The Courtyard, St. Nicholas Street, Worcester PDF 66 KB

Report to: Licensing Sub-Committee – 31 st January 2013
Report of: Head of Worcestershire Regulatory Services (on behalf of Worcester
City Council)
Subject:
APPLICATION TO VARY AN EXISTING PREMISES LICENCE – THE
COURTYARD, ST NICHOLAS STREET, WORCESTER
1. Purpose of Report
1.1 To consider an application to vary an existing Premises Licence in respect of The
Courtyard, St Nicholas Street, Worcester. A copy of the application is attached
at Appendix 1.
2. Background
2.1 On 29th November 2012, the licensing section received an application from John
Gaunt & Partners, on behalf of Marstons plc, to vary an existing Premises
Licence.
2.2 The application contained all the requisite documentation including the fee and a
plan of the premises.
2.3 It can be confirmed that the application form has been advertised (A4 notice
displayed on site and a Public Notice placed in the local newspaper ‘Worcester
News’ (December 2012) and that the application has been served on all
‘responsible authorities’.
2.4 The applicant has applied to extend times for both sale of alcohol and regulated
entertainment until 02:00. In addition the applicant is seeking to remove two
conditions from the current Operating Schedule.
2.5 The applicant currently benefits from a Premises Licence with the following
times:-
Regulated Entertainment (Including Films, Indoor Sporting Events, Live &
Recorded Music, Performance of Dance) Monday–Wednesday 10:00-00:00;
Thursday–Saturday 10:00-02:00; Sunday 11:00-00:00.
Sale of Alcohol is permitted for the same times as stated above.
Late Night Refreshment – Monday-Wednesday 23:00-00:00; Thursday-Saturday
23:00-02:00; Sunday 23:00-00:00.
3. Representations
3.1 It can be confirmed that, save for the comments at 3.2, there have been no
representations from the “responsible authorities”.
3.2 On 30 th November 2012 West Mercia Police emailed John Gaunt & Partners to
request a modification to an existing condition attached to the Premises Licence.
It can be confirmed that Michelle Hazelwood (acting on behalf of John Gaunt) has
agreed to a rewording of a condition which states:-

Installation of a digital CCTV system to the satisfaction of the police and maintained in
good working order. Recordings shall be retained for a period of 30 days and a
member of staff should be capable of downloading such recordings or part of and
provide a copy of the same to West Mercia Police within in 24 hours of a request being
made.
3.3 As a result, West Mercia Police have not made a formal representation to the
variation application.
3.4 A copy of the email is attached as Appendix 2.
3.5 During the course of the consultation period, the Licensing Department has
received a number of representations to the variation application from ‘other
people’ (as defined in the Licensing Act 2003), namely residents and councillors.
3.6 Copies of their emails have been attached as Appendix 3.
4. Mediation
4.1 On 4 th January 2013, the licensing officer emailed those making representations
to see if mediation between the parties would be possible.
4.2 A copy of the email is attached at Appendix 4.
4.3 A number of those making objections have shown a willingness to speak to the
applicant, and as a result a meeting has been arranged at the Courtyard, St
Nicholas Street, Worcester.
4.4 At the time of preparing this report, this meeting is yet to go ahead, but details
of the meeting will be presented at the hearing to Members of the Licensing Sub-
Committee.
5. Local Policy Considerations
5.1 The Sub-Committee should have regard to the Worcester City Council Statement
of Licensing Policy.
6. Policy, Legal, Financial & Equality Implications
6.1 The Sub-Committee is obliged to determine this application with a view to
promotion of the licensing objectives which are:
• the prevention of crime and disorder;
• public safety;
• the prevention of public nuisance;
• the protection of children from harm.
6.2 In making its decision, the Sub-Committee is also obliged to have regard to
national Guidance (recently revised as of October 2012) and the Council’s own
Licensing Policy.
6.3 The Sub-Committee must also have regard to the representations made and the
evidence it hears.

6.4 The Committee must take such of the following steps as it considers necessary
for the promotion of the licensing objectives:
(a)
(b)
(c)
Grant the application as asked.
Modify the conditions of the licence, by altering or omitting or adding to
them.
Reject the application.
6.5 The Sub-Committee is asked to note that it may not modify the conditions or
reject the whole or part of the application merely because it considers it desirable
to do so. It must actually be necessary in order to promote the licensing
objectives.
6.6 The Licensing Sub-Committee will ensure it has regard to the desirability of
exercising its functions with regard to the need to eliminate discrimination and to
increase equality of opportunity. Applications received will be treated in
accordance with Worcester City Council’s Equal Opportunities policy.
7. Conduct of Hearing
7.1 The Sub-Committee is recommended to conduct the hearing in accordance with
the agreed procedure (Appendix 5).
8. Recommendation of the Head of Worcestershire Regulatory Services:
8.1 That the Sub-Committee consider and determine this application.
Ward(s):
Cathedral
Contact Officer: Carl Phillips (01527 548211)
Background Papers:
Appendix 1. – Application
Appendix 2. – Email from the Police
Appendix 3. - Representations received
Appendix 4. - Email regarding mediation.
Appendix 5. - Hearing Procedure.