Agenda item

Reporting Officer – Matt Cobb

The Sub-Committee had before it a report regarding an application by local residents for a Review of the Premises Licence held by The Mayford Arms, Guildford Road, Woking.  Stephen Thomas attended the meeting to represent the local residents, with a number of the residents also attending the hearing.  Piers Warne attended the meeting to represent the Mayford Arms, with the Designated Premises Supervisor and representatives from Greene King also in attendance.  Also attending the meeting was Joseph Dutfield, representing Woking Borough Council Environmental Health. 

All parties present had a copy of the Licensing Committee’s agreed procedure to be followed at Licensing Sub-Committee hearings.  The Chairman introduced Members of the Sub-Committee and outlined the order of speaking which would be followed at the hearing.

The Licensing Authority’s representative, Matthew Cobb, advised the Sub-Committee that there was nothing to add further to the report which was before the Sub-Committee.  None of the parties present had any questions for the representative.

The Chairman gave Mr Thomas the opportunity to address the Sub-Committee.  Mr Thomas stated that the reason for the Review was the level of music noise from the premises and added that the local residents would like to work with the management of the premises.  The Sub-Committee was advised that a set of conditions had been agreed between the local residents and Greene King, which were tabled for consideration.

Mr Warne advised the Sub-Committee that it was recognised as important for the premises to engage with the local residents and hoped that the new set of conditions would facilitate a more positive ongoing relationship.

Mr Cobb reported that the Licensing Authority was content with the conditions agreed.  No closing statements were made.

The Chairman adjourned the meeting at 6.45pm.  The Sub-Committee deliberated in private, requesting that the Council’s Solicitor join them for the provision of legal advice, and re-assembled at 6.50pm.

Following a question by Councillor Lyons, Mr Thomas stated that he had undertaken a thorough consultation with the local residents being represented, prior to agreeing the conditions with Mr Warne.

The Chairman stated that the Sub-Committee had accepted the conditions to be added to the Premises Licence, with the intention that the local residents and the premises would have a more positive relationship and engagement going forward.  It was added that the premises would have the Right of Appeal to the Magistrate’s Court within 21 days.

RESOLVED

That the following conditions be added, maintained or removed for the Premises Licence held by the Mayford Arms:

The following conditions be added:

1. The external areas shall be managed as far as practicable to ensure that customers do not behave in a manner that is likely to cause a public nuisance. For the avoidance of doubt, this condition does not seek to prevent customers from engaging socially as would be expected in a pub garden, but requires a degree of management of customers should their behaviour become overly loud or deemed to be offensive.

2. No more than six events per calendar year may be held in the pub garden to the rear of the premises that involve an element of live and recorded music ('pub garden events'). During any pub garden event, the live or recorded music will last no longer than two hours between 12.00 (midday) and 18:00 hours. A record of pub garden events will be maintained at the premises and shall be available for inspection by licensing and other responsible authority officers. The record will include the date, time and nature of the pub garden event. There will be a period of at least twenty days between Pub garden events. A minimum of 14 days' notice will be given in writing to residents in the immediate vicinity of pub garden events

3. At least two prominent signs will be displayed in the garden area to the rear of the premises reminding customers to respect the fact that there are residents living nearby.

4. A complaints log will be maintained by the DPS ('the log'). The log will be used to record any complaints made by residents in relation to the operation of the premises. The log will record the date, time and nature of the complaint, along with the name of the person making the record and any action taken in relation to that complaint. A dedicated telephone number will be made available to residents during trading hours.

5. No live or recorded music with or without amplified voice will be provided until the DPS has served a dispersal policy on the Woking Licensing Authority and Woking EHO (with receipt acknowledged from the named responsible authorities) setting out the management practices to be used to ensure as far as practicable the quiet and effective dispersal of customers upon leaving the premises. This policy is to be reviewed annually and any updated version served on Woking Licensing Authority and Woking EHO.

6. When live music is played within the premises, the DPS or designated manager will undertake noise checks at the boundary of the nearest noise sensitive properties surrounding the premises to ensure as far as practicable that the music levels will not amount to a public nuisance. Levels will be turned down if they are deemed to be likely to cause a public nuisance and further checks undertaken until the levels are deemed to be appropriate for compliance with this condition. A record of the checks will be maintained at the premises and shall be available for inspection by licensing and other responsible authority officers.

