wolverhampton city council open decision item sub-committee... · randeep gill as the designated...

Little Civic Slade room

Agenda Item No: 8 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel LICENSING SUB-COMMITTEE Date 9/9/2010 Originating Service Group(s) REGENERATION & ENVIRONMENT Contact Officer(s)/ J TILL Telephone Number(s) 0106 Title/Subject Matter LICENSING ACT 2003

APPLICATION FOR A VARIATION OF A PREMISES LICENCE IN RESPECT OF THE LITTLE CIVIC/THE SLADE ROOMS 32-40 BROAD STREET WOLVERHAMPTON WV1 1HP

Recommendation Members are requested to consider this application for a variation of a premises licence.


APPLICATION FOR A VARIATION OF A PREMISES LICENCE IN RESPECT OF THE LITTLE CIVIC/THE SLADE ROOMS 32-40 BROAD STREET

WOLVERHAMPTON WV1 1HP

1.0 PURPOSE OF REPORT 1.1 To submit for consideration by the Sub-Committee an application for a variation of a

premises licence. 2.0 BACKGROUND 2.1 An application has been received from Kevin Roberts Legal Services Wolverhampton

City Council on behalf of the premises licence holder Wolverhampton City Council for a variation of the premises licence in respect of The Little Civic/The Slade Rooms 32-40 Broad Street Wolverhampton WV1 1HP. A copy of the application is attached at Appendix 1. The premises are in the St Peters Ward and a location plan is attached at Appendix 2.

2.2 Following the conversion and variation of their existing Justices Licence and Public

Entertainment Licence a premises licence, under the licensing Act 2003, was granted on 5 October 2005 to Rabs Bars Wolverhampton Limited. However this premises licence lapsed on 26 January 2007 following the liquidation of the premises licence holder.

2.3 A new application was applied for on 31 August 2007 by Quest Two Limited for a

premises licence in respect of a premises known as Amar House 32-38 Broad Street Wolverhampton WV1 1HP. Relevant representations were made in response to the application by West Midlands Police on grounds of the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm licensing objectives. Relevant representation were made by West Midlands Fire Service on grounds of the public safety licensing objective. Following negotiation amendments were made to the operating schedule which formed part of the licence, granted on 29 September 2007.

2.4 On 28 September 2007 the Licensing Authority was notified that the premises trading

name had changed to Déjà vu. 2.5 On 22 October 2007 the Licensing Authority was notified that the premises trading name

had changed to C4. 2.6 On 11 March 2008 the Licensing Authority received written notification from the

designated premises supervisor, Angela Bent, to remove herself from the Licence. 2.7 On 11 March 2008 an application was received for a variation of the licence to specify

Randeep Gill as the designated premises supervisor to take immediate effect under Section 38 of the Licensing Act 2003.

2.8 On 7 January 2009 an application was received for a transfer of the licence to specify

Quest Leisure Limited as the premises licence holder to take immediate effect under Section 42 of the Licensing Act 2003.

2.9 On 12 October 2009 an application was received for a transfer of the licence to specify

Wolverhampton City Council as the premises licence holder to take immediate effect under Section 42 of the Licensing Act 2003.


2.10 On 12 October 2009 an application was received for a variation of the licence to specify Clifton Lovegrove as the designated premises supervisor to take immediate effect under Section 38 of the Licensing Act 2003,

2.11 On 12 October 2009 an application was received for a variation of the premises licence

by the premises licence holder, Wolverhampton City Council, to give effect to the reduction in licensing hours, the addition of plays and films, the modification of conditions and the alteration of the internal layout of the premises.

2.12 Relevant representations were received from Food and Environmental Safety Service to

the application on grounds of the prevention of crime and disorder licensing objective. Following negotiation amendments to the operating schedule were attached to the licence.

2.13 On 10 November 2009 the licensing authority was notified of a change in the premises

trading name to Little Civic. A copy of the current premises licence is attached at Appendix 3.

2.14 On 4 November 2009 the Statement of Licensing Policy was revised to give effect to a

cumulative impact policy (CIP). A further revision to the CIP was approved on 28 April 2010. The effect of this CIP is to create a rebuttable presumption that applications in respect of the sale or supply of alcohol and/or Late Night Refreshment for new Premises Licences, Club Premises Certificates or Provisional Statements and applications for variations of existing Premises Licences, Club Premises Certificates where the premises are situated in the City Centre Cumulative Impact Zone will be refused. To rebut this presumption the applicant would be expected to show through the operating schedule and where appropriate with supporting evidence that the operation of the premises will not add to the cumulative impact already being experienced. This policy does not act as an absolute prohibition on granting new licences in the City Centre Cumulative Impact Zone.

