Agenda item - Whelan's Lion & Lobster

Report of the Assistant Director of Public Safety (copy attached).

51.1    The Panel considered a report from the Assistant Director of Public Safety regarding an application for review of a Premises Licence under the Licensing Act 2003 in relation to Whelan’s Lion & Lobster, 24 Silwood Street, Brighton, BN1 2PS (for copy see minute book).

 

51.2    Mr Gary Whelan and Mr Patrick Whelan, co-Licence Holders, attended the hearing to make representations against the review application. Mr Anderson, Mr Badger, Ms South, Ms Champion, Mr Walden, Councillor Kitcat as Ward Councillor and Mr Bulger from Brighton & Hove Environmental Protection Team attended the hearing to make representations in favour of the review application.

 

51.3    The Senior Environmental Health Officer summarised the application and stated that the premises was situated in the Special Stress Area (SSA). Representations had been received from local residents regarding prevention of crime and disorder and prevention of public nuisance. Representation had also been received from local residents in support of the premises. The review application had been submitted by Environmental Protection and a number of conditions were requested to be attached to the licence.

 

51.4    Mr Bulger on behalf of Brighton & Hove Environmental Protection Team began his representation and asked the Panel to circulate a list of conditions that had been agreed with the Premises Licence Holders. The Chairman agreed and Mr Bulger went on to say that the review had been called as a result of a breach of a Notice Abatement Notice in June 2009. Several complaints about noise had been received by local residents and the Noise Patrol had witnessed breaches of licence conditions when attending the premises. Detailed discussions had taken place with the Premises Licence Holders (PLHs) and a series of new conditions were suggested to be placed on the licence.

 

51.5    The Chairman asked if there were any questions of Mr Bulger’s representation and Councillor Mrs Theobald asked if there was a numbers restriction on the premises. Mr Bulger stated that numbers would be controlled by risk self-assessment by the premises management.

 

51.6    Councillor Mrs Theobald asked if people were allowed to drink and smoke on the street up until 22:00 hours and Mr Bulger confirmed this, stating that this was not a licensable activity, although it could become a criminal offence if the Police chose to intervene.

 

51.7    Councillor Lepper asked why the terrace was considered to produce less invasive noise than the noise from people standing on the street. Mr Bulger explained that the terrace was completely enclosed by buildings and the PLHs had employed an acoustic engineer when building the structure to reduce any noise breakout. This approach seemed to be effective as there had been no complaints relating to the use of the terrace. He noted that currently the terrace was conditioned to close at 23:00 hours, which appeared to be affecting the numbers of people drinking on the street at later hours.

 

51.8    Councillor Lepper asked if any other complaints had been received about noise that were not related to the terrace. Mr Bulger agreed that there were and stated that complaints had previously been received about live music at the premises, but it was his understanding that this activity had now stopped.

 

51.9    The Chairman asked if there were any disagreements about the conditions that Mr Bulger was proposing and he stated there were not.

 

51.10  Councillor Kitcat asked if any call logs of the complaints were made. Mr Bulger stated that five calls had been received by Environmental Protection in the last six months, and these had been passed on to the Police.

 

51.11  Mr Anderson began his representation and stated that noise disturbance at the premises usually occurred at the weekend and he was pleased to see a proposed condition for Door Supervisors on Thursday, Friday and Saturday nights. He felt that the premises was usually quiet during the week and did not cause residents problems.

 

51.12  Mr Strauss began his representation and stated that the noise on the street continued until 03:00 hours and at times reached a point where he was unable to sleep, or was woken up. He asked the Panel to consider the amenity of the residents and ensure the area was quiet by midnight to allow them to enjoy some peace and quiet.

 

51.13  Mr Smith began his representation and stated that he lived opposite the premises and noted the noise had increased since the introduction of the smoking ban. When the terrace was opened by the premises the noise was reduced significantly and Mr Smith felt that this area should be open longer to allow people to smoke in an outside area that did not disrupt the local residents late at night. Mr Smith added that he had no other complaints about the premises.

 

51.14  Ms Champion began her representation and stated that she noticed a significant difference in noise disturbance after the Noise Abatement Notice was issued and would like it to stay that way. She also felt that extending the hours of the terrace would improve the situation as this would keep the street area as clear of people as possible.

 

51.15  Councillor Kitcat began his representation on behalf of Mrs Walden and stated that a large number of noise diaries had been completed relating to noise disturbance at the Lion & Lobster. He recognised that it was a popular local public house and the general consensus amongst residents was that extension of hours of the terrace would resolve any existing noise problems. However, he was not convinced that the terrace would not cause other residents problems who were not represented today, should it stay open for longer. He stated that the noise nuisance mainly occurred from the people on the street outside the premises who were not being managed properly, as there was a lack of understanding as to who was responsible for these people. Councillor Kitcat asked for a minimum of one SIA registered Door Supervisor to be available on the door to monitor the area immediately outside the premises, and to reduce the noise nuisance caused by the premises. He also added that there were problems with adherence to the waste rubbish condition which needed to be monitored more carefully.

