Decision

Having considered all the
above, the Members determined to GRANT the application on the following
terms:
 
a. Performance of
Plays - indoors
Friday – 2300hrs
to 00:00hrs
Saturday –
2300hrs to 00:00hrs
 
b. Provision of
Films - indoors
Monday to Thursday,
Sunday – 1100hrs to 2300hrs
Friday and Saturday
– 1100hrs to 00:00hrs
 
c. Provision of
Indoor Sport Events
Monday to Thursday,
Sunday – 1100hrs to 2300hrs
Friday and Saturday
– 2300hrs to 00:00hrs
 
e. Provision of
Live Music - indoors
Friday and
Saturday – 2300hrs to 00:00hrs
f. Provision of
Recorded Music - indoors
Friday and
Saturday – 2300hrs to 00:00hrs
g. Provision of
Performance of Dance - indoors
Friday and
Saturday – 2300hrs to 00:00hrs
h. Anything of a
similar nature to that falling within (e), (f), or
(g)
Friday and
Saturday – 2300hrs to 00:00hrs
i. Late Night
Refreshment- indoors
Friday and
Saturday – 2300hrs to 00:00hrs
j. Supply of
Alcohol – on sales
Monday to
Thursday, Sunday – 1100hrs to 2300hrs
Friday and
Saturday – 1100hrs to 00:00hrs
l. Supply of
Alcohol – off-sales
 
Monday to Sunday – 1100hrs to 2200hrs
 
The Members noted that the
Applicant had already pulled back the hours for licensable
activities in mediation with the Interested Parties and this was
welcomed by the Committee.
 
The Members listened to the
concerns of the Interested Parties regarding Off-Sales of Alcohol
and noted that the application as drafted would have provided
limited control on how and when Off-Sales could take
place.
 
The Members determined that the
easiest way to deal with this issue was to exclude the patio area
from the scope of the Premises with reference to the Licensing
Plan. The Members felt the patio being included within the Licensed
Area created difficulties around ensuring adequate control measures
to promote the Licensing Objectives. The Members felt that these
matters would be more easily addressed if the patio area was
removed from the scope of the Premises Licence. Any sales of
alcohol to the patio area or elsewhere will be off-sales of
alcohol.
 
In relation to off-sales, the
Members determined that it was appropriate and proportionate to
restrict the hours for off-sales to less than those applied for in
respect of on-sales. Members determined that 2200hrs was the
correct time for off-sales to cease in line with a reduction in
external activity after this time and as suggested by the
Applicant.
 
The Members determined to add
further conditions in respect of Off-Sales to promote the Licensing
Objectives and these are set out below.
 
The Members acknowledged the
concerns regarding the use of the patio area late at night and
agreed with the submissions that this could give rise to public
nuisance if mismanaged. The Members found the Applicant’s
concession not to use the patio area after 2200hrs (save for
smokers etc.) helpful.
 
The Members listened carefully
to the concerns regarding the proposed non-standard timings for
Licensable Activities in relation to rugby internationals. The
Members took on board the comments of both the Applicant and the
Interested Parties in relation to this and decided on the following
wording in respect of rugby internationals set out
below:
 
Non-standard timings (rugby internationals)
 
When
England, Ireland, Scotland, or Wales national rugby union teams, or
the British and Irish Lions rugby union team are playing an
international televised match which is broadcast live on television
at a time outside of the permitted hours authorised by this
Premises Licence, alcohol may be sold for consumption on the
premises only from one hour before the advertised kick-off time
until one-hour after the conclusion of the match. The Licensing
Authority must be notified of the utilisation of this non-standard
timing in writing at least 7 days in advance.
 
This supersedes the wording
contained within Appendix E of the agenda papers.
 
The Members were encouraged at
the mediation between the parties and hope that this will continue.
To facilitate this, the Members determined to impose a condition
requiring the Premises Licence Holder to provide contact details.
The wording of this condition is set out below. The Members noted
that the Applicant was happy to agree such a facility.
 
The Members were happy to agree
the other conditions suggested within Appendix E as being
appropriate and proportionate to promote the Licensing Objectives
noting that these were agreed by the Applicant.
 
The Members felt confident that
granting the application, as amended, would promote the Licensing
Objectives and provide a balance between the commercial interests
of the rugby club and the rights of residents.
 
The Members listened to the
concerns of the Interested Party in relation to how licensing
applications are notified and advertised and sympathised with the
Interested Party’s position. The Members noted that the
Application was correctly advertised in accordance with the
relevant legislation.
 
The additional conditions
imposed by Members are as follows:
 

With the exception of persons permitted to temporarily use the
patio area (e.g. to smoke, make a telephone call, etc.) (as shown
on the Plan) the patio area shall be closed from 22:00 until 08:00
the following morning.

Customers shall not be permitted to take drinks outside of the
Function Room and Members Bar areas between of 22:00 and the
Premises opening the following morning.

The Premises Licence Holder shall prominently display a notice
at any exit to the patio area advising customers of the hours of
use of the patio area and that drinks are not permitted to be taken
onto the patio area or consumed there after 2200hrs.

At
22:00 hours, the Premises Licence Holder will ask any customers
drinking on the patio area to move inside the Function Room or
Members Bar areas and to refrain from taking drinks outside after
this time.

The Premises Licence Holder shall ensure that the patio is
monitored at all times when in use by customers.

The Premises Licence Holder will provide a direct contact number
for the manager on duty at the Premises which will be contactable
at all times the Premises is open. The contact number will
displayed on the Premises’ social media (if available),
Premises’ website (if available), and provided to the
Licensing Authority.

 
The Members felt that these
additional conditions, many of which had been mooted by the
parties, would assist in promoting the Licensing Objectives and
were appropriate and proportionate in that regard.