LICENSING SUB COMMITTEE 3rd OCTOBER, 2005 Minutes of the meeting of the Licensing Sub Committee held on 3rd October, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A. Sharps (Chairman) Councillors B. Dunn and J. Ovens. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Principal Solicitor, Licensing Manager and Democratic Services Manager. APPLICANT: Mr. John Law and Victoria Law-Hughes (Longbow Inns). INTERESTED PARTIES Mr. D. Roberts and Ms. V. Lodwick. 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 Licence for the Red Lion, Llanasa. 3. THE APPLICATION - Red Lion, Llanasa The application for a Premises Licence was submitted by Longbow Inns Limited. The premises was described as a public house, restaurant and letting rooms. The premises currently operated the standard hours of 11.00 am to 11.00 pm on Monday to Saturday and noon to 10.30 pm on a Sunday. Recorded music or live music by a single performer or two performers together was currently permitted by the dispensation given in section 182 of the Licensing Act 1964. The proposed hours of operation were for the supply of alcohol on Monday to Thursday from noon to midnight, noon to 01.00 am the following morning on Friday and Saturday, noon to 10.30 pm on a Sunday and the existing permissions for New Year’s Eve. The premises would close thirty minutes later. Recorded music, facilities for dancing and entertainment of a similar description were proposed at private functions in the restaurant in line with the hours stated above. 4. BACKGROUND The application had been advertised and there had been no representations from the North Wales Police, North Wales Fire and Rescue Service and Flintshire County Council’s Environmental Health Department. 5. PROMOTION OF THE LICENSING OBJECTIVES The application stated that the additional steps proposed were the placing of signs at exit doors requesting customers to leave the premises quietly. 6. SUBMISSION OF DOCUMENTARY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure:- (a) The applicant confirmed that they would wish to provide the Sub Committee with additional information to support the application. (b) The spokesperson for the interested parties also confirmed that he wished to provide the Sub Committee with information on behalf of himself and residents. (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. Mr. John Law presented the case and confirmed that he was the owner of the Red Lion and Director of Longbow Inns Limited and was accompanied by his daughter, Victoria Law-Hughes, who was the Joint Licensee with his son who was also present. Mr. Law explained that the Red Lion was a community pub/restaurant premises and employed twenty-five staff. Mr. Law explained that he was content with the current licensing arrangements but had been required to make an application for a conversion and variation to the Premises Licence but he had no real intention to change the opening hours. The application for the supply of alcohol on Monday to Thursday was noon until midnight which matched the existing arrangements for the restaurant. The proposed hours for Friday and Saturday were noon to 01.00 am the following morning which would remove the need to apply for the occasional licence for functions which were held in the restaurant. The regular activities and functions held at the Red Lion were outlined together with details of the age group of the regular clientele. A courtesy bus was also used after closing time because of the remoteness of the village and the clientele coming from the surrounding area. Mr. Law also referred to letters of support that he had received from the vicar, a Mostyn Community Councillor and a neighbouring resident who had originally signed the petition against the variation of the licence but had subsequently withdrawn her signature. Representations by Interested Parties Mr. David Roberts of Glanaber, Llanasa, explained that he had been elected as the spokesperson for those people opposed to the proposed variation to the licence of the Red Lion. Firstly, he expressed his own personal opposition to the variation and the impact this could have on his family particularly with the extended hours proposed for Monday to Thursday and the increased noise this could generate and the impact this could have on a young family who were required to go to school the following day. He referred to the disturbances caused by clients of the public house waiting for the mini-bus, taxis using their car horns to attract customers’ attention and the outdoor seating area and the closeness to his property. Mr. Roberts then made representations on behalf of the other residents. The village had won a number of awards for environmental competitions but there had been a number of incidents in the vicinity of the public house. A number of residents had signed a petition and a number of letters had been submitted objecting to the variation to the licence. He also referred to an article in “The Chronicle” which had misrepresented the residents’ views and it was felt that the Sub Committee was the correct forum for the views to be expressed. Mr. Roberts then referred to the expressions of support referred to by Mr. Law and explained that the vicar did not live in the village, the pub was not in the immediate vicinity of Mostyn Community Council and a letter of support from a resident of the post office who did not currently live in the village. One of the major issues of concern was the problems caused by clients waiting to use the free mini-bus provision at closing time. The Chairman, Councillor L.A. Sharps then questioned Mr. Roberts as to why no representations had been made by the Police and Environmental Health and also that the local County Councillor had not had any complaints referred to him. In reply, Mr. Roberts explained that he had spoken to Sgt. Colin Jones the previous Friday and referred to incidents on 11th January and 10th March, 2005 and provided incident numbers. He explained that he was not aware that issues of noise pollution could be referred to the appropriate Officer at the County Council. Members of the Panel asked questions of both Mr. Roberts and Mr. Law. 10. FINAL PRESENTATIONS (a) Interested Parties Mr. Roberts believed that the residents had legitimate objections to the late licence and asked the Panel to take account of the rural nature of the village and the age group of its residents. He referred to the number of letters of objections, the petition submitted and the number of residents who were in attendance which illustrated that there was a problem with the proposed variations to the licence. (b) Applicant Mr. Law stressed that he had no intention to use the late licence except when a special request was received from clients and assured the Sub Committee that on Mondays to Thursday the Red Lion would operate as the current arrangement. 11. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, Principal Solicitor and the Clerk. 12. DECISION The Sub-Committee agreed the following conditions:- Supply of Alcohol and Provision of Regulated Entertainment Monday to Thursday - 11.00 am to 11.00 pm Friday and Saturday - 11.00 am to midnight Sunday - noon to 10.30 pm New Year’s Eve - as existing permissions In the Dining Room alcohol may also be supplied and regulated entertainment can take place until 11.30 pm on a Sunday and midnight on Monday to Thursday when the activity is ancillary to the taking of a table meal. The premises would close thirty minutes later. Recorded music, facilities for dancing and entertainment of a similar description in all areas would be noon to 11.00 pm Monday to Thursday and noon to 12.00 midnight on Fridays and Saturdays. The Chairman in conveying the Sub Committee’s decision invited Mr. Roberts to monitor noise levels within the vicinity of the public house and to contact Pollution Control at County Hall should any difficulties be experienced. The Chairman then referred to the application and the promotion of licensing objectives and asked the applicants to ensure that the placing of signs at exit doors requesting customers to leave the premises quietly be provided. He also suggested that the licensee should speak to taxi operators and to seek their co-operation in ensuring that car horns were not used to attract the attention of customers. He also suggested that CCTV should be provided to ensure that both inside and outside of the premises was monitored. In conclusion, the applicant was asked to ensure that those customers leaving the premises to take advantage of the courtesy bus should be monitored and managed to ensure minimum disruption to the adjoining residents. Finally, the Chairman advised the applicant that the Premises Licence would be subject to further review if required. 13. REASONS In the interests of promotion of the licensing objective relating to public safety. Approved Date Licensing Sub Committee - 1102 -
