Agenda item
Application by Kingsbury Town Management Company for a new premises licence to supply alcohol from 08:00hrs to 04:00hrs Monday to Sunday and undertake regulated entertainment from 1100 hours until 0300 hours for the premises "Kingsbury Town Management Company", (Townsend Lane, Kingsbury NW9 7NE), pursuant to the provisions of the Licensing Act 2003.
Minutes:
APPLICANT
KINGSBURY TOWN FOOTBALL CLUB
Mr Robert Morris, Director of the Kingsbury Town Football Club
RESIDENTS
Ms Jean Sherman Silver Jubilee Park Residents’ Association
Ms Mew Privett, Local resident
DECISION:
The Sub-Committee decided that the application by Kingsbury Town Management Company for a new premises licence to supply alcohol from 08:00hrs to 04:00hrs Monday to Sunday and undertake regulated entertainment from 1100 hours until 0300 hours for the premises "Kingsbury Town Management Company", (Townsend Lane, Kingsbury NW9 7NE), pursuant to the provisions of the Licensing Act 2003 be granted but subject to the restrictions and conditions set out in the decision letter below.
The application
The Sub-Committee has given careful consideration to an application by Kingsbury Town Management Company, under section 17 of the Licensing Act 2003, for the grant of a premises licence for Kingsbury Town FC, Townsend Lane, Kingsbury NW9 7NE. The premises currently has a club premises certificate and is licensed for the supply of alcohol on Mondays to Sundays from 08.00 hours until 04.00 hours and for regulated entertainment such as live and recorded on Mondays to Sundays from 11.00 hours until 03.00 hours to club members and their guests.
The original application sought the following permissions:
Licensable Activities and opening hours
|
Days |
Hours |
Alcohol |
Mondays – Sundays |
08.00 – 04.00 |
Live/recorded music and similar entertainment |
Mondays – Sundays |
11.00 – 03.00 |
Late night refreshment |
Mondays – Sundays |
23.00 – 04.00 |
Opening hours |
Mondays – Sundays |
08.00 – 04.00 |
The application received a number of representations/objections from environmental health; the licensing authority; the Silver Jubilee Park Residents’ Association and individual residents. The police had also made a representation but this had been withdrawn by the time of the hearing.
In response, the application was amended as follows:
Licensable Activities and opening hours
|
Days |
Hours |
Alcohol |
Mondays – Thursdays
Fridays & Saturdays
Sundays |
08.00 – 00.00
08.00 – 02.00
08.00 – 22.00
|
Live/recorded music and similar entertainment |
Mondays – Thursdays
Fridays & Saturdays
Sundays & Bank holidays
|
11.00* – 00.00
11.00* – 02.00
11.00* – 22.00 |
Late night refreshment |
Mondays – Thursdays
Fridays & Saturdays
|
23.00 – 00.00
23.00 – 02.00
|
Opening hours |
Mondays – Thursdays
Fridays & Saturdays
Sundays & Bank holidays
|
08.00 – 00.00
08.00 – 02.00
08.00 – 22.00 |
*The applicant and environmental health agreed a start time of 08.00 hours, however, as the original application itself stated a start time of 11.00 hours, it is not possible for the applicant to amend his application by extending the hours for entertainment.
The amended timings, or at least the terminal hours are consistent with a planning permission issued by the Council in July 2015. However, the planning permission restricted the use of the extra two hours on Fridays and Saturdays to 4 events per year. The stated reason for all the restricted timings was to “ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties”.
The applicant also agreed a number of conditions with the environmental health officer which are not set out in this decision notice but form part of the application details and other papers considered by us and published on the Council’s website (see pages 159 & 160 of the Agenda pack) and are therefore not repeated in this decision notice. The conditions are targeted at promoting the licensing objective of preventing public nuisance and safeguarding local residents from noise disturbances.
The residents’ objections expressed concern about noise nuisance and disturbance they stated they already suffered and feared would get worse as a result of music emanating from the premises and customers leaving the premises at closing times. They also expressed their fears about crime and disorder and anti-social behaviour.
The hearing
At the hearing Mr Robert Morris, a Director of the Football Club, represented the applicant.
