(i)

considered the report from the Director for Community Services;

(ii)

considered the written representations from interested parties;

(iii)

considered the representations from Environmental Health and heard that the applicant had agreed to the conditions they were putting forward;

(iv)

heard from the applicant that he agreed to the conditions put forward by Environmental Health and that he was no longer applying for off sales.  He agreed that live music would cease at 2300hrs and the provision of facilities for making music would cease indoors at 2300hrs;

(v)

considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

Environmental Health stated that the proximity of the premise to a residential properties caused concern for the potential for noise nuisance that may affect local residents in the use and enjoyment of their properties.  Conditions were submitted which were considered suitable to address the potential public nuisance issues arising from the premises. This was considered to be relevant and members were satisfied that these conditions would address any potential problems;

Interested parties had concerns that there would be an increase in noise particularly late at night if the premise were to be open for such long hours and with the granting of entertainment on the licence.  Noise would come from the entertainment and from rowdy behaviour. This would impact on elderly and vulnerable residents nearby. This was considered to be relevant and members considered that the conditions put forward by Environmental Health would address any potential problems.

b)

Prevention of Crime and Disorder –

the park was already a gathering place for persons who use the park to sit and drink alcohol, behaving inappropriately and being verbally and physically abusive. This was intimidating to those using the park and may increase with the granting of the licence due to it being easier to obtain alcohol.  This was  considered to be relevant however members considered that this was addressed as the applicant was no longer applying for off sales and in addition a special condition was needed to control the sale of alcohol as follows:

Special condition:  Alcohol is only to be supplied as part of a meal served at a table save where it is supplied as part of a pre booked function.

it was feared that incidents of vandalism would increase which caused distress for vulnerable residents nearby if the licence was granted (due to the ease of obtaining alcohol). This was considered to be relevant however members considered any potential problems were addressed through the removal of off sales from the application and the special condition above;

c)

Protection of Children from Harm –

concern that the park was supposed to be a child friendly space and would not be so if children were subjected to witnessing drunken behaviour. This was considered to be relevant however members considered that this was addressed through the removal of off sales and the special condition above;

d)

Public Safety –

the safety of clients at care homes near the premises would be compromised by the granting of the licence. This was not considered to be relevant as there was no information provided to say in what way safety would be compromised;

the safety of people in the park would be compromised with the granting of the licence. This was not considered to be relevant as there was no information provided to say in what way safety would be compromised;

parking in the area was already limited and parking on the road to the pavilion may prevent emergency vehicles from gaining access to the residential home at the end of the road.  This was not considered to be relevant as this was an issue to be enforced by other enforcement agencies.