 

51.16  The Chairman asked if there were any questions about the representations of the interested parties and Councillor Mrs Theobald asked whether the people on the street were definitely from the Lion & Lobster. Councillor Kitcat believed that they were.

 

51.17  Councillor Mrs Theobald asked when the noise mainly occurred and Mr Strauss replied that it was mainly on Friday and Saturday nights.

 

51.18  Councillor Lepper noted that in one of the written representations it stated that noise could be heard from the terrace, and Mr Anderson agreed, but felt this was preferable to the noise from people on the street.

 

51.19  Mr G Whelan began his representation and stated that he was very concerned by the residents complaints and was seeking to resolve them as quickly as possible. He stated that the premises management had consulted fully with Environmental Protection and as a result were in agreement with the conditions proposed by Mr Bulger, which they hoped would resolve the situation.

 

51.20  Mr P Whelan added that the noise problems at the premise had been inherited from the previous management, and they had worked hard since the licence was transferred to them to rectify these. Live music had previously been played at the premises, but after complaints had been received this activity was stopped, and there was now no live music sessions permitted. He went on to state that the introduction of the smoking ban had introduced its own noise problems that had not been anticipated. Due to the close proximity of the buildings in the area any sound on the street created a noise nuisance. Mr P Whelan felt that if the terrace hours were extended, this could be controlled much more easily by the premises, and would significant reduce the noise nuisance. He stated that the terrace had been designed specifically to reduce noise and was a success in this respect, and he was aggrieved to be present before the Panel as part of a review hearing. Mr P Whelan assured the Panel Members that several internal measures would be put in place to ensure there was no further cause for review of the licence, although he asked that they not form part of the conditions on the licence as he felt this would be too inflexible.

 

51.21  Mr G Whelan added that this was a family run pub, and he had been in the business for 35 years running premises consistently and effectively. He was very concerned to be present before the Panel today, but assured Members that he would take every measure to ensure the premises was well run. He stated that he did not feel that Door Staff were appropriate for what was essentially a family business, and felt that his own staff would be able to manage the situation effectively after appropriate training. He recognised there had been breaches of licence conditions in the past, in particular relating to the windows of the first floor. Measures were being put into place however, to ensure that these windows would be locked in the future to stop customers from opening them without the knowledge of the premises management.

 

51.22  The Chairman asked if there were any questions of Mr G Whelan and Mr P Whelan’s representations and Councillor Mrs Theobald asked what the capacity of the terrace was. Mr P Whelan replied that it was around 100 for both floors of the terrace.

 

51.23  Councillor Mrs Theobald noted that many premises in the city were restricted on the hours they could use an outside space. Mr P Whelan replied that if the terrace remained restricted, it was his opinion that people would continue to drink on the street and the noise problems would continue unabated. He felt it was better to have an environment inside the premises where customers could be monitored and managed more effectively by the management and staff. He added that it was naturally a very busy area with lots of premises in close proximity, and did not feel that all of the people creating noise problems on the street were related to the Lion & Lobster.

 

51.24  Councillor Lepper asked what measures the premises would take to ensure alcohol was not taken off the premises. Mr P Whelan noted that off-sales were not permitted at the premises and this condition would be adhered to. He felt that if the terrace could be offered as a viable alternative to customers then the noise problems on the street would abate.

 

51.25  Councillor Lepper asked about waste disposal, in particular bottles, and Mr P Whelan replied that bottles were never disposed of late at night as the management were very aware of the problems this could cause for residents. There was a very strong policy at the premises to ensure bottles were only taken out in the morning. He did not agree that the Lion & Lobster was responsible for these complaints.

 

51.26  Councillor Lepper was concerned that although live music had stopped at the premises, noise complaints were still being received. Mr P Whelan felt that the nose was emanating mainly from the street as the interior of the pub was very relaxed, with only background music being played and no DJ nights held.

 

51.27  Mr Anderson asked how the street would be monitored by the staff. Mr G Whelan stated that the outside area would be monitored constantly and staff would encourage anyone outside to use the terrace. Mr Anderson asked what would happen if the premises was full and Mr G Whelan stated that new customers would not be admitted if this was the case.

 

51.28  Mr Strauss asked about dispersal at the premises and Mr P Whelan replied that as the premises closed around 02:00 hours, customers would only linger for a short time outside before dispersing, but this would be monitored by staff members to ensure there were no problems.

