The notice is attached below.
FOR CHAIR AND MEMBERS OF THE LICENSING SUB COMMITTEE 28 JULY 2015
APPENDIX 1
APPLICATION FOR PREMISES LICENCE
Applicant VUE ENTERTAINMENT LTD Ref No: DL15/00879/PREMIS
Premises: VUE CINEMA, FEETHAMS LEISURE, FEETHAMS LANE DARLINGTON, DL1 4QT
Requested Licensable Activities Requested Hours
Sale of alcohol (Indoors & Outdoors)
(for consumption ON the premises)
08:00 hrs to 02:30 hrs Every day
Plays, Live Music, Recorded Music,
08:00 hrs to 03:00 hours Every Day
24 hrs Every Day
Late Night Refreshment: 23:00 hrs to 05:00 hrs Every Day
Premises Opening Hours 24 hrs Every Day
Non-standard/seasonal timings:
Sale of Alcohol, Plays, Live Music, Recorded Music, Performance of Dance and Late Night
An additional hour on the day that British Summertime commences.
From the end of permitted hours in New Year’s Eve to the start of permitted hours on New Year’s Day
Notification to Responsible Authorities/Interested Parties:
The Applicant Company has served notice of this application to the following:
Chief Constable: Director of Public Health
Chief Fire Officer Trading Standards
Planning Manager Local Safeguarding Children Board
Environmental Health (Public Safety and Public Nuisance)
Advertisement in The Advertiser: 12 June 2015
Information on Council’s web site: 3 June 2015
The Licensing Act 2003 requires the Licensing Authority to carry out its functions with a view to promoting the four Licensing Objectives:
The Prevention of Crime and Disorder
The Prevention of Public Nuisance
The Protection of Children from Harm
The Licensing Authority must also have regard to its Licensing Policy and any guidance issued by the Secretary of State. The Licensing Authority may depart from its own Policy or the Secretary of State’s Guidance if it has good cause but must be able to give full reasons for such a departure.
DESCRIPTION OF PREMISES
The Applicant has described the premises as a nine screen multiplex cinema within a mixed-use development. The Applicant operates in excess of 70 cinemas throughout England, Wales and Scotland all of which are licensed for the sale of alcohol as well as the primary activity of showing films.
The sale of alcohol and the provision of regulated entertainment other than the showing of films will be ancillary to the use of the premises as a cinema.
The premises are currently in the process of being constructed as part of a state-of-the-art leisure complex on the former bus depot site and will comprise of a nine screen multiplex cinema, and an 80 bedroom hotel, there will also be a number of restaurants and bars with 80 car parking spaces. Members will be aware that opposite the proposed development, a 650 car parking space multi-story car park is currently under construction.
On 3 June 2015, an application was properly made for a premises licence in respect of Vue Cinema in accordance with Section 17 of the Licensing Act 2003. As a result, representations have been received from 3 Other Persons in respect of the prevention of public nuisance and the prevention of crime and disorder. The representations have been summarised below and are reproduced in full at Appendix 1A to this report.
WHERE REPRESENTATIONS ARE MADE
Where a representation concerning the licensing objectives is made by a Responsible Authority or an Other Person and it is relevant the licensing authority’s discretion will be engaged provided the representation is not frivolous or vexatious.
A representation is “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives.
Licensing Act Sub Committee 28 July 2015
Application for Grant of Premises Licence
The Secretary of State’s revised guidance under Section 182 (March 2015) states “It is recommended that, in borderline cases, the benefit of the doubt about any aspect of a representation should be given to the person making that representation. The subsequent hearing would then provide an opportunity for the person or body making the representation to amplify and clarify it.”
On 30 June 2015, a representation was received from Mr Stephen Twist, President of the South Terrace Residents Group, based on the prevention of public nuisance and prevention of crime and disorder. In summary, Mr Twist is concerned about the duration of the premise opening hours, which, he feels, will result in localised disturbance and noise disturbance to local residents. (Appendix 1A (i))
On 1 July 2015, a representation was received from Dr L R King based on the prevention of public nuisance. In summary, he is concerned that the duration of the premises opening hours and the possible impact on local residents particularly in relation to visitors to the site using Victoria Embankment for parking (Appendix 1A (ii))
On 1 July 2015, a representation was received from Ms Sarah Hutchinson based on the prevention of public nuisance. In summary, she is concerned that the limited number of on-site car parking spaces will lead to visitors to the premises using local roads to park their cars, which may lead to noise nuisance from customers leaving the cinema in the early hours of the morning. (Appendix 1A (iii))
THE APPLICANT’S RESPONSE
The representations have been sent to the Applicant Company’s legal representative to provide them with an opportunity to respond to the concerns expressed.