2.15 The Little Civic is situated within the Cumulative Impact Zone. A copy of the policy and

area in which it covers is attached at Appendix 4. 3.0 Application to Vary Premises Licence 3.1 The current application received dated 16 July 2010 is to extend the permitted hours for

the permitted licensable activities. 3.2 The nightclub, the subject of the application, currently has a premises licence which

permits licensable activities as detailed below. Details of the variation applied for are also detailed below:

Licensable Activities Existing Proposed Variation Indoor/ Outdoor or Both

Plays Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400 Indoors Non-standard hours Non-standard hours GMT variation 1200 - 0100 No change Films Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400 Indoors Non-standard hours Non-standard hours GMT variation 1200 - 0100 No change



Live music Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400 Indoors Non-standard hours Non-standard hours GMT variation 1200 - 0100 No change Recorded music Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400 Indoors Non-standard hours Non-standard hours GMT variation 1200 – 0100

No change

Performance of dance Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400 Indoors Non-standard hours Non-standard hours GMT variation 1200 – 0100

No change

Activity like music or dance

Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400

Indoors Non-standard hours Non-standard hours GMT variation 1200 – 0100

No change

Facilities for making music

Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400

Indoors Non-standard hours Non-standard hours GMT variation 1200 - 0100 No change Facilities for dancing Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400 Indoors Non-standard hours Non-standard hours GMT variation 1200 - 0100 No change Facility like music or dance

Mon – Sun 1200 - 0100 Mon – Sun 1200 - 0400

Indoors Non-standard hours Non-standard hours GMT variation 1200 - 0100 No change Late Night Refreshment Mon – Sun 2300 - 0100 Mon – Sun 2300 - 0400 Indoors Non-Standard hours Non-standard hours GMT variation 2300 - 0100 No change Sale of Alcohol by Retail on the Premises

Mon – Sun 1200 - 0100

Mon – Sun 1200 - 0400

Non-standard hours Non-standard hours GMT variation 1200 - 0100 No change



Opening Hours

Mon – Sun 1200 - 0100

Mon – Sun 1200 - 0400

Non-Standard Hours GMT variation 1200 - 0100

Non-Standard Hours No change

3.3 It is the understanding of the Licensing Authority that the application to vary this

premises licence has been properly made. The statutory requirement to give notice of the application has also been complied with.

3.4 No relevant representations have been received from West Midlands Fire Services,

Trading Standards, Planning Department and Social Services. 3.5 West Midlands Police have made relevant representations and are objecting to the

variation on grounds of the prevention of crime and disorder licensing objective. They have negotiated with the applicant proposed amendments to the operating schedule. A copy of the proposed amendments is attached at Appendix 5.

3.6 Food and Environmental Safety Service have made relevant representations and are

objecting to the variation on grounds of the prevention of public nuisance licensing objective. They have negotiated with the applicant proposed amendments to the operating schedule. A copy of the proposed amendments is attached at Appendix 6.

3.7 Relevant representations have been received from an interested party, namely a local

business objecting to the variation of the premises licence on grounds of the prevention of public nuisance licensing objective. A copy of their representations is attached at Appendix 7.

3.8 The applicant, West Midlands Police, Food and Environmental Safety Service and the

interested party have been invited to attend this meeting. 4.0 Legal Implications 4.1 All applications shall be determined in accordance with the four licensing objectives

namely:

• The prevention of crime and disorder; • Public safety; • The prevention of public nuisance; • The protection of children from harm.

Regard shall be had to guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 and Wolverhampton City Council’s Licensing Policy Statement.

5.0 Human Rights Implications 5.1 This report has human rights implications for both the applicant and the residents from

the local neighbourhood. Refusal of a license may have financial implications for a licensee’s business and livelihood whereas granting a licence may have impact upon the day to day lives of residents living in close proximity to the premises.


5.2 Article 8(i) of the European Convention of Human Rights provides that everyone has the

right to respect for his/her private and family life, and his/her home (which includes business premises). This right may be interfered with by the Council on a number of grounds including the protection of rights and freedom of others. The First Protocol – Article 1 – also provides that every person is entitled to the peaceful enjoyment of his possessions and shall not be deprived of his possessions except in the public interest and conditions provided for by law. Members must accordingly make a decision which is proportionate to the hearing and endeavour to find a balance between the rights of the applicant, residents and the community as a whole.

6.0 Resource Implications 6.1 A fee of £190.00 is made for the administration and issuing of this variation application

for a premises licence. 7.0 Equalities Implications 7.1 This report does not have any equality implications. 8.0 Environmental Implications 8.1 This report has environmental implications in that the variation to extend licensable

activities generates the potential for disturbance by patrons leaving the premises at the later hour.

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