Agenda and draft minutes

Having taken into account the Licensing Act 2003 and the guidance issued under section 182 of the Act, the Council’s statement of licensing policy and also the fact that Environmental Health have requested a review of the premises licence to promote the licensing objective relating to public nuisance and Staffordshire Police have made representations to promote the objective relating to the prevention of crime and disorder and other persons have also made representations to promote the objective relating to public nuisance.

The Committee has considered those licensing objectives in the light of what has been said and has listened to the arguments and is persuaded that, in the light of the evidence before it, it is appropriate to take steps to ensure that the licensing objectives are promoted. In considering which of its powers to invoke the Committee had regard to the guidance at 11.19 and 11.20 which indicates that the Committee should seek to establish the cause of the concerns that the representations identify and that the remedial action taken should generally be directed at the causes and be no more than appropriate and proportionate. In particular where the cause of the identified problem relates to poor management decisions the Committee may consider appropriate action.

Environmental Health brought the review on the basis that the premises had contravened the requirement of the Licensing Act by playing amplified live music and recorded music at an excessive volume both before 2300 hours and on a number of occasions after midnight and into the early hours of the morning in contravention of the times that the premises licence authorised the carrying out of licensable activities, and also issues relating to the management of patrons using the exterior parts of the premises in connection with noise, litter, glass and vomiting. Other persons residing in close proximity to the premises supported these assertions. Staffordshire Police similarly became involved after having received a complaint in July 2013 concerning an allegation that the premises was carrying out licensable activities in breach of the premises licence.

Environmental Health stated in evidence that from as early as April 2013 they had been in discussions with the tenant of the premises (redacted information) regarding the soundproofing of the Crewe Arms and also the installation of a noise limiter. Following an event which took place in May 2013 which went on until 23.30 hours and a subsequent complaint which was received regarding noise nuisance the tenant was advised that live music was only permitted from Sunday to Thursday until 22.00 hours and on Friday and Saturday until 22.30 hours with recorded music to terminate at 23.00 Monday until Sunday and that if additional hours were required then an application to vary the licence would need to be made. The tenant stated that the premises licence holder (redacted information) would be attending to this. No application was received and noise control proposals were not implemented.

There followed a catalogue of complaints from residents concerning amplified and recorded music  ...  view the full minutes text for item 1.