LICENSING SUB COMMITTEE 6th OCTOBER, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held in County Hall, Mold, Flintshire on Thursday, 6th October, 2005. PRESENT: Councillor L.A. Sharps (Chairman) Councillors B. Dunn and J.J. Griffiths. OFFICERS OF FLINTSHIRE COUNTY COUNCIL County Secretary, Licensing Manager and Democratic Services Manager. APPLICANTS/AGENTS: Mr. D. Pickup (Punch Taverns plc) INTERESTED PARTIES Mrs. D. Hughes 1. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Committee considered the report of the Director of Environment and Regeneration which was presented by the Licensing Manager in respect of an application for a premises licence for the Crown Inn, Trelawnyd. 1. Supply of Alcohol and Regulated Entertainment Sunday - Noon to 11.00 pm Monday to Wednesday - 11.00 am to 11.00 pm Thursday to Saturday - 11.00 am to 11.30 pm 2. Closing Hours 30 Minutes after the abovementioned times. 3. Seasonal Variations/Non-standard Timings Friday, Saturday, Sunday and Monday at May Bank Holiday, Spring/Whitsun Bank Holiday and August Bank Holiday. Thursday, Friday, Saturday, Sunday and Monday at Easter Bank Holiday. Christmas Eve and Boxing Day. 2. THE APPLICATION - The Crown Inn, Trelawnyd An application for a Premises Licence had been submitted by Ford and Warren Solicitors on behalf of Punch Taverns plc. The premises was described as a public house in a country location, on the main road at the edge of the village. It had a car park to the rear with outside drinking area to the front and rear. There was one lounge supported by a bar and designated dining area with kitchen. It currently operated to the standard licensing 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 entertainment by a single performer or two performers together was permitted by Section 182 of the Licensing Act 1964. The Licensee was Mr. Barry Frederick John Davies. 3. BACKGROUND The application was made and advertised in the prescribed manner. The proposed hours for the sale of alcohol were:- Sunday - noon to 11:00 pm Monday to Wednesday - 11:00 am to 11:00 pm Thursday to Saturday - 11:00 am to midnight The closing time would be 30 minutes later. A further hour was requested on every Friday, Saturday, Sunday, Monday, for each May, Spring, Whitsun and August bank holiday weekend. A further hour was also requested Thursday to Monday at Easter bank holiday weekend, Christmas Eve and Boxing Day. Existing New Years Eve hours were also proposed. Live music limited to 2 performers and recorded music was proposed in line with the above hours. 4. Other Conditions Windows and doors are to be kept closed when regulated entertainment is taking place. The use of outside areas shall cease at 11.00 pm. Effective noise limiting devices shall be used in respect of any amplified music and vocals. Staff shall carry out external checks after 10.00 pm to ensure that there is no disturbance to neighbouring residential property. Remedial action shall be taken to reduce noise levels if found necessary. All non-essential exterior lighting shall be switched off at midnight. Prominent, clear and legible notices shall be displayed at all exists requesting the public to respect the needs of local residents and to leave the premises and area quietly. 4. PROMOTION OF THE LICENSING OBJECTIVES The application contained the following information. “Prevention of Crime and Disorder The car park was well lit including all entrances/exits. This was a well known pub and was used mainly by local people. Staff had internal training and awareness. Excellent liaison with local Police. Public Safety Working fire alarms, exit signs and fire fighting equipment were in place. Electrical certificates as part of recent investment works and health and hygiene reports completed. They had their own disability policy, air extractors were in place and smoking policy and no smoking area identified. Prevention of Public Nuisance The fabric of the building was such that it retained sound. Windows were kept closed and locked to aid with any noise reduction. Customer departure was managed carefully and because the majority were local people, care was taken regarding levels of noise/nuisance. No adjoining housing. The Protection of Children from Harm Children must be accompanied at all times by an adult and kept away from the bar. Gaming machines were in full view of the bar and located only near the bar. Allocated non smoking areas as well as air extractors located throughout.” 5. NOTICES AND SUPPORTIVE DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. 6. SUBMISSION OF DOCUMENTARY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure:- (a) The agent for the applicant confirmed that they had no additional information to submit. (b) The interested party requested permission to circulate photographic evidence in relation to the proximity of her premises to the application site and the applicant’s agent indicated there was no objection. (c) All parties requested the opportunity to cross examine, if necessary. The Sub Committee agreed to the request from the parties to cross examine. 7. 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 20 minutes to exercise their rights. 