LICENSING SUB COMMITTEE 15TH SEPTEMBER, 2005 Minutes of the meeting Licensing Sub Committee of Flintshire County Council held on Thursday, 15th September, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A. Sharps (Chairman) Councillors S. R. Baker and A.G. Diskin. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Assistant County Secretary, Licensing Manager and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES Sgt. Colin Jones - North Wales Police. APPLICANT/AGENTS Mr. Richard Bourne, Famous Inns Holdings Limited and Mr. G. Chadwick, Licensee. 1. DECLARATIONS OF INTEREST None were received. 2. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Sub Committee considered the report of the Director of Environment & Regeneration which was presented by the Licensing Manager in respect of an application for a premises license for The Royal Oak, Caerwys. 3. THE APPLICATION – The Royal Oak, Caerwys An application for a Premises Licence (conversion and variation) was submitted by PCB Solicitors on behalf of Famous Inns Holdings Limited. The premises was described as a traditional detached village pub with a small area to sit out and car park in a mixed use area trade. The trade was local. Most people walked to the pub. The current operating hours were the standard ones i.e. 11.00 a.m. to 11.00 p.m. Monday to Saturday and noon to 10.30 on a Sunday. The premises could have recorded music or live music by a single performer or two performers together in line with the Section 182 dispensation in the Licensing Act 1964. The proposed hours for supply of alcohol were as follows:- Sunday to Wednesday - 10.00 am – midnight Thursday - 10.00 am to 1.00 am the following morning Friday and Saturday - 10.00 am to 02.00 am the following morning An additional hour was proposed over Bank Holidays and on Saints Days, Halloween and Bonfire Night. An additional two hours on Christmas Eve and New Year’s Day. Non standard timings were proposed for recognised televised international sporting events. The proposed closing time is one hour after the above times. Live music in the form of small bands, duos and karaoke was proposed indoors between 10.00 am and midnight. The licensee was Mr. Garry Chadwick. 4. Admittance No customers shall be admitted after midnight. 4. BACKGROUND The application had been advertised and representations had been received from the North Wales Police, which were shown at Appendix 2 and from interested parties, which were shown at Appendix 4. 5. Notices Prominent, clear and legible notices shall be displayed at exits requesting customers to respect the needs of local residents and to leave the premises and area quietly. 5. PROMOTION OF THE LICENSING OBJECTIVES Additional steps proposed by the Company were shown as Appendix 1 to the report. 6. Seasonal Variations An additional hour is granted to supply of alcohol and provision of regulated entertainment on the following dates (closing time 30 minutes after):- Burns Night Valentines Day St. David’s Day St. Andrew’s Day St. Patrick’s Day St. George’s Day Maundy Thursday Good Friday Easter Saturday Easter Sunday Easter Monday Friday, Saturday and Sunday immediately preceding May Day Bank Holiday May Day Bank Holiday Friday, Saturday and Sunday immediately preceding Whitsun Bank Holiday Whitsun Bank Holiday Friday, Saturday and Sunday immediately preceding August Bank Holiday August Bank Holiday Halloween 5th November Christmas Day An additional two hours on Christmas Eve and New Year’s Day New Year’s Eve – 10.00 am to 10.00 am on New Year’s Day 6. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure:- (a) The applicant confirmed that they had no additional information to provide. (b) The interested parties confirmed that they had no additional information to provide. (c) All parties requested the opportunity to cross-examine if necessary. 7. HEARING AND DETERMINATION OF THE APPLICATION The Chairman advised that the Sub Committee would proceed to hear and determine the application by reference to the four Licensing Objectives. 8. FURTHER INFORMATION The Chairman asked the Licensing Officer to confirm whether or not there was anything further to add to the papers in front of the Sub Committee. The Licensing Manager confirmed that there was not. 9. PRESENTATION BY THE APPLICANT The Chairman invited the applicant to present the application. In presenting the application Mr. Bourne referred to the Government’s initiative to liberalise the licensing system. He explained that with regard to this premises they were happy with the existing arrangements. However, in view of the change in legislation it was considered appropriate to submit an application for an extension of hours. He explained that his family run business operated a number of premises and all applications were made on the same basis. However, after speaking to the North Wales Police he was happy to amend the application in line with their recommendations. Mr. Bourne also indicated that even if the Committee did allow the extension of hours, it would not necessarily mean that the premises would be open on all the occasions to the limit of those hours. The entertainment in the premises was limited, and then only on Saturdays and not a regular occurrence. He was not aware of any problems outside the premises and commented that the licensee was a resident of the village. He also commented that he was aware of the stringent powers the Police had as a result of new licensing legislation. 10. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES (a) North Wales Police Sgt. Colin Jones indicated that he had been in discussion with the Solicitors representing Mr. Bourne and expanded upon the reasons for his recommendation of a reduction in the hours requested in the application. In making his comments he indicated that he had taken into account the Government policies relevant to such issues together with the four Licensing Objectives. However, he was also aware of the large number of residential properties in the immediate vicinity of the premises. It was confirmed that a reply had been received confirming the company were happy to accept the hours recommended by the Police but requested sixty minutes closing time after the supply of alcohol had ceased. The applicant was also prepared to not allow entry to the premises after midnight. Sgt. Jones also referred to the reference in the application to non standard timings proposed for recognised televised international sporting events. However, he felt that these would be better dealt with by Temporary Event Notices. Following a question from Councillor S.R. Baker, Sgt. Colin Jones advised of the procedure undertaken if the Police were not happy with a request for a Temporary Event Notice. Councillor Diskin enquired if there was any record of disturbance at the premises and Sgt. Jones confirmed that there was not. Following a question from the Chairman the Licensee confirmed that they did not have problems with taxis making a noise after hours because the vast majority of the customers were local who walked to and from the premises. Sgt. Jones confirmed that he would agree to sixty minutes drinking up time after the supply of alcohol had ceased. 11. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked that all leave with the exception of the Committee Members, Assistant County Secretary and Clerk. 12. DECISION All parties were invited to return The Sub Committee agreed the following conditions:- 1. Supply of Alcohol Sunday to Thursday - 10.00 am to midnight Friday and Saturdays - 10.00 am to 12.30 am the following morning 2. Regulated Entertainment Monday to Sunday - 10.00 am to midnight 3. Closing Time One hour after the above times. 13. REASONS In the interests of the prevention of public nuisance in view of the proximity of residential dwellings Approved DateF. LSC-15.09.05 (Royal Oak, Caerwys) - 775 -