 

51.29  Councillor Lepper stated that the Premises Licence Holders were offering conditions to manage the premises much more carefully and effectively, and she asked if extra staff would be hired to help with this. Mr P Whelan stated that Sundays – Thursdays were not busy days for the premises, but more staff would be hired on Friday and Saturday nights to ensure it was well run. He believed his staff were responsible and competent, and more that able to handle any extra monitoring duties and he would also be offering SIA training to all of his staff members.

 

51.30  The Senior Environmental Health Officer began his final statement and stated that the review process represented the key protection for residents for the local community once a licence is in force if the licensing objectives are being undermined. He noted that Environmental Health were recognised experts in giving advice & guidance with regard to noise matters and have a statutory duty to investigate noise complaints and take enforcement action where required. However, guidance issued under section 182 of the Licensing Act 2003 states that licensees should take reasonable steps to prevent the occurrence of crime & disorder and public nuisance immediately outside their premises, for example on the pavement, in a beer garden, or in a smoking shelter, where and to the extent that these matters are within their control. If the Panel considered that extra conditions were necessary for the premises to meet licensing objectives then these conditions should be clear, precise and enforceable.

 

51.31  Mr Bulger began his final representation and stated that there had been frequent monitoring of the premises over a period of time, but very little substance to the complaints. A great deal of consultation had occurred with the Premises Licence Holders to ensure the conditions would be effective and easily enforceable for those problems that were identified, and he believed this was the best course of action in respect of the review.

 

51.32  The Chairman asked if the interested parties would like to make a final representation, and Councillor Kitcat stated that problems were occurring at the premises and he asked the Panel to take into consideration the amenity of the local residents who had taken the time to complain and attend the panel hearing. He recognised that it was a popular local pub and hoped the conditions offered would resolve the problems, but felt the situation needed continued monitoring. There were no further final representations from the interested parties.

 

51.33  Mr P Whelan began his final representation and stated that the management and staff worked very hard to ensure the premises was popular and successful. He felt that it was inevitable that some noise would be created as a result of this success, but added that the pub was often frequented by many of the locals who had made complaints about it. He recognised there was an existing noise problems however, but felt confident that the proposed conditions from the Environmental Protection Team would resolve the problems.

 

51.34 RESOLVED – That the panel considered the application, relevant representations, and submissions of the responsible authority, interested parties and of the licence holders and decided to take the following action in respect of this review:

 

The panel were pleased to adopt the conditions agreed between the Environmental Protection officer and the licence holders. The panel recognised and appreciated the hard work that had gone into this agreement by all parties which they hoped would produce a satisfactory outcome.

 

The conditions to be attached to the licence are as follows:

 

1.                  On Thursday, Friday and Saturday from 21:00 until 15 minutes after the premises are closed the operator of the premises shall employ not less than one SIA registered door supervisor. On all other days from 21.00 until 15 minutes after the premises are closed an SIA trained member of staff will be available on the premises.

 

2.                   Regulated entertainment when provided will cease at 22.30 (save for New Years Eve).

 

3.                  Performance of Live Music - Indoors - The use of live music is restricted to short sessions on an ad hoc basis at different times and on different days during the week and may be unamplified or amplified,  Music may be via artists singing, karaoke, DJ and other of a similar nature. (Excluding anything of an adult nature). There will be no permanent stage area for the performer(s) as the performance is intended to contribute to the premises' ambience and not be a stage focused concert style performance. Monday - Saturday: 18.00 - 22.30, Sunday: 15.00 - 22.30.All performances will be limited to end at 22.30, or before to minimize any possible nuisance.

 

4.                  Recorded music shall be performed only through a sound level limiter which shall be set, using tamper proof technology in conjunction with an authorised officer of Environmental Health and Licensing.

 

5.                  No drinks are to be permitted outside the premises between the hours of 22.00 and 10.00 on any day. The extended use of the outside areas within the curtilage of the premises is intended to reduce congestion and the pressure on customers using the highway outside the front of the building.

 

The following conditions which are currently on the licence are to be removed from the licence:

 

1.                  Regulated entertainment when provided will cease at 23.00 on weekdays and 22.30 on Sundays (save for New Years Eve).

 

2.                  Performance of Live Music Indoors The use of live music is restricted to short sessions on an ad hoc basis at different times and on different days during the week and may be unamplified or amplified,  Music may be via artists singing, karaoke, DJ and other of a similar nature. (Excluding anything of an adult nature). There will be no permanent stage area for the performer(s) as the performance is intended to contribute to the premises' ambience and not be a stage focused concert style performance Monday – Saturday 18.00 - 23.00, Sunday: 15.00 - 22.30. All performances will be limited to end at 23.00, or before to minimise any possible nuisance.

 

3.                  Reference to outdoor areas being closed and cleared by 23.00.

 

4.                  Door supervisors will be employed when appropriate and in accordance with a suitable risk assessment.

 

5.                  No drinks (except where sold in sealed containers) will be allowed to be taken off the premises.