Agenda item

The Application:

The applicant sought a premises licence for the supply of alcohol within a renovated pavilion for both on and off sales from 11.00 to 23.00 on Monday to Saturday and from 11.00 to 22.00 on Sunday. The premises being open to the public from 08.00 to 23.30 Mondays to Saturday and 08.00 to 22.30 on Sunday.

The case for the applicant:

The applicant’s consultant, Mr Mayhew advised that the applicant was a private company owned by four families. The site was currently used by three football teams for children’s and young persons’ football. It was mainly used on Saturday and Sundays. The club house needed refurbishment and to raise funds, a licence to supply alcohol at the pavilion was being sought. Many of the bookings would be from members of the club, but not exclusively so. The pavilion would not just be limited to football use and could be hired for a wide range of purposes. It was explained that the clubhouse, when refurbished, could be used by up to 150 persons, although this would be dependent on a fire risk assessment.

Mr Mayhew explained that his client had carefully considered the large number of objections. Some of the objections, in his submission, were not a matter for licensing. There were complaints about inconsiderate parking in the nearby streets and also traffic conflicts due to the narrow nature of St Dunstan’s Lane, backing onto Wickham Way. While public safety was a licensing objective, Mr Mayhew pointed out that the applicant had no control over parking issues outside of the site. Likewise, if persons were currently loitering in the area, this could not be related to the application. With reference to concerns about school children from the nearby schools passing the site, the applicant managed football for children and young persons and had child protection policies in place. Environmental issues and issues concerning the planning designation of the surrounding area as an area of special residential character were not for the licensing hearing.

Mr Mayhew said the objections had been carefully considered by the applicant. In addition to the agreed police conditions, the applicant had put forward 27 additional conditions for consideration. The car park could hold about 50 cars which was reasonable for the property. The hours were usual hours for a licensed premises. A dispersal policy could minimise the risk of nuisance when patrons left the premises.

(ii) The case for the objectors

In addition to the written representations, the sub-committee was addressed  by a representative of the Park Langley Residents Association. She pointed out the proximity of nearby residential properties in Wickham Way. The residents were already subject to noise within their houses from the use of the playing fields. This would be likely to worsen if the supply of alcohol was permitted. She was concerned that there was not a sufficient link with the sporting function of the site and the proposal could be described as for entertainment venue. There had been a dramatic increase in traffic using St Dunstan’s Lane since the applicant took ownership of the site. Another resident felt the application would be a “trojan horse,” allowing the use of the site to change from a use connected with sport. A further resident confirmed she could hear noise from the playing of football in her siting room.

Reasons for decision

Members considered the amended application, the written and oral representations, the Council’s Statement of Licensing Policy and statutory guidance. Members noted the positive steps being taken by the applicants to encourage football by children and young persons. They noted that the pavilion building was in need of refurbishment and that funds needed to be raised for this. They also noted that the sporting use was a longstanding one which should be supported. Current traffic issues seemed to arise outside the site and were difficult for the applicant to control.

Members also noted the evidence that the current use did cause some disturbance to nearby residential properties. They felt that the application, by introducing new activities onto a difficult site, both in terms of the nearness of residential properties and access, would increase the potential for nuisance to nearby residential properties in Wickham Way. Members were particularly concerned that new activities would be introduced well into the evening when the occupiers of those nearby properties, might reasonably expect a higher degree of peace and quiet.

When balancing all of the considerations, Members concluded that the application could be permitted without harm to the Licensing objectives, but only if the hours within which alcohol could be supplied was restricted to between 11am and 6.30pm.

Decision

That the application for the grant of a premises licence at L A Sports Club, St Dunstan’s Lane, Beckenham BR3 3SS be permitted subject to the following conditions:

1. That alcohol shall only be supplied between the hours of 11.00 and 18.30 on any day
2. Where amplified live music or recorded music is played windows and doors will be kept shut
3. All external doors to the premises shall remain closed except for entrance and egress