Agenda and draft minutes

To receive any apologies for absence.

There were no apologies for absence.

To determine any other items of business which the Chair decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972.

There was no urgent business.

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

There was no declarations of interest.

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The Chair welcomed everyone to the meeting and declared that the Sub-Committee was sitting to consider an application for a premises licence for ‘The Encore’, 105 Norfolk Street, King’s Lynn, Norfolk, PE30 1AQ.

The Chair introduced the Sub-Committee, the Borough Council officers and the Legal Advisor and explained their roles.

The Applicant introduced themselves.

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At the request of the Chair, the Legal Advisor outlined the procedure which would be followed at the Hearing.

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At the request of the Chair, the Licensing Services Manager presented the report as included in the Agenda.  The Applicant asked no questions.

In response to a question from Councillor Moriarty, the Licensing Services Manager confirmed that many premises on Norfolk Street operate with music until 3am or 4am.

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The Applicant presented their case and outlined their vision to create a premium, calm and inclusive venue distinct from a nightclub, aimed at a mature audience and centred on live music from local and visiting artists.

The Applicant highlighted to the Sub-Committee their combined 47 years of experience in managing licensed venues and confirmed they had worked closely with the Planning, Licensing and Community Safety Neighbourhood Nuisance departments and that no objections had been raised by responsible authorities.

The Applicant referred to the objection raised from Mr Chilvers and stated that the proposed hours of 12 midday to 2am were reasonable and consistent with neighbouring venues, whereas the suggested hours of 11am to 11pm would have threatened business viability.

The Sub-Committee were informed that an independent acoustic report confirmed that they were compliant with NR20 standards and that the Applicants had implemented all recommendations including secondary glazing, sealing gaps, inward-facing stage layout, upgraded fire doors and professional security.

The Applicant highlighted that the tenants of the neighbouring property had expressed full support.

The Applicant emphasised that The Encore intended to operate responsibly, had taken all reasonable measures to manage noise and that a lobby was unnecessary given compliance with NR20 standards.

In response to questions from the Licensing Services Manager, the Applicant explained that the venue intended to operate as a place for people to sit and enjoy live music, rather than as a bar where there was a constant flow of customers in and out, and this would be supported by educating and building a consistent reputation with customers.  The Applicant further explained that if it was conditioned, an SIA registered door staff member would be present during all live music events from 9pm until 15 minutes after close. 

The Licensing Services Manager asked if the 91-decibel limit would be included in the noise management plan.  The Applicant confirmed it would, explaining that staff were trained to manage sound and that all performers would be monitored to ensure volume levels were controlled.

In response to questions from Councillor Moriarty, the Applicant explained entry to the building would be controlled through instructions to the SIA registered door staff member and added that live performances would be limited to individual songs of three to four minutes rather than extended sets which was considered sufficient to allow customers to leave in an orderly manner whilst remaining compliant with NR20 standards.  The Applicant confirmed that performances would consist of acoustic acts, duos or soloists and that bands (i.e. louder groups) were not suitable for the premises and were not part of the business model or theme.

Councillor Moriarty asked for clarification on the location of the CCTV and the Applicant highlighted where CCTV had been installed.

Councillor Moriarty queried the dotted lines shown on page 7 of the audio report.  The Applicant explained that they represented RSJs which supported the upper floors.

In response to a further question from Councillor Moriarty, the  ...  view the full minutes text for item 7.

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The Licensing Services Manager summed up the case and reminded the Sub-Committee that they should consider all of the information included in the Agenda and put forward at the hearing and dispose of the matter using one of the methods as set out in the report.

The Applicant had nothing further to add.

The Legal Advisor advised that there were no outstanding matters.

The Chair explained that the Sub-Committee would retire to make their decision in private, accompanied by the Democratic Services Officer for administrative purposes and the Legal Advisor for specific points of law and procedure.

The Chair called all parties back into the room and the decision was read out.  A hard copy of the decision notice was handed to the Applicant.