Ms Jean Sherman represented the Silver Jubilee Park Residents’ Association and one other resident who had submitted a relevant representation.
Ms Mew Privett, a local resident, also attended the hearing in support of her representation.
The decision
We have listened to all the representations and have read all the material.
We have had regard to the statutory guidance issued under section 182 of the Licensing Act 2003, and the Council’s own licensing policy.
We have taken into account our duty under section 17 of the Crime and Disorder Act 1998 to have due regard to the likely effect of the exercise of our discretion on, and the need to do all we reasonably can, to prevent crime and disorder in our area and the misuse of alcohol.
We confirm that in making our decision we have sought to promote the licensing objectives.
We have also taken into account that local residents have a right to respect for their private and family life and their home. They are entitled therefore not to be disturbed by unreasonable noise or any other form of nuisance. However, this is a qualified right and has to be balanced against the rights of others including the rights of businesses in the area to operate.
In all circumstances, we concluded that it was appropriate for the amended application to be granted but subject to the following restrictions and conditions.
In order to promote the licensing objectives, and for the reasons set out in the various representations we received, we also felt that it was appropriate to restrict the timings. The reduced timings proposed by the applicant meant that licensable activities could continue until closing times without allowing for what used to be referred to as ‘drinking up time’ or a natural winding down of activities.
This premises is located in a noise sensitive area and it is imperative that closing times are strictly adhered to. In accordance with what we consider to be best practice and necessary in order to protect local residents from disturbances long after closing times, we have brought forward the finish times for all licensable activities by 30 minutes on Mondays to Saturdays and 15 minutes on Sundays. In line with the planning consent, we have also restricted the longer (02.00 hours) closing times to 4 events per year. This is once again necessary in order to strike a fair and proportionate balance between the competing rights of local residents and the applicant.
These are the activities and times we have permitted.
Licensable Activities and opening hours
|
Days |
Hours |
Alcohol |
Mondays – Thursdays
Fridays & Saturdays
Sundays |
08.00 – 23.30
08.00 – 01.30*
08.00 – 21.45
|
Live/recorded music and similar entertainment |
Mondays – Thursdays
Fridays & Saturdays
Sundays & Bank holidays
|
11.00 – 23.30
11.00 – 01.30*
11.00 – 21.45 |
Late night refreshment |
Mondays – Thursdays
Fridays & Saturdays
|
23.00 – 23.30
23.00 – 01.30*
|
Opening hours |
Mondays – Thursdays
Fridays & Saturdays
Sundays & Bank holidays
|
08.00 – 00.00
08.00 – 02.00*
08.00 – 22.00 |
*Restricted to four events per year. On all other occasions the timings will be the same as the week days.
We confirm that the agreed conditions which we have already referred to and which were proposed by environmental health will be added to the licence.
Informative
We strongly advise that the applicant incorporates standard terms into its hire agreement regulating the use of noise equipment. The onus will remain on the applicant to ensure that third parties using the premises for licensable activities do not cause a nuisance.
The applicant must also ensure that when youth activities are being run at the premises, particular care is taken to protect children from harm.
Right of Appeal
The parties have a right of appeal to Brent Magistrates’ Court against this decision.
If you wish to appeal you must notify Brent Magistrates’ Court within a period of 21 days starting with the day on which the Council notified you of this decision.
Supporting documents:
- New Premises licence - Kingsbury Town Management Company, Townsend Lane, Kingsbury NW9 7NE, item 6. PDF 48 KB
- Kingsbury Town FC - Apllication, item 6. PDF 28 KB
- NCT - Representation, item 6. PDF 51 KB
- LO - SF Representation, item 6. PDF 209 KB
- Radated - Silver Jubilee Resident Ass, item 6. PDF 654 KB
- Redacted Rep (BT), item 6. PDF 95 KB
- Redacted Rep (M P), item 6. PDF 125 KB
- Redated - Resident's (M Davies) [1], item 6. PDF 151 KB
- Plans 12_05_2015, item 6. PDF 158 KB
- Current Premises Licence, item 6. PDF 358 KB
- Kingsbury Town FC OS Map, item 6. PDF 3 MB