Purpose

Application considered:

The Sub-Committee (“the Committee”) considered an application (“the Application”) for a Premises Licence from March United Services Club Limited (“the Applicant”) in respect of March United Services Club, 1 New Road, March PE15 9AN (“the Premises”).

The Application was required to be determined by the Committee as it had attracted a number of Relevant Representations within the meaning of the Licensing Act 2003 from Other Persons.

The Committee heard evidence from:

·         The Applicant

·         Other Persons

The Committee also had regard to the written representations of those who could not attend the Licensing Sub-Committee hearing in-person.

The Committee determined the following:

·         That this was an application for a new Premises Licence

·         That the Premises benefits from a Club Premises Certificate under the Licensing Act 2003 that authorises Licensable Activities as set out at pages 26 to 34 of the Agenda Pack

·         That the Licensing Objectives engaged by the Relevant Representations were:

o   The Prevention of Crime and Disorder;

o   Public Safety;

o   The Prevention of Public Nuisance; and

o   The Protection of Children from Harm.

Law and guidance considered:

·         The Licensing Act 2003 (“the LA03”);

·         The Secretary of State’s Guidance issued under Section 182 of the Licensing Act 2003 (“the Section 182 Guidance”);

·         Fenland District Council’s Statement of Licensing Policy 2026 – 2031 (“the SOLP”)

Legal advice provided:

The Committee were provided legal advice that parking and/or the availability of parking spaces is not a relevant consideration under the LA03 in relation to the Licensing Objectives.

The Committee were provided with advice regarding the deregulation of Regulated Entertainment pursuant to the Live Music Act 2012 and the Deregulation Act 2015. In essence, the Committee were reminded that certain forms of Regulated Entertainment are permissible between the hours of 8am and 11pm each day subject to caveats regarding audience numbers and a Premises holding a Premises Licence. The Committee were also reminded that regardless of entertainment being deregulated, this does not provide Premises with a defence if public nuisance is caused by said entertainment.

Matters found to be irrelevant in this case:

The Committee disregarded all references to parking and/or the availability of parking spaces referred to both in the relevant representations and orally at the Licensing Sub-Committee hearing.

Decision

Our decision is as follows:

The Committee determined to GRANT the Application for a Premises Licence from the Applicant subject to the following additional conditions:

Notices

Prominent, clear, and legible notices to be displayed at any smoking area requesting users to respect local residents and to use the area quietly.

Contact Details

The Premises Licence Holder shall provide a dedicated telephone number for the manager on duty at the Premises. The telephone number shall be provided to the Licensing Authority and publicly available on the Premises’ website and any social media channels.

Dispersal Policy

The Premises Licence Holder shall devise, implement, and maintain a Dispersal Policy for the Premises with particular regard for events to be held at the Premises. A copy of the Dispersal Policy (which may be electronic) shall be kept at the Premises and made available for inspection by Responsible Authority Officers upon request.

Noise Management Plan

The Premises Licence Holder shall devise, implement, and maintain a Noise Management Policy for the Premises with particular regard for events to be held at the Premises. A copy of the Noise Management Policy (which may be electronic) shall be kept at the Premises and made available for inspection by Responsible Authority Officers upon request.

Our reasons for reaching the decision are:

The Committee listened carefully to the arguments in favour and against the granting of the Application and were mindful of the additional representations from Other Persons unable to attend the hearing in-person.

The Committee considered that the measures proposed by the Applicant to promote the Licensing Objectives were appropriate and proportionate but felt that additional conditions were required to deal with specific concerns raised by Other Persons. The Committee imposed additional conditions in respect of:

·         Smoking

·         Dispersal

·         Noise Management

·         Contact Details

The Committee considered whether it would be appropriate for the Premises to host residents’ meetings but felt that this was an additional step that could be taken in future if necessary. Likewise, the Committee considered whether a noise limiting device was appropriate and proportionate but felt that, given the scale of events at the Premises, such a device was not suitable currently. The Committee, however, invites the Applicant to consider installing such a device in future.

The Committee were mindful of the concerns expressed by residents but found it difficult to mesh those concerns with the lack of complaints to the Premises or Licensing Authority. By the Other Persons’ own admission, they had not visited or contacted the Premises to complain. To both parties, the Committee note that there is a power under the Licensing Act 2003 for any Premises Licence to be reviewed and the Committee considers this an important safeguard – for Premises knowing that their licence could be subject to review if the Licensing Objectives are undermined and for Other Persons as a mechanism for dealing with issues should they arise in future.

The Committee did not accept that there was evidence of the protection of children from harm being undermined other than anecdotal hearsay regarding underage sales which, even with matters being determined on the balance of probabilities, was not enough to engage the Committee’s discretion in respect of that Licensing Objective. The Committee were assured by the Applicant’s proposed adherence to a Challenge 25 Age Verification Policy.

On balance the Committee were happy to grant the Application, for the hours requested, subject to the conditions agreed with the Police and the additional conditions imposed.

Please note:

Any party aggrieved by the Committee’s decision has the right of appeal to the relevant Magistrates’ Court within 21 days of receipt of the Committee’s written decision.

The relevant Magistrates’ Court is:

Peterborough Magistrates’ Court

Bridge Street

Peterborough PE1 1ED