Agenda item

The Licensing Sub-Committee carefully considered the application for the variation of the Premises Club Certificate at Wickham Park Sports Club, Pickhurst Rise, West Wickham.

The Licensing Sub-Committee made the following decision having regard to:

The four licensing objectives:

The Council’s current Statement of Licensing Policy (as amended):

Guidance issued under the Licensing Act 2003 (As amended); The Secretary of State Guidance issued under Section 182 of the Licensing Act 2003 (As amended):

Written and oral representations from the Applicant:

Written representation from  local residents:

Written representation from the Health & Safety and Licensing Team:

Written representation from the Metropolitan Police:

Written representation from the Ward Councillor:

The Decision of the Licensing Sub-Committee was as follows:

On the 26th October 2023, the Licensing Sub-Committee considered the application, and decided to grant the variation to Wickham Park Sports club premises certificate, subject to the amendments made at the Hearing. The amendments related to the licenseable activities  and the relevant permitted hours, the revised Metropolitan Police conditions 1,3,8,10 and 15. The applicant  offered to provide the Council with a copy of the revised club rules by the end of January 2024.

1.THE APPLICANT / THE CLUB’S CASE

Two representatives for Wickham Park Sports Club (‘the Club’), Ben Hayward and Lynne Hayward (the Applicants) attended the Hearing. The Applicants introduced the application and in brief mentioned that the current club premises certificate license granted in 2006 was not appropriate for the Club in practical terms as a result of an increase in the services which the club was now able to provide its members, and the local community. The Club had therefore submitted its application to extend its hours to allow it to serve more people, to extend its indoor activites for sporting events, to attract other members and the local community. The applicant(s) mentioned that they had agreed to the proposed Metropolitan Police conditions.  Those conditions were amended at the Hearing and the applicant agreed to the amended conditions1,3,8,10 and 15and included a new condition number 15. Areas of discussion concerned  a)Sale of Alcohol b) Indoor Sports c) Live Music d) Recorded Music e) Performanceof Dance f) Late night refreshment g) Opening Hours (see paragraph 3 below).  Also discussed were the points raised in objections which included noise nuisance, and issues regarding dispersal after large evening events.

The Applicants mentioned that the Club’s plan was to hold events on behalf of schools, sports providers, its members, and to serve the community.

The Club allowed only members to book for the specific events. The Club attracted a varied age group. During the special events, the Club wanted to provide refreshments. The Applicants mentioned that the Club had accepted the police conditions.

The Applicants said that the nursery school (which was located within the building), did not object to the application. The Applicants mentioned that the nursery had a separate wing;  it did not have access to the bar area and had its own toilets.

The Club was in the process of employing a new Bar Supervisor (Bar Manager). The new person would be in place as soon as possible to allow the Club licensable activities to operate in accordance to licensing regulations. The Club anticipated holding about 3 events a month. The hall capacity under the original Club Certificate was 100 persons and the Club would like to increase the number to 180 persons.

The Applicants mentioned that the Club was aware that soundproofing was required and that the Club would look into this. Also, the Club would place appropriate signage to remind all persons to leave the premises quietly.

The type of  membership, the events to be held, and how the bookings would be made, were discussed and also the number of car parking spaces. The applicants mentioned that the Club intended to keep a record of when members booked events and to monitor the type of event being booked, and how each was managed. A member of the Licensing Sub-Committee asked about the number of car parking spaces. The Licensing Sub-Committee was informed that there were 24 spaces. Questions around the CCTV in and around the Club premises were also discussed.

The Licensing Manager reminded the Applicant to consider the application within the requirements of a Club Premises Certificate, rather than a nightclub or public house licence. It was important that the distinction between the two was clearly noted.  Where the Club’s activities intensified, (or where the Club outgrew its Premises Certificate), the Club would need to consider a full Premises Licence.

2. REPRESENTATIONS IN SUPPORT AND IN OBJECTION TO THE APPLICATION

There was one resident in support of the application and 14 residents who objected. Oral representations were received from the Applicants. It was noted that some of the objections were not for the entire application. There were aspects of the application which some objectors indicated to be in support of.  Support had been expressed for the nursery school, the engagement with the community, the exercising facilities, the proposed extension of time, the indoor sporting, and  performance of dance. Councillor Brock submitted his written representations on behalf of the residents. Part of that written representation included Councillor Brock’s views. The Licensing Sub-Committee followed the licensing guidance when considering those representations on behalf of the residents (and indeed for all the representations as a whole). The main concerns were on the extended hours which potentially intensified the noise nuisance factor and may have the potential for increasing antisocial behaviour within the residential area.

