| Minutes: | LICENSING SUB COMMITTEE 30TH SEPTEMBER, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Friday, 30th September, 2005. PRESENT: Councillor J. J. Griffiths (Chairman) Councillors: A. Diskin and J. F. Jones. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Assistant County Secretary, Licensing Manager and Senior Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES: Representation had been received from North Wales Police albeit no representative was present at the meeting. APPLICANTS/AGENTS: Mr and Mrs Speakman, applicants. INTERESTED PARTIES: Mrs. M. Goodrick and Mrs. M. S. DeRooy.
1. APOLOGIES None were received.
2. DECLARATIONS OF INTEREST None were received.
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 licence for the Railway Inn, Ffynnongroew.
4. THE APPLICATION – The Railway Inn, Ffynnongroew An application for a premises licence was submitted by Mr. John Stuart Speakman and Mrs Carole Kay Speakman, the licensees of the Railway Inn, Ffynnongroew. The premises were described as a small village pub at the centre of Ffynnongroew with a main bar area serving the lounge and games room. There was also a beer garden with a children’s play area at the rear and tables and chairs at the front. The premises currently operated the standard licensing hours of 11:00am to 11:00pm Monday to Saturday and Noon to 10:30pm on a Sunday. Recorded music or live entertainment by a single performer or two performers together was permitted by the Section 182 dispensation in the Licensing Act 1964. The proposed hours for supply of alcohol were:- Sunday - Noon to 11:30pm Monday to Thursday - 11:00am to 12:30am the following morning Friday and Saturday - 11:00am to 01:00am the following morning Christmas Eve - To 01:00am New Year’s Eve - Unrestricted as existing The premises would close 30 minutes later. The above times would also be for recorded music. Live music was proposed as: Sunday to Thursday - 8:00pm to 11:00pm Friday and Saturday - 8:00pm to Midnight
5. BACKGROUND The application had been advertised. There had been representations from the North Wales Police and persons living in the vicinity.
6. PROMOTION OF THE LICENSING OBJECTIVES The applicants’ proposals were attached as Appendix 1 to the report.
7. NOTICES AND SUPPORTING DOCUMENTS Representations had been made by the North Wales Police and persons living in the vicinity. These were shown as Appendix 2 and 3 to the report respectively.
8. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure:- (a) The applicant provided photographic evidence of signs erected in the premises requesting that customers respect local residents and leave the premises quietly. (b) The representatives of the interested parties indicated that they had no additional information to submit.
9. 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.
10. 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 Committee. The Licensing Manager confirmed that there was not.
11. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the application. Mr. Speakman presented the case. Mr. Speakman explained that the hours applied for would not necessarily be those operated on a regular basis but if granted, they would provide the choice of operating for longer hours on particular occasions such as birthday parties. He explained that it was the intention to have entertainment on weekends only and if a band was playing, or if a karaoke evening was being held, these would cease at a reasonable time and would not continue for the duration of the sale of alcohol. Mr Speakman felt that a reasonable time for all forms of entertainment to cease, including the jukebox was 11:00pm/11:30pm. Live music was not currently held in the premises and would not be held on a regular basis. Mr Speakman said that regarding customers leaving the premises, both he and his wife tried to ensure that they left quietly and moved away as quickly as possible. If the hours applied for were approved, this would allow for more staggered times of customers leaving the premises and possibly reduce any problems with noise. Regarding the beer garden, the application requested it for use until 10:00pm but again, this was only applied for as a fail safe for example, if there was a family outside on a warm summer night. It would not be a regular occurrence and children would be accompanied by a parent or guardian at all times. Ventilation in the premises was by way of an air filter system which operated internal ventilation. Mrs. Goodrick, who lived next door to the public house, referred to an extension taking place at the premises and asked if the new window would be part of the Lounge. Mr. Speakman confirmed it would be. Mrs. Goodrick expressed concern over this as, on a warm day, the window would be opened and any noise would project to her home. Mr. Speakman said he would ensure that the windows remained closed when entertainment was on. The exterior wall of the extension would extend no further than the original building, which used to be a garage. The garage was being knocked down and a two story construction would be in its place. The distance between the extension and Mrs. Goodrick’s property was approximately 20 feet. The Assistant County Secretary asked what steps would be taken to limit any noise from the premises and Mr. Speakman explained that windows would be closed, music could be turned down and customers would be asked to show respect to persons living in the vicinity. If a live band was playing at the premises, Mr. Speakman said he would walk around the premises to establish levels of noise and if necessary, the band would be asked to turn down the sound accordingly. The last time Karaoke was held in the premises was two years ago. Mr Speakman had not witnessed any serious fighting outside the premises but did refer to one episode where damage was done to Mrs. DeRooy’s car and he took photographs of the incident. The premises had its own car parking. However, parking was a problem throughout the village. Cars parked outside the premises were not necessarily customers of the public house but were often customers of the Chinese takeaway.
12. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES North Wales Police There were no representatives present from the Police. A letter had been submitted by Sgt. C. Jones dated 27/07/05 which said there were no objections to the times and activities requested in the application. However, they asked that a condition be placed on the licence that prominent, clear and legible notices should be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly. Again, Mr. Speakman referred to the photographic evidence of the notices now displayed around the premises.
13. REPRESENTATIONS BY INTERESTED PARTIES Mrs. Goodrick outlined her main concerns for objecting to the proposed licensing hours for the premises and stated that she represented residents of Ffynnongroew who lived near the pub and were objecting to the application. These were primarily the accusation that the licensees currently operated outside of the standard operating hours, the constant noise emitting from the premises and the public nuisance that occurred from customers leaving the premises in an intoxicated state. Mrs. Goodrick said that numerous complaints had been made to the Police but the problems were still occurring. Usually, by the time the Police arrived, any disturbances had ceased. She asserted that she had regularly witnessed people leaving in a disorderly manner late into the night with associated noise, urinating, bottles and condoms thrown about, fights and threats of violence. She feared that the new extension would be used as a mini night club which was out of keeping with a small village which was a conservation area. The Chairman reminded Mrs. Goodrick that the Police had not objected to the application and that the Sub Committee could only act on information that was before them at the meeting. Mrs. DeRooy explained that she currently had a complaint logged with the Police, and reminded them of the incidents she had witnessed. She stated that she had rang the Police 20 times over the last 2.5 years, but by the time the Police arrived, the disturbances had been sorted out/ceased. The Assistant County Secretary asked if, when approached, the licensees were co-operative to any requests made and Mrs. Goodrick said she had not approached Mr. or Mrs. Speakman about any issues. Mrs. Goodrick could not confirm if, when the premises were open after closing time, the people inside were actually friends of the licensees or customers.
14. FINAL PRESENTATIONS (a) Applicant Mrs. Speakman said she appreciated noise could be a problem but it had to be understood that there were two other public houses in the area and not all of the disturbances were as a result of customers leaving the Railway Inn. (b) Interested Parties Mrs. Goodrick said she had nothing to add.
15. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, Assistant County Secretary and the Clerk.
16. DECISION The Sub Committee agreed that the application be granted in accordance with the following terms and conditions: Supply of Alcohol Sunday - Noon to 11:00pm Monday – Thursday - 11:00am to 11:30pm Friday and Saturday - 11:00am to 12:30am the following morning Christmas Eve - To 1:00am The closing time shall be 30 minutes after the above times. Entertainment Recorded music would be in line with the supply of alcohol time. Live Music Sunday – Thursday - 8:00pm – 11:00pm Friday and Saturday - 8:00pm to Midnight Christmas Eve - 11:00am to 01:00am the following morning New Years Eve - 11:00am to 01:00am the following morning A condition would be placed on the license, that noise or vibration should not emanate from the premises so as to cause a nuisance to nearby properties. Also, prominent clear and legible notices should be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly. A noise limiter was not being imposed on the premises but it was recommended that the licensees consider one and that contact be made with the Pollution Control Department of Flintshire County Council. The Chairman also recommended that the local residents should keep a log of any incidents that occurred.
17. REASONS (i) in the interest of preventing public nuisance; and (ii) the locality of the premises. Approved DateLicensing Sub Committee - 827 - |
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