were swing doors which did not join centrally and even when closed, still produced an unacceptable level of noise nuisance for local residents.

In addressing the Sub-Committee on the application and answering questions from the members of the Sub-Committee and the Licensing Officer, the West Mercia Police representative outlined his objections, spoke on the advantages of the designated premises supervisor being a member of the local pubwatch scheme, and gave indication as follows:

• Any complaints regarding noise were brought to the attention of the Environmental Health Section.

In addressing the Sub-Committee on the application and answering questions from the members of the Sub-Committee and the Licensing Officer, the Principal Environmental Health Officer outlined his objections and gave indications as follows:

• One incident had been referred to the Environmental Health Section within the last three years and there had been no direct complaints received from residents.
• A noise limiter devise would be essential in order to minimise noise disturbance and the patio doors onto the external area should be kept closed.

Members of the Sub-Committee retired to consider the application, in private, at approximately 12.32 p.m. and reconvened at approximately 1:15 p.m.

RESOLVED:

That, subject to the conditions attached to the existing Justices' Licence; the existing Public Entertainment Licence; the conditions detailed in the Operating Schedule including those amendments agreed prior to the meeting to satisfy the Police objections as follows:

• A revised plan to be submitted identifying the rear external drinking area of the premises; and
• The rear external area to be free from customers by 23:20 hours.

and the following additional conditions agreed at the meeting:

• CCTV coverage of internal and patio areas;
• Regulated entertainment to end at 23.00 hours and be inaudible outside the premises;
• The designated premises supervisor to be a member of the local pubwatch scheme;
• Customers to be reminded on leaving to be quiet and respect local residents;
• Windows to remain closed to minimise noise disturbance and the second doors on the entrance into the premises to also remain closed;
• Proof of age scheme to be identified to ensure no under-age sales by way of a Passport or Driving Licence;
• Security Industry Authority Door Supervisors to be employed when Regulated Entertainment takes place in order to control customers when leaving in accordance with the conditions attached to the existing Public Entertainment Licence;
• No glasses to be taken into the street;
• Children under 16 to not be permitted to enter the premises after 19:00 hours; and
• The patio doors at the rear of the premises to remain closed and the outdoor speakers to be switched off at 23:00 hours during the provision of regulated entertainment.The conversion and variation application for the Premises Licence in respect of the Hop and Friar, St Julians, Shrewsbury be granted to Wolverhampton and Dudley Breweries as follows:

Monday to Saturday – 10:00 to 00:00

Sunday – 11:00 to 00:00

Christmas Day – 11:00 to 23:00

New Years Eve – 11:00 throughout the night

Monday to Saturday – 23:00 to 00:00

Sunday 23:00 to 00:00

New Years Eve – 23:00 throughout the night

Friday – 10.00 to 23:00

Saturday – 10.00 to 23:00

Monday to Saturday – 10:00 to 00:30 the following morning

Sunday – 11:00 to 00:30 the following morning

Christmas Day – 11:00 to 23:30

New Years Eve – 11:00 throughout the night

Reasons:

The Sub-Committee were satisfied, subject to the additional conditions agreed at the meeting and the additional conditions relating to the external speakers and patio doors together with a restriction of the hours applied for, that the Operating Schedule sufficiently addressed the four licensing objectives.

Having read the relevant documentation and heard the representations made by all parties at the hearing, the Sub-Committee considered that the additional conditions and the restriction of hours applied for were necessary for the prevention of public nuisance.

Consideration was given to the conversion and variation application from Wolverhampton and Dudley Breweries for a Premises Licence in respect of the Peacock Inn, Wenlock Road, Shrewsbury.

The applicant had requested to vary the hours to:

Monday to Thursday – 10:00 to 00:30 the following morning;

Friday and Saturday – 10:00 to 01:30 the following morning;

Sunday – 11:00 to 01:30 the following morning;

Christmas Day – 11:00 to 23:30 hours; and

New Years Eve – 11:00 to 01:30 on the 02 January.

A closing time of 00:30 hours the following morning was requested for Fridays, Saturdays, Sundays and Mondays on a Bank Holiday weekend.

The Licensable activities would be the sale of alcohol on and off the premises and the provision of regulated entertainment by way of films, indoor sporting events, live music, recorded music, dance and late night refreshments. The designated premises supervisor would be Mr D Morris. The sale of alcohol, entertainment and late night refreshment would stop 30 minutes before the requested closing times.

The applicant, Mr Newnes, Wolverhampton and Dudley Breweries, Mr Tempkin, Solicitor and Mr Morris, the licensee were in attendance. The applicant's representative, Mr Tempkin, presented the case on behalf of his client during which he advised the Committee the applicant had taken all the objectors concerns very seriously and hoped that this hearing would resolve their concerns. He also stated that it was the applicant's wish to extend his current licensing hours in line with the more liberal regulations that were now in place.