3. THE LICENCE

The original Premises Licence was noted in the application pack  Appendix 2 ( pages 30 to 39).  Details of the application and its changes are noted in Appendix1  in (pages 9  - 29) and the proposed  variation is  on page 5.  The application bundle is found in the following Link: https://cds.bromley.gov.uk/documents/s50111435/Ctte%20Report%20Wickham%20Park%20Sports%20Club%20-%20amended%20date.pdfPlease see the table below showing a summary of the application; the  Licensable Activities , the current hours and the proposed hours.

4. THE VARIATION

The Licensing Sub-Committee, having considered the application, decided to vary the Club Premises Certificate. The conditions agreed between the Metropolitan Police and the applicant, were amended (please see below). The varied licensable activities and the new hours are shown in the table below.The Applicants agreed to provide the revised Club Rules which would be attached to the Premises Club Certificate by the end of January 2024.

The agreed police conditions are found in the application bundle  Appendix 4 Additional Conditions Agreed with the Police pages 49 to 51 refer to the following Link:https://cds.bromley.gov.uk/documents/s50111435/Ctte%20Report%20Wickham%20Park%20Sports%20Club%20-%20amended%20date.pdf 

Conditions 1,3,8,10 and 15  were amended as follows:

Condition 1:  At the Hearing the Applicant agreed to ensure that the approved CCTV system provided covererage of an additional area, namely, the car park area of the premises. The amended condition incorporated the car parking area as follows:

The Revised Condition 1: ‘The Premises has an approved CCTV system which is regularily maintained by NSI NACOSS Gold Standard/AIB registered installer subject to a maintenance contract. The system will always be fully operational, as stipulated /recommended by the installer. The CCTV system should cover the interior and exterior areas of the premises including the car park area and the driveway.

Condition 3, was amended by removing the words ‘Personal Licence Holder’ and inserting the words ‘Bar Manager’ (Bar Supervisor). The amended Paragraph 3 reads as  follows:‘Ensure that a Bar Manager is on the premises at all times whilst licensing activity is taking place’.

Condition 8, The words ‘large number of persons’ was amended to read ‘ more than 20 persons’. The amended paragraph reads as follows: ‘Where the premises is being used for a pre-booked event/function/celebration, or there are more than 20 persons anticipated in attendance at the venue, then a risk assessment be carried out by the management prior to the commencement date’.

Condition 10, reads: ‘The garden/patio areas of the premises shall not be used after 22:00 hrs on any day, with no regulated entertainment taking pace in outside spaces. The amendment adds the following to that condition: ‘no alcohol is allowed outside the premises after 21:00 hrs’.

Condition 15: The Licensing Sub-Committee deleted the original agreed Condition 15 which was submitted in the application pack ‘Alcohol sales shall cease approximately 30 minutes prior to closing to allow for drinking up time’ that condition most likely was added in error. That condition was not applicable to Club Premises Certificates.

The Licensing Sub-Committee decided to delete that original condition and to insert a new Condition 15 instead, which reads as follows: ‘Club Staff at the premises shall effectively supervise the Club egress at the end of each evening, to ensure there is minimal disturbance at the Club. 

Narrative: In addition, the applicant in good faith agreed at the Hearing to provide the Council details of the revised Club Rules which will incorporate suggestions raised by the Council’s Licensing Manager, notably how Club members’ limitation of visitors by the end of January 2024.

The new hours are as follows:

5. THE DECISION

The Licensing Sub-Committee decidedto grant the application to vary the above Premises Club Certificate  subject to the amendments made at the hearing.

a)  The Licensing Sub-Committee considered all the licensing objectives, the relevant licensing policies and guidelines relating to the application. The Licensing Sub-Committee considered the application as a whole, both the written and oral representations, and all the steps which the applicant(s) intended to take to promote the licensing objectives. 

b)  The relevant Licensing Act 2003 (as amended) provided for a review process applicable to any licensable premises and, may be utilised whenever appropriate.

The Sub-Committee believed that the above mentioned reasons and conditions attached to the Club Premises Certificate  were necessary, in order to uphold the licensing objectives.  In conclusion, the Licensing Sub-Committee, in line with the relevant policies and guidelines, decided that; the above variation for a Premises Club Certificate to be granted subject to the amendments at the Licensing Sub-Committee Hearing and as noted in the above full decision.

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