Agenda item

To consider a report by the interim Director for Communities, copy attached as item 4.

Presenting Officer outlined the application

 

Licensing Act 2003 – Application for a Variation to a Premises Licence at The Factory Live, Unit 9a, Ivy Arch Road, Worthing, BN14 8BX

 

 

The Licensing Officer outlined the application, made on behalf of The Factory Live, before members. The application sought to extend opening hours from 23.00 hrs to 03.00 hrs on a Friday and Saturday night. He clarified that the applicant had stated his intention was not to open until 03.00 hrs every Friday and Saturday night, but to hold occasional club nights that had these hours. Members were advised that the application had been the subject of formal representation by two responsible authorities, the Police, the A&W Environmental Health Protection Team and 4 members of the public. He advised that there had been no mediation between the Police and A&W Environmental Health Protection Team and the applicant.

 

The Officer asked the applicant’s representative if she was satisfied that an accurate outline of the application had been given to which the representative replied she was.

 

Questions from Members for the presenting Officer

 

Members asked the Officer if The Factory Live had used TEN’s in the past for these occasional club nights with these late hours which the Officer confirmed was the case. Members asked the Officer if, in theory, the licence was granted the applicant could open on every Friday and Saturday to these late hours and the Officer confirmed that this was the case.

 

Representation from the Police

 

The Police Officer delivered his representation explaining that their objection was to the off-sales element of the application, the main concern being the risk that customers would leave the premises with alcohol which could lead to antisocial behaviour. He clarified that he had had no response from the applicant to requests for further information.

 

Questions from Members for the Police Officer

 

None.

 

Questions from the applicant for the Police Officer

 

None.

 

Representation from Environmental Health Protection Team

 

The Officer delivered his representation explaining that the reasons for objection were that there had been no information provided on how the noise levels would be measured with the new hours in mind. He also clarified that noise from customers drinking and chatting outside at the late hours was a concern.

 

Questions from Members for the Environmental Health Protection Team

 

Members asked what conditions could be imposed to avoid noise disturbance. The Officer clarified that there is equipment that can be used to lessen base noise such as compressors.

Questions from Applicant for the Environmental Health Protection Team

 

None.

 

Representation from a resident

 

A resident delivered a representation objecting to the extended hours being granted. The concerns covered within the representation included increased noise, litter and risk of antisocial behaviour.

 

Questions from Members for the resident

 

Members inquired whether the resident had made formal complaints in the past regarding noise from the venue. The resident clarified that they had not.

 

Questions from Applicant for the resident

 

None.

 

Representation from the Applicant

 

The Applicants representative delivered the representation explaining that due to the Applicant having suffered with serious ill health in the last few weeks the desired mediation had been unable to take place. She confirmed for the committee that the Applicant had no plans to increase the amount of events that needed the longer opening hours and the application was for convenience and cost effectiveness, avoiding having to complete and pay for a lengthy TEN’s application for every event. She clarified that in two and a half years and a hundred events there had only been one incident that involved the police and this was not an incident on the later events. The representative also clarified that the off-sales were for patrons only.

 

Questions from Members for the applicant

 

Members stated that they felt mediation was needed for this application but in light of the applicants ill health it was completely understandable that it hadn’t taken place. Members had questions for the applicant’s representative concerning any cut off time for new customers entering the venue and the capacity of the outside terrace. She explained that the venue, including the outside terrace was run on ticket only admittance and that there was a last entry time for the events but as this varied she could not give a specific time. She estimated that the terrace could hold approximately 50 people and clarified that customers used the terrace now and there have been no complaints of noise disturbance.

 

Questions from Representors for the applicant

 

Officers queried what interior noise control the venue had at present and the applicant’s representative explained that a compressor is fitted in the venue and they had always shown to be complying with the Sound Survey.

 

The resident requested assurance that people would not be able to enter the venue on their way home from drinking in town and continue drinking until the closing time of 03.00 hrs. The applicant’s representative confirmed that this would not happen and reiterated the ticket only admittance policy and cut off entry times.

Summing up by the applicant

 

The applicant's representative summed up reiterating many of the points within her representation and thanking the attendees for their comments which she would take away and try to address any concerns.

 

Summing up by the Officers

 

None

 

Summing up by the Representors

 

None

 

The meeting adjourned to go into closed session at 8.00pm

 

Resolved:

 

That the hearing should be adjourned in accordance with Regulation 12(b) of The Licensing Act 2003 (Hearings) Regulations 2005

 

 

The reason for the decision is:

 

The LIcensing Sub-Committee felt it was necessary for this matter to be adjourned to allow the Applicant to have the opportunity to engage in mediation with all those who had made representations prior to the Licensing Sub-Committee making its decision. It was accepted that due to personal circumstances it had not been possible for the Applicant to undertake mediation prior to this hearing.

 

 

Chair