LICENSING SUB COMMITTEE 22ND SEPTEMBER, 2005 Minutes of the meeting Licensing Sub Committee of Flintshire County Council held on Thursday, 22nd September, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A. Sharps (Chairman) Councillors A.G. Diskin and D. Wisinger. OFFICERS OF FLINTSHIRE COUNTY COUNCIL County Secretary, Licensing Manager and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES Sgt. Colin Jones, North Wales Police. APPLICANT/AGENTS Mr. John Gregory (Keene & Kelly Solicitors), Mr. Revell, Licensee. 1. DECLARATIONS OF INTEREST There were no declarations of interest. 2. INTERESTED PARTIES None were present. 3. 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 Blossoms Inn, Bagillt. 4. THE APPLICATION – The Blossoms Inn, Bagillt An application for a Premises Licence was made by Keene & Kelly Solicitors on behalf of the leaseholder. The premises was described as a public house with a bar area and a separate restaurant area. The premises currently operated to the standard hours of 11.00 am to 11.00 pm Monday to Saturday and noon to 10.30 pm on a Sunday. The playing of recorded music or entertainment by a single performer or two performers together was permitted under the Licensing Act 1964 Section 182 dispensation. The proposed hours of sale of alcohol were:- Monday to Saturday - 11.00 am to 01.00 am the following morning Sunday - Noon to midnight The premises would close 30 minutes later. Live music, recorded music and dancing are applied for as follows:- Monday to Saturday - 7.00 pm to midnight Sunday - 7.00 pm to 11.00 pm 5. BACKGROUND The application was advertised. 6. PROMOTION OF THE LICENSING OBJECTIVES The existing steps taken will be continued and these were identified in Appendix 1 to the report. 7. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES Representations had been made by North Wales Police and these were attached as Appendix 2 to the report. Also attached was a copy of a letter received from the Manager of the premises confirming acceptance of the Police proposals and this was attached as Appendix 3 to the report. 8. REPRESENTATIONS BY INTERESTED PARTY Representations from persons living in the vicinity were received and were attached as Appendix 4 to the report. 9. NOTICES AND SUPPORTIVE DOCUMENTS The Licensing Officer confirmed that all the relevant Notices and supporting documents had been issued. 10. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure:- (a) The applicants confirmed that they had no additional information to submit. (b) The representative of the North Wales Police indicated that he had no additional information to submit. (c) The representatives of the interested parties confirmed that they had no additional information to submit. (d) All parties requested the opportunity to cross examine if necessary. The Sub Committee agreed to the request from the parties to cross examine. 11. HEARING AND DETERMINATION OF THE APPLICATION The Chair advised that the Sub Committee would proceed to hear and determine the application by reference to the four licensing objectives and that each party would be granted up to twenty minutes to exercise their rights. 12. 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. He confirmed that there was not. 13. PRESENTATION BY THE APPLICANT The Chairman invited the applicant to present the application. Mr. J. Gregory of Keene & Kelly presented the case. Mr. Gregory opened the presentation by confirming that his client fully accepted the Police recommendations regarding the opening hours of the premises. In this respect he fully detailed the hours now requested by his client. He made particular reference to the fact that the applicant had applied for twenty four hours on New Year’s Day but was more than willing to abide by the decision of the Committee with regard to that request. Mr. Gregory referred in particular to the letters from interested parties regarding their concern at the request for the lateness of hours. He indicated that there was only a slight increase in those currently operating at the premises and, with regard to the noise, the premises were double glazed and any music played was subjected to a cut-off system if the noise exceeded a certain level. He acknowledged that the reference in one of the letters to a taxi making a noise by sounding its horn late at night could have been consistent with a member of staff leaving the premises and although this was an isolated incident it was difficult for the licensee to have any control over the behaviour of taxi drivers. He also referred to the comment regarding cars parked on the highway and suggested that this did not create a problem in view of the width of the road in this area. He also referred to a comment by one of the other interested parties regarding the level of entertainment and he confirmed that it was by no means the intention to have entertainment on seven days per week. 14. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES North Wales Police Sgt. Colin Jones was grateful to the applicant for the acceptance in full of his recommendations on opening hours. He clarified on the reasons why he had made those suggestions taking into account the needs of local residents. The Chairman also commented that he was pleased that agreement had been reached with the Police regarding these hours and suggested to the applicants there may be benefit in meeting with the objectors on an informal basis to foster good neighbour relations. The County Secretary also sought confirmation that the applicant was happy for noise limiters to be included as a condition of the application and Mr. Gregory confirmed that this was the case. 15. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, County Secretary and Clerk. 16. DECISION The Sub Committee agreed that the application for the licence as amended be granted subject to the conditions as follows:- (1) Supply of Alcohol Sunday - Noon to midnight Monday to Thursday - 11.00 am to midnight Friday and Saturday - 11.00 am to 01.00 am the following morning New Year’s Eve - 11.00 am to 02.00 am the following morning (2) Closing Hours Sunday - Noon to 12.30 am the following morning Monday to Thursday - 11.00 am to 12.30 am the following morning Friday and Saturday - 11.00 am to 01.30 am the following morning New Year’s Eve - 11.00 am to 02.30 am the following morning (3) Regulated Entertainment Finishing Time Sunday - 11.00 pm Monday to Thursday - 11.30 pm Friday and Saturday - 12.30 am the following morning New Year’s Eve - 01.30 am the following morning A suitable noise limiting device shall be used to control entertainment noise at source. Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties. (4) Refuse The placing of refuse, such as bottles, into receptacles outside the premises shall take place at times that will minimise the disturbance to nearby properties. (5) Notices Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly. 17. REASONS 1. The location and size of the premises. 2. Agreement reached with North Wales Police regarding the operational hours. Approved Date- 804 -
