The Chairman requested those present to introduce themselves, explained the procedures and Members confirmed that they had read all the papers.

As no objectors were present, Mrs Bolas explained to Members that under Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005 if a party has not informed whether they are attending or not and does not attend, Members can decide to either adjourn the hearing where they consider it to be necessary in the public interest or continue with the hearing in the party’s absence.  If a decision is taken to continue, consideration must be given to the written objections received.  Members decided to continue with the hearing.

Mrs Bolas explained that the hearing was regarding an application for a new premises licence for part of Valley Park School, as shown on page 33 of the Agenda.  Members were informed that due to provisions of the Live Music Act  and The Licensing Act (Descriptions of Entertainment) (Amendment) Order 2013 coming into force the day before, some of the items listed on the licence application no longer required licensing at the times applied for if the audiences are below a set size. 

One representation from another person had been received and there had been no representations from responsible authorities.

Dr Brian White, representing the applicant, stated that the application is almost identical to one also submitted for Invicta Grammar School which had received no representations and had been granted.  Addressing the issues raised by the objector, Dr White stated that they currently have 215 parking spaces and more will be available following completion of some current building work.  The main hall hold about 300 seated people and the other room 150, but they would not be in use at the same time.  Most people walk or come as families in 1 car.  The school do not allow students to park on the site.

Dr White stated that it was inconceivable that a school would allow underage students to consume alcohol and the statutory consultees had not raised any objection.  The alcohol would be for sale to parents at a show or something similar.  He stated that they would not be doing anything different to what they are now doing, therefore he did not think noise was an issue and they had never received any complaints.

Members were then given the opportunity to ask questions.  In response to questions, Dr White stated that they do not currently advertise events, that the road in which the objector lived was actually closer to Invicta Grammar School than Valley Park School and that the hold about 6 major school performances per year, around 2 on site for 3 – 4 nights.

There were no questions of clarification.

Dr White was then given the opportunity to give a closing speech and he stated that they were only seeking to formalise things to ensure they are within the legislation

Members had no further questions.

The Committee then retired to consider the application and

RESOLVED: That the application be granted.

Reasons for determination:

  Prevention of nuisance
Reasons (state in full):

  Protection of children from harm
Reasons (state in full):

Having considered the application, oral evidence of Dr White for the applicant and the letter from Mrs Peace, local resident, dated 20 May 2013, Members of the Sub Committee decided to grant the premises licence in the terms applied for.

They had regard to the fact that there were no other representations from other persons or responsible authorities.  They noted that the capacity for the main rooms to be used is 300 and 150 respectively and that these would not be used together, meaning that many events, during the hours concerned would not require a licence.  They were satisfied that the mandatory conditions and those consistent with the operating schedule would be sufficient to promote the licensing objectives of prevention of public nuisance and protection of children from harm, no further conditions were felt to be appropriate or proportionate.

There was no evidence which persuaded Members of the likelihood of underage drinking taking place at proposed events or alcohol being obtained by under 18s.  Underage sales at other premises are dealt with in relation to the premises involved.  Parking on site is currently 215 places and was considered sufficient to prevent any public nuisance arising from parking elsewhere.  There was also no evidence that noise from indoor events at the proposed times would give rise to public nuisance.