Agenda item

To receive the report of the Licensing Officer.

Introduction and Procedure

An application has been received from John Gaunt & Partners on behalf of the premises licence holder Marston’s PLC under the Licensing Act 2003 for a variation to the premises licence. The variation is to extend the premises sale/supply of alcohol and regulated entertainment hours on Fridays and Saturdays to 10:00 – 02:30, late-night refreshment Fridays and Saturdays to 23:00 – 02:30 with an extension to premises opening hours Friday - Saturday to 07:00 - 03:00. The applicant is in line with legislation by displaying Blue Notices at the Premises on the 29th December 2023 and advertised the application in the Welwyn Hatfield Times on the 10th January 2024, the Public register was updated and placed on the Councils website and all the Responsible Authorities, Parish Councils and Councillors were notified.

The Licence Hearing is as a result of the Licensing Authority receiving a formal written relevant representation against the application from Hertfordshire Police. The representation to the application has been submitted under the Licensing Act 2003 on the statutory grounds of:

·        Prevention of Crime and Disorder

·        Prevention of Public Nuisance

Documentary Evidence:

The report of the licensing officer, the application and supporting documents, along with written representations from the relevant authorities which had been previously circulated.

Report of the Licensing Officer

The application submitted is for the variation of a premise licence by John Gaunt & Partners on behalf of the premises licence holder Marston’s PLC for The Bakehouse, Bessemer Road, Welwyn Garden City, AL7 1HH. The premises is located on the fringe of Welwyn Garden City Town Centre and at the crossroads of Bessemer Road, Bridge Road, Bridge Road East and Broadwater Road.

The variation application submitted is seeking to extend the premises sale of alcohol hours and regulated entertainment on Fridays and Saturdays from 10:00 – 01:00 to 10:00 – 02:30, late-night refreshment from 23:00 – 01:00 to 23:00 – 02:30 with an extension to premises opening hours on Fridays and Saturdays from 07:00 – 01:30 to 07:00 - 03:00.

In determining the variation application, the sub-committee may on behalf of the licensing

authority, and having regard to the promotion of the licensing objectives, statute,

guidance and the Council’s own licensing policies decide on the following courses of

action:

a)     To grant the variation of the licence as proposed.

b)     To modify the conditions of the licence by altering or omitting or adding to them.

c)     To exclude any of the licensable activities to which the application relates.

d)     To refuse to specify a person in the licence as the designated premises supervisor.

e)     To reject the whole of the application or part of it.            

Representation from the Police, Welwyn Hatfield Constabulary

Alex Kettle-Stupka referenced his written representation regarding the application for variation of a premises license and addressed the sub-committee as follows:

-        Police were called on 4 of the 6 TEN’s dates which does not demonstrate the ability to operate late without compromising the Licensing objectives.

-        This venue is situated on the edge of town and is in a high crime/ASB area.

-        This will be the latest pub open in Welwyn/Hatfield, open an hour later than our current latest venue. 

-        Music played until 02:30am is a nuisance for residents.

-        Patrons leaving at 3am is a nuisance for residents.

-        Longer drinking hours increase intoxication risk which increases risk of anti-social behaviour.

Members raised the following points and questions:

Member queried if the residents in the Bakehouse area have been informed of the application. Officer confirmed the residents have been notified VIA display of a blue notice for 28 days along with a newspaper notice in Welhat Times and the Council website.

Member queried the capacity of the venue and whether this would differ with later hours. The Bakehouse representatives confirm the capacity is around 150 and is not expected to change given the extra opening hours.

Member queried the number of times the police had been called during the TENs notices in the report. The police representative confirmed the report should note 3 on technicality. Member noted that the attendance of the police doesn’t negate the need to have called the police during an incident.

Member queried if 6 TEN’s is a sufficient number to show ability of the application. The Bakehouse believed it is sufficient, the Police noted they disagree and would like to see more TENs before approval.

The sub-committee retired to deliberate a decision.

The sub-committee considered the application and heard from the applicant and Hertfordshire police. The sub-committee considered all written and oral evidence and considered the licensing objectives, national guidance and councils’ policy. The sub-committee considered the area and premises location and that it was near residential properties and the town.

Having heard from all parties the sub-committee were not convinced that there would not be more nuisance and disorder as a result of the application. The committee were concerned for the potential level of crime and disorder from the pub at 3am in the morning and for those walking through the town and considered there was potential for increased asb (anti-social behaviour) and did not feel that the measures and conditions put forward from the applicant would meet the sub-committees concerns.

For these reasons the application is refused. The full determination with reason for the decision will be published within 5 working days. The parties are hereby notified they may appeal against the decision to the magistrate’s court within 21 days.