THE OPERATING SCHEDULE
In the section of the application dealing with the operating schedule, i.e. the additional steps that will be taken to promote the four licensing objectives if this application is granted, the Applicant Company has stated the following:
1. A tamper proof CCTV system shall be installed, maintained and operated in the premises in liaison with and to the satisfaction of the police and shall be used to record during all hours the premises are open to the public.
2. Notices stating that CCTV is in operation will be displayed throughout the venue.
3. Sale of alcohol will cease at 02:30 or 30 minutes before the end of the last film showing at the premises whichever is the earlier.
4. Each auditoria is visited by a member of staff during film showings to monitor screens and the behaviour of customers. These staff are issued with night vision goggles or equivalent.
5. The occupancy capacity of the premises shall be identified by way of a Risk
6. All staff shall receive training in emergency evacuation procedures
7. The premises shall operate a proof of age scheme and Challenge 25 policy.
Notices setting out this policy shall be displayed within the premises.
8. All staff involved in the sale of alcohol shall be properly trained (as per the premises licence holders own training programme) and retrained every 6 months.
Members are aware that the operating schedule can be turned into conditions to be placed on any grant of licence. Members are also aware that all conditions should be clear, unambiguous and enforceable.
THE AGREED CONDITIONS
Following discussions with the Applicant Company, the conditions below have been agreed and now form part of the Operating Schedule. The revised Operating Schedule is shown below and the amendments are highlighted in bold.
1. A tamper proof CCTV system shall be installed, maintained and operated in the premises in liaison with and to the satisfaction of the police and shall be used to record during all hours the premises are open to the public.
2. Notices stating that CCTV is in operation will be displayed throughout the venue.
3. Sale of alcohol will cease at 02:30 or 30 minutes before the end of the last film showing at the premises whichever is the earlier.
4. Each auditoria is visited by a member of staff during film showings to monitor screens and the behaviour of customers. These staff are issued with night vision goggles or equivalent.
5. The occupancy capacity of the premises shall be identified by way of a Risk
6. All staff shall receive training in emergency evacuation procedures
7. The premises shall operate a proof of age scheme and Challenge 25 policy.
Notices setting out this policy shall be displayed within the premises.
8. All staff involved in the sale of alcohol shall be properly trained (as per the premises licence holders own training programme) and retrained every 6 months. Training records to be available to the police or local authority on request.
9. An alcohol refusal register will be maintained and available for inspection at the request of the police or local authority.
10. Alcohol shall only be sold to persons who have been granted admittance to the premises by way of a purchase ticket, who admittance has been paid for, or to employees or bona fide guests of Vue Entertainment Limited.
Members are referred to the following relevant sections of the Council’s Licensing Policy which are reproduced at Appendix 1B
Section 6.1 – 6.3 Public Nuisance Impact of Licensable Activities
Section 8.3 – 8.6.1 Public Nuisance Location and Impact of Activity
Section 11.5.1 Film Exhibitions
Members are referred to the Secretary of State’s Guidance in relation to the prevention of public nuisance. This is reproduced at Appendix 1C.
ADDITIONAL INFORMATION
Copies of the plans will be made available at the hearing for Members’ consideration.
POINTS FOR CLARIFICATION
Members are referred to the notice of hearing points for clarification (See Appendix 2).
The Other Persons have been asked to provide the following:
Details of past problems experienced in the vicinity
The Applicant Company has been asked to provide the following:
Details of the steps to be taken to ensure patrons do not cause problems to nearby local residents due to the lack of significant provision for on-site parking.
Members may consider the following options:
1. Grant the application subject to the mandatory licence conditions and those converted from the applicants Operating Schedule.
2. Grant the application as above and place additional conditions on the licence that Members consider are necessary to address any concerns relating to crime and disorder, public nuisance, public safety and protection of children from harm.
3. Grant the application as above and exclude from the scope of the licence any of the licensable activities to which the application relates;
Members are reminded that any aggrieved party (ie Applicant Company, Responsible Authority or Other Person) may appeal any decision of the Licensing Sub Committee to the Magistrates’ Courts.
Contact Officer: Julie Richings
Ian Williams
Director of Economic Growth
APPENDIX 1A
REPRESENTATIONS IN RESPECT OF APPLICATION
Appendix 1A (i)
Representor: Stephen Twist
Comments: Based on the Prevention of Public Nuisance
The South Terrace Residents' Group is aware of this application, and as president of the group, I have been asked to respond on their behalf.
