LICENSING SUB COMMITTEE 4TH OCTOBER, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Tuesday, 4th October, 2005. PRESENT: Councillor L. A. Sharps (Chairman) Councillors: B. Dunn and J. Jones. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Assistant County Secretary, Licensing Manager and Senior Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES: None were present. APPLICANTS/AGENTS: Mrs. A. Pleavin – applicant and Mr. S. M. Treasaden – Area Manager, Pathfinder. INTERESTED PARTIES: Mrs. Sayer on behalf of herself and affected residents. 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 White Bear, Mancot. 4. THE APPLICATION – The White Bear, Mancot An application for a premises licence was submitted by John Gaunt and Partners on behalf of Annette Pleavin, Licensee. The premises were described as an established public house with substantial food trade and an existing external area available to patrons for consumption of off supplies. 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 entertainment by a single performer or two performers together was permitted in accordance with the dispensation afforded by Section 182 of the Licensing Act 1964. The proposed hours for supply of alcohol were:- Sunday - 11:00am to Midnight Monday to Thursday - 10:00am to Midnight Friday and Saturday - 10:00am to 01:00am the following morning The premises would close 30 minutes later. The above times were also requested for indoor films, sporting events, live music, recorded music and dancing. Midnight was requested over Bank Holiday weekends, Christmas Eve and Boxing Day and 11:00am to 11:00pm on Christmas Day, should the above variation be declined. 5. BACKGROUND The application had been advertised in the required manner. There had been representations from 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 persons living in the vicinity and were attached as Appendix 2 to the report. 8. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure:- (a) The applicant indicated that she had no additional information to submit. (b) The representative of the interested parties indicated that she 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. Treasaden presented the case. Mr. Treasaden explained that two objections had been received from persons living in the vicinity but none had been received from the Responsible Authorities. Mrs. Pleavin had been the Manager at the premises for approximately two years and on checking the police call out records, the White Bear did not have a bad record. Mrs. Pleavin was a valued Manager and member of the team. The premises were operated in a trading format and Mrs. Pleavin was an employee, and whilst the concerns of local residents were at the forefront of all applications made, the White Bear was a well managed public house. 12. REPRESENTATIONS BY INTERESTED PARTIES Mrs. Sayer explained that she had lived at her current address for 2 years and had been disturbed on a regular basis, with the main issues being live music and karaoke. The noise could be heard through her double glazed windows and she found it difficult to get her children to sleep. Mrs. Sayer said that the premises had its doors and windows open in the warm summer months and how she had to walk past broken glass and vomit on the way to school. She claimed that the licensee had not been adhering to the standard operating hours for which she had witnesses. Residents at number 26 and number 28 had asked Mrs. Sayer to speak on their behalf also, as they had not been aware of the deadlines for the submission of written complaints. Mrs. Sayer explained that if the noise was to continue, she would be forced to move house. She had complained to the Pollution Control Department at Flintshire County Council in May 2004 whereupon the noise levels reduced following a letter to the pub by the Pollution Control Department. However, she felt that any other complaints made would be to the detriment of her house sale. Mr. Treasaden said if the facts presented were true, measures could be put in place for any conditions that may be placed on the license. However he said there would clearly be occasions when the noise levels would rise. Mrs. Pleavin explained that the cleaner checked around the premises each morning but there was a limit on how far away from the public house she could check. Mrs. Sayer’s property was not directly surrounding the premises. She further explained that she had not had a karaoke evening for some months and when music was playing, she herself walked around the premises to check on the noise levels and she would request that the music be turned down if she felt it was too loud. Following advice sought, a fan had been turned off which could have possibly been projecting noise in the direction of Mrs. Sayer’s home. Mrs. Sayer referred to taxis arriving at the premises after midnight. Mrs. Pleavin disputed this and said that taxis were not always collecting from the public house and she too got disturbed on occasion. Due to the nature of the premises, on a weekend it was common for the public house to be relatively empty by 9:30pm as people got taxis out of the village. Mrs. Sayer also referred to an incident when children were running around on the flat roof of the premises at 12:40am in August or September last year. The Police had been called out following the complaint of an affected resident. Mrs. Pleavin explained that no children resided at the premises and therefore, it must have been a relief manager who had been in charge at that time. Mrs. Pleavin said she had not held a karaoke evening since she had been told that the premises did not hold the necessary license. The last one was approximately one year previous. She explained that she would display signs around the premises asking customers to leave quietly and that noise restrictors could be utilised. External doors and windows would be kept closed from 10:00pm onwards when music was playing. The Chairman explained to Mrs. Sayer that representations had not been made from any responsible authorities and the Sub Committee had to make their decision based on evidence. He asked why Mrs. Sayer had not made any further complaints to the Pollution Control Department. Mrs. Sayer said that following her complaint in May 2004, she was advised that a letter would be sent to the premises. The noise levels did reduce initially but she felt that any further complaints would be to the disadvantage of her house sale, should the noise continue. The Chairman asked if there were any plans for the front of the premises to have double glazing installed and Mrs. Pleavin explained that that issue was currently under discussion with the brewery but it was the desire to keep any works in character with the building. Mr. Treasaden said that the works discussed were part of a future consideration. The cost of double glazed windows would be approximately £20,000 and funds had been exhausted at the present time. The Assistant County Secretary asked for details of entertainment which took place currently and was advised that live music was held on a Sunday only, which was either a soloist or a duo. It was hoped that in the future, events could be held for things such as Children in Need. During the week, the premises held community led activities. Mr. Treasaden explained that, whilst the application was for entertainment until 01:00am, the premises could only afford for a limited number of occasions when such events were held. It was a strict rule of thumb by the brewery and as the premises in question was a small village public house, the entertainment would not be other than on a Sunday. 13. FINAL PRESENTATIONS (a) Applicant Mr. Treasaden said the extension applied for would have the greatest effect on persons living in the vicinity as it was a village public house. This was taken into consideration and they encouraged local people to discuss problems or issues with the management at the premises. Signage would be erected to ask customers to leave quietly and the brewery would request that the manager of the premises be extra vigilant. Also, Environmental Health would be asked for any relevant advice. The premises would not make use of the extended license all of the time as budget levels dictated otherwise because of the nature of the premises. Entertainment was too a weekly event which remained so in the Business Plan for the premises for the year. Additional events would only be held on festive or charitable occasions. (b) Interested Parties Mrs. Sayer said she had nothing to add. 14. 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. 15. DECISION The Sub Committee agreed that the application be granted in accordance with the following terms and conditions: Supply of Alcohol Sunday - 11:00am to 11:00pm Monday - Thursday - 10:00am to 11:00pm Friday and Saturday - 10:00am to Midnight The closing time shall be 30 minutes after the above times. Provision of Regulated Entertainment Sunday - 11:00am to 11:00pm Monday to Thursday - 10:00am to 11:00pm Friday and Saturday - 10:00am to 11:30pm Seasonal Variations/Non-Standard Timings The supply of alcohol and regulated entertainment may take place until Midnight on the following days: Friday, Saturday, Sunday and Monday at Bank Holidays Weekends Christmas Eve Boxing Day The closing time shall be 30 minutes later. Occasions of Local, National or International Significance and Charity Events These must be subject of Temporary Event Notices as and when they arose. The Chairman explained that the hours permitted were as outlined above. He also recommended that the brewery invites the Council’s Pollution Control Department to make recommendations following a full survey of the premises. 16. REASONS (i) in the interest of preventing public nuisance; and (ii) the locality of the premises. Approved DateLicensing Sub Committee - 834 -