The Members of the Sub-Committee, the Sub-Committee Legal Advisor, the Licensing Officer and the objectors (Councillor Mrs Jones, Ward Representative, Councillor Mrs Brennand, Ward Representative, Mr Phillips, Residents Association Representative and local resident, Mr Smith, local resident, Mr Brown, local resident, Mr Herbert, local resident, Ms Hughes, local resident, Mrs Wynn, local resident, Mr Howard, local resident and Mr Penny, local resident, who were in attendance) asked questions of the applicant during which the applicant's representative gave the following indications:

• The issue of noise nuisance emanating from the premises during live music events was discussed at length and the applicant agreed that all live music would stop at 23:00 hours (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative confirmed that Door Supervisors would be on duty during any event containing live music (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative stated that they would be prepared to ensure that all windows and internal lobby doors would remain closed after 22:00 hours in order to ensure that noise nuisance was kept to a minimum. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• It was agreed that the beer garden would be closed to all patrons of the establishment at 22:00 hours (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative stated that there had only been one instance, to the landlords knowledge, where a police presence had been required at the premises and this related to a public order disturbance in the car park.
• Objections were raised relating to the use of the beer garden and the current noise nuisance being created by patrons using this area. The applicant agreed that the door leading to beer garden would be closed at 22.00 hours and that no amplified music or speakers would be sited in the beer garden. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative stated that staff would make regular checks to ensure customers were not drinking to excess. (It was agreed at the meeting that this would be a condition in the event that members were minded to grant the licence).
• The applicant's representative stated that the installation of a noise limiter was not a suitable way to monitor noise nuisance.

The Licensing Officer, and her witness, the Senior Planning Enforcement Officer, addressed the Sub-Committee outlining the contents of her report on the application. She outlined conditions attached to the existing Justices' Licence and those conditions detailed in the Operating Schedule.

In addressing the Sub-Committee on the application and answering questions from Sub-Committee, Licensing Officer and an objector, Mr Phillips, Residents Association Representative, outlined the nature of his objections and gave indications as follows:

• The objector stated that he had no issue with the premises until 2003 when residents had seen an increase in complaints to the police relating to low level crime. It was noted that there was no supporting evidence from the police in regards to this issue.
• The local residents had shown concern over the legality of the use of beer garden as prior to 1991 this area was for the landlords private use. The Senior Planning Enforcement Officer indicated that the change of use had been implemented longer than 10 years ago they were unable to take any action against the premises.
• The local residents indicated that this area was more suited to a fine dinning establishment and hoped that the applicant took their request on board for any future development of the premises.

In addressing the Sub-Committee on the application, Mr Smith, local resident stated that the premises were in a conservation area and not an entertainment zone.

In addressing the Sub-Committee on the application and answering questions from an objector, Mr Brown, local resident, outlined the nature of his objections and gave indications as follows:

• The issue of patrons using a small seating are in the car park of the premises was discussed. It was noted that the resident had installed railed fencing and gates to ensure that his property was secure.

In addressing the Sub-Committee on the application, Mr Herbert, local resident, stated that it was important that the Committee appreciate how close residential properties were in relation to the premises.

In addressing the Sub-Committee on the application, Mrs Wynn, local resident, stated that since 2003 the premises operating style had changed which had lead to an increased level of noise nuisance to local residents.

In addressing the Sub-Committee on the application and answering questions from an objector, Mr Penny, local resident, stated that the increase of noise nuisance emanating from the beer garden had risen to an unacceptable level.

Members of the Sub-Committee retired to consider the application, in private, at approximately 4.25 p.m. and 4.55 p.m.

RESOLVED:

That, subject to the conditions attached to the existing Justices' Licence; the conditions detailed in the Operating Schedule; and the following additional conditions agreed at the meeting:

• Beer garden to close at 22:00 hours;
• There will be no live music after 23:00 hours;
• Door supervisors will be on duty during any event containing live music;
• Internal lobby doors and windows will remain closed after 22:00 hours;
• Rear door to the beer garden will remain closed after 22:00 hours;
• Regular checks will be carried out to ensure customers do not consume alcohol to excess; and
• No amplified music or speakers are permitted in the beer garden.

The conversion and variation application for the Premises Licence in respect of the Peacock Inn, Wenlock Road, Shrewsbury be granted to Wolverhampton and Dudley Breweries as follows:

Monday to Saturday – 10:00 to 00:00 hours;

Sunday – 11:00 to 23:30 hours;

Christmas Day – 11:00 to 23:00 hours; and

New Years Eve – 11:00 to 01:00 the following morning.

Monday to Saturday – 23:00 to 00:00 hours;

Sunday – 23:00 to 23:30 hours; and

New Years Eve – 23:00 to 01:00 the following morning.

Friday and Saturday – 10:00 to 23:00 hours; and

Bank Holiday Mondays – 10:00 to 23:00 hours.

Monday to Saturday – 10:00 to 00:30 the following morning;

Sunday – 11:00 to 00:00;

Christmas Day – 11:00 to 23:30; and

New Years Eve – 11:00 to 01:30 the following morning

Reasons

The Sub-Committee were satisfied that, subject to the additional conditions agreed at the meeting together with a restriction of the hours applied for, that the operating schedule sufficiently addressed the four licensing objectives.

Having read the relevant documentation and heard the representations made by all parties at the hearing, the Sub-Committee considered that the restriction of hours applied for was necessary for the prevention of public nuisance.

10.00 a.m. – 4.57 p.m.