Darlington Council website is unhelpful as to how our objections can be recorded. We anticipate that this is not a Planning matter, but hope that you can forward our comments to the relevant department at the Town Hall. The 'no later than' date for receipt of objections is 1 July 2015.
The residents of South Terrace have the following concerns in relation to the applications by Vue Entertainments Limited, for Vue Cinema Feethams:
1. The duration of the performance licence: we feel that 0300 hrs is too late and will result in localised disturbance and traffic noise whilst residents are
2. The duration of the alcohol sale licence: we feel that 0230 hrs is too late, and will result in a late night influx of customers, with attendant issues relating to alcohol and public order. It is of note that the council do not permit sales as late as this at other venues for good reason.
3. The late night refreshment licence: we cannot see justification for 0500 hrs, and consider that this will result in localised noise disturbance and traffic noise whilst residents are sleeping.
- existing residents' right to undisturbed environment and a night's sleep has priority over late night operations;
- performances should terminate no later than 0100 hrs - which will give sufficient opportunity for Vue Entertainment Ltd to screen late night films;
- the sale of alcohol should not extend beyond 1200 hrs midnight, save within the cinema bar and auditorium during late night screening, where sales could continue until 0100 hrs;
- late night refreshment licence should be limited to 0200 hrs for venues within the semi-enclosed concourse only.
Some residents have expressed concerns in relation to the times suggested above, and would prefer earlier cessation. That which appears above not local consensus, but is proposed by the group as a reasonable compromise.
For the benefit of the licencing committee, it should be recorded that the South Terrace Residents' Group, is a long standing group comprising 43 households - 100% of currently occupied homes in South Terrace and Pease Cottages, DL1 5JA.
Please confirm receipt of this objection by email.
Appendix 1A (ii)
Representor: Dr. Leslie King
Comments: Based on the Prevention of Public Nuisance.
I am writing to formally object to the proposed 24 hour showing of films, and late night licensing of performances, sale of alcohol, and sale of refreshments at the Vue, Feethams, development, described as follows on a notice posted at the site:
"The proposed licensable activities and their hours are :to permit the performance of plays, live music, recorded music and performance of dance from 0800 until 0300 each day; to permit the sale of alcohol from 0800 to 0230 each day; the showing of films and opening hours 24 hours each day and late night refreshment from 2300 to
I cannot understand how the Council can be giving serious consideration to an application that would, if approved, result in serious and potentially continuous disruption to residents living in a large section of this part of the town. For Sunday to Friday a reasonable time for the sale of alcohol to stop each day would be 11.30pm, with all commercial activity on the
site ending no later than 12 midnight. On Saturdays a one hour extension of these times, to 1.00am and 12.30am respectively, would be acceptable.
The extent of disruption to local residents will be increased if customers of the 'Vue' development are allowed to park their cars in residents streets in the neighbourhood. To minimise this impact, no on-street parking by non-residents (other than residents' visitors) should be allowed. Before the 'Vue' development begins commercial activity, the residents
parking scheme for the area between, and including, Victoria Embankment and Clifton Road should be amended to be residents-only for both side of all roads 24 hours per day. I facility should be introduced whereby each household is provided with an agreed number of visitors' tickets per year free of charge, with the option to purchase additional tickets. These should also be valid and required 24 hours per day, each and every day of the year. While this scheme needs to be activated and managed by Darlington Council, it should be a condition of the licensing approval that commercial activity on the 'Vue' site shall not begin until such a scheme is in place.
Would you please confirm that you have received this email prior to the closing time for objections to be submitted, and that its contents will be fully considered prior to a decision being made with regard to the 'Vue' development application.
Appendix 1A (iii)
Representor: Sarah Hutchinson
Comments: Based on the Prevention of Public Nuisance
While the letter has the support of 43 households through the residents group, as a resident of 4 South Terrace I would like to add my express support to the letter of objection below from Mr Stephen Twist on behalf of the residents group.
It is to be noted that nearby residents would be likely to have their lives significantly disrupted by the proposals having regard to the need for uninterrupted sleep for all residents but in particular such disruption will affect residents ability to work and the ability
The issue is exacerbated by the lack of significant on site car parking on the complex and the nearby car parking available both on South Terrace and Victoria Embankment whereby departures through the night may be a significant likelihood and disruptive to a significant group of residents.
The road is extremely quiet at night and noise of customers departing the cinema especially where parked on the street would be a very likely cause to wake residents with bedrooms to the front of the houses, which given the layout of the houses is where the main bedrooms face, and in our case the nursery.