7. Amplified music (as defined in these conditions) is to include amplified voice.

8. Doors and windows will not be permitted to be opened during live or recorded music (excluding incidental background music), except for access and egress. Signs will be displayed on fire exits asking customers not to open them and signs displayed on any doors used for public access and egress reminding customers to close the door after use. Self closing mechanisms will be fitted to the rear patio doors. Regular checks will be made during regulated entertainment to ensure as far as practicable that this condition is being complied with.

9. The kitchen extract system will be properly maintained to ensure that as far as practicable noise from the extractors or smells from the system do not cause a public nuisance.

10. A designated smoking area to the front of the premises, away from 'Friars' is to be used by customers after 23:00 hours. A no smoking sign to be affixed to the wall of the premises on Guildford Road nearest to 'Friars'.

11. All staff shall be trained in relation to the conditions on the premises licence and in relation to the law in relation to the service of alcohol to intoxicated persons as required for the proper undertaking of their roles. Such training shall be recorded as having been given and kept as part of the employee’s records

12. An incident book ('the book') will be kept and maintained at the premises. All incidents and refusals of sale of alcohol will be recorded in the book. The following details will be recorded: date, time and details of incident/ refusal, name of person making record and action taken as a result of the incident/ refusal.

13. The DPS or manager will ensure as far as practicable that the external areas of the premises are kept clear of rubbish and that bins are properly secured.

14. At least 14 days' notice of any TEN applied for which involves an element of live or recorded music will be given by email to the owners of Friars, Guildford Road, GU22 9QT and 6 Bourne Way, Mayford GU22 9QU. For the avoidance of doubt the notice period relates to the date of the event, not the date of the service of the TEN.

15. A challenge 25 policy will be drawn up and implemented at the premises to ensure that any customer seeking to purchase alcohol is required to provide proof of age prior to the purchase if the member of staff responsible for the sale deems them to be under 25. Proof of ID will be by means of photographic ID provided by the customer only, such as passport, driving licence, 'PASS' mark ID card, military ID card, National ID card.

16. Under 18's will only be permitted on the premises if accompanied by a responsible adult.

17. No under 18's to be allowed to remain on the premises after 21:00 unless they are partaking in a meal or attending a pre-booked function.

18. Notice to be given a minimum of 48 hours in advance of events involving recorded music and a minimum of 14 days in advance of events involving live music to (Mr. & Mrs Hughes and Mr & Mrs Marriott). the owners of Friars, Guildford Road, GU22 9QT and 6 Bourne Way, Mayford GU22 9QU.

19. The fire door immediately adjacent to the Marriott and Hughes houses to be alarmed with a warning light to notify bar staff when opened during recorded music or live music. Notices to be placed on the door informing customers that the door is not to be opened during live or recorded music events.

The following conditions be retained:

1. Prominent, clear and legible notices to be displayed at all exits (except the garden) requesting the public respect the needs of local residents and to leave the premises and the area quietly

2. The garden seating and play area not to be used after 23:00

3. Member of pubwatch scheme

4. Regular testing and certification of all procedures, appliances and systems pertinent to safety of customers, staff and premises

The following conditions be removed:

1. All doors and windows to be kept closed during the playing of amplified music

2. Strong management controls and effective training of all staff so that they are aware of the four key licensing objectives

3. Responsible management of the premises

4. Training and supervision of all staff

5. Adopting a house best practice guide- Portman Group, NAHRST, and other voluntary codes of practice

6. Use of proof of age scheme – photo ID only

7. Responsible management at all times

8. Risk management assessment checked weekly

9. Training and supervision of staff and adoption of a house safe policy

10. Responsible management of customers staff deliveries and premises at all times to prevent incidents of public nuisance

11. External lighting, litter bins and public notices

12. Effective ventilation system to prevent nuisance from odours

13. Children allowed on premises until 21:30 in dining area, garden and saloon bar with an adult

14. Proof of age scheme with photo ID only.

The following ‘informative’ to be noted on the licence:

The limit of 6 events (as defined in Condition 2 ) in the garden with live or recorded music is a limit for the year. Should a TEN be applied for (and granted) with live or recorded music in the garden, each day will count as one of the 6 events.