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. He confirmed that there was not. 9. PRESENTATIONS BY APPLICANT/INTERESTED PARTY The Chairman invited the agent on behalf of the applicant to present the application which would be followed by the representations to be made by the interested party. Presentation by Applicant’s Agent Mr. Pickup advised that he was a barrister and that he had been engaged by Punch Taverns plc to present the case and that the applicant himself was not present. In presenting the information, he referred to the refurbishment which had been carried out in the premises in the sum of £140,000 and that this included air conditioning. Therefore an offer was made for the inclusion of a condition requiring the closing of all windows and doors when entertainment was taking place. Reference was made to the live music being limited to two performers and recorded music of a background nature as at present. In addition the applicant was prepared to place signs up requesting patrons to leave the premises in a quiet manner and that this could also be enhanced by the licensee reminding them as they left the premises. He commented that there were no representatives from Responsible Authorities present at today’s hearing and that in particular there were no representations from the Environmental Health Department. Representations by Interested Parties Mrs. D. Hughes advised that whilst she wished the new licensee well in relation to the business, she did have concerns about the entertainment aspect due to previous problems which she felt could exacerbate her quality of life given the application for extended hours. She made reference to the number of changes in licensee in recent years, to the precise location of her premises in relation to the Crown Inn, the noise which emanated from the premises at particular times of entertainment which was enhanced due to the leaving open of windows and doors and that Environmental Health had been contacted with the last time estimated to be some 18 months ago. At certain times the level of noise could be heard above the sound of her television and she expressed a view that the size of the bar area where the entertainment took place probably was the reason for needing further ventilation by opening windows and doors. She also raised the issue of light problems from the application site together with vehicle noises in a quiet village area from later opening hours. Following the presentations made by the applicant’s agent and the interested party, Members raised the issue of confining possible noise emanation by way of closing of windows and doors and amplification limitation, the provision of live entertainment at the premises in contrast to background music and the fact that the applicant was not present at today’s hearing. 10. FINAL PRESENTATIONS (a) Applicant’s Agent Mr Pickup on behalf of the applicant indicated that the concerns expressed regarding noise emanating from the premises as a result of music could be curtailed by the Sub-Committee imposing conditions regarding the closing of windows and doors (particularly since the premises now had air conditioning) and controlling illumination outside the premises not withstanding health and safety provisions. Further the applicants would be happy to see other conditions providing for there to be no outside use after 11:00 pm to ensure that there could be no disturbance from that area and that patrols should be made outside after 10:00 pm to ensure that no noise was escaping from the premises and that appropriate action would be taken should that be the case. If such conditions were to be imposed, then under the review procedure if problems did materialise, the Licensing Sub-Committee could review the licence. In addition he made reference to the fact that there were no representations from other interested parties or local residents present and neither were there any representatives from responsible authorities including the Environmental Health Department. (b) Interested Parties Mrs. Hughes acknowledged that the public house had been there prior to her coming to live in the village and that it was necessary for everyone to live together. Notwithstanding the comments made by the applicant’s agent, she did have concerns regarding the change of licensing hours and if there was another change of landlord in the near future. 11.00 am to 11.30 pm the following day for supply of alcohol. Regulated entertainment shall terminate at 01.00 am on New Year’s Day. 11.00 am to 11.30 pm with the premises closing 30 minutes later. New Year’s Eve 11. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, County Secretary and the Clerk. 12. DECISION All parties were invited to return and the Chairman outlined the decision and the reasons as set out below. 13. REASONS (i) That no recorded complaints from either Environmental Health or North Wales Police had been received. (ii) The nature and size of premises. (iii) The representations made by the interested party and the offer of conditions made by the applicant’s agent. Approved Date - 1247 -
