The Licensing (Premises) Sub-Committee met to review the premises licence for The Bricklayers Arms, following an application from Buckinghamshire Council's Environmental Protection Team. After hearing detailed arguments, the sub-committee decided to modify the licence with additional conditions to prevent public nuisance. These modifications included keeping noise from regulated entertainment at background level, closing external doors and windows after 11pm, and operating in accordance with a Noise Management Plan.

The Bricklayers Arms Licence Review

The sub-committee considered an application to review the premises licence for The Bricklayers Arms, located at 19 Walton Terrace, Aylesbury, Buckinghamshire, HP21 7QY. The review was initiated by Buckinghamshire Council's Environmental Protection Team due to concerns about noise nuisance and failure to uphold licensing objectives.

The report presented to the sub-committee outlined the history of the premises, including previous licence variations and Temporary Event Notices. The current licence authorises the sale of alcohol, live music (both indoor and outdoor), and recorded music (both indoor and outdoor) with varying hours for each activity.

The application for review cited the prevention of public nuisance as the primary ground, stemming from noise complaints investigated by the Environmental Protection Team. The team found evidence supporting the existence of a statutory nuisance and a failure to comply with the Licensing Act 2003.

Representations

The sub-committee received 92 objections and four representations of support regarding the review application. Objections focused on the prevention of public nuisance, citing high noise levels from live bands, DJs, and karaoke, particularly during weekends. Supporters of the pub argued that the premises was well-run and an asset to the local community.

Licensing Officer's Observations

The licensing officer's observations highlighted the issues raised in the representations, particularly the prevention of public nuisance. The Environmental Health Protection Team advised revoking articles under the Live Music Act 2012 and Recorded Music Act 2014, regulating entertainment at the premises, and considering further conditions regarding regulated entertainment.

Policy Considerations

The sub-committee considered Buckinghamshire Council's Licensing Policy Statement, which emphasises the promotion of licensing objectives, including the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. The policy seeks to balance the interests of businesses and residents while ensuring high standards of management in licensed premises.

The sub-committee also considered national statutory guidance issued by the Home Office under Section 182 of the Licensing Act 2003, which provides a clear focus on promoting the four licensing objectives.

Sub-Committee Decision

The sub-committee resolved to modify the conditions of the existing premises licence, adding conditions to take effect after the appeal period.

The reasons for the panel's decision were outlined in the notification of decision:

In reaching its decision the Sub-Committee carefully considered the written representations and oral submissions from the Applicant, Interested Parties, the License Holder and the License Holder's Representative who made oral representations at the Hearing. Equal weight was given to the written representations from the Parties who made Relevant Representations but who were unable to attend the Hearing as to those in attendance.

The sub-committee accepted that breaches of the premises licence holder's duty in upholding the licensing objectives had occurred, specifically in preventing a public nuisance, and that evidence of a public nuisance had been established.

The sub-committee imposed the following additional conditions:

• In external areas, noise from regulated entertainment must be kept at background level.
• During regulated entertainment, external doors and windows must be closed after 23:00 hours, except for access and egress.
• The premises licence holder must operate in accordance with a Noise Management Plan (NMP), approved in writing by the Licensing Authority within 28 days, with regular reviews and updates.
• The premises licence holder must install sound baffling materials to the fencing facing properties on Walton Road.
• The premises licence holder must provide a dedicated contact mobile telephone number to communicate with the Duty Manager during the performance of regulated entertainment.

The sub-committee considered these conditions reasonable and proportionate, promoting the licensing objectives while balancing the rights of residents and the licence holder.

Attendees

The following people were in attendance at the meeting:

• Councillor Dean Field
• Councillor Paul Griffin
• Councillor Robin Stuchbury
• Kerryann Ashton, Licensing Officer
• Stacey Bella
• Sarah Coates
• Laura Heller
• Liz Hornby
• Alaka Thomlinson
• Jeevan Virdi
• Anisa Anwar
• Katherine Farooqi
• Stuart Goodbun, Environmental Protection Officer
• Bill Donne, Silver Fox Licensing Consultant
• Sara Hill, Designated Premises Supervisor (DPS)
• Paul Hayman, Objector

There were also three interested parties in attendance who were supporters of the licence.