LICENSING SUB COMMITTEE 13th OCTOBER 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held on Thursday, 13th October, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillors S. R. Baker, A.G. Diskin and P. J. Walkden. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Principal Solicitor, Licensing Manager and Principal Administration Officer. APPLICANT/AGENTS Mr. M. Jenkins (The Union Pub Company), Mrs. C. Furnival, Licensee Boars Head Inn accompanied by Mr. R. Furnival. RESPONSIBLE AUTHORITIES - REPRESENTATIVES None were present INTERESTED PARTIES Mr. C. Kelly and Mrs. M.E. Kelly 1. APPOINTMENT OF CHAIRMAN Resolved: That Councillor S.R. Baker be appointed Chairman of the Sub Committee for this hearing. 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 Boars Head, Village Road, Northop Hall. 4. THE APPLICATION - The Boars Head, Village Road, Northop Hall An application for a premises licence had been made by John Gaunt and Partners on behalf of the licensee Cynthia Anne Furnival. The premises was described as an established public house and it 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. Recorded music or live music by a single performer or two performers together was permitted by the dispensation given by Section 182 of the Licensing Act 1964. The proposed hours for supply of alcohol were Sunday - Noon to 11.30 pm Monday to Saturday - 10.00 am to midnight The premises would close 30 minutes later. If the above hours were not granted they would still be requested for Friday, Saturday, Sunday and Monday at Bank Holiday weekends, Christmas Eve and Boxing Day, plus 20 non-specific days. Opening outside normal hours on non-specific days for broadcast of televised sporting events of national or international interest is also requested.. Films, indoor sporting events, live music, recorded music, dance facilities and late night refreshments are also requested in line with the hours indicated above. 5. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES There had been representations from the North Wales Fire and Rescue Service and these were attached as Appendix 2 to the report. 6. PROMOTION OF LICENSING OBJECTIVES The applicant’s proposals were attached as Appendix 1 to the report. 7. SUBMISSION OF DOCUMENTORY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure :- (a) The applicant confirmed that they did not have any additional information to submit. (b) The interested parties indicated that they may wish to produce a log of incidents in support of their evidence. (c) All parties requested the opportunity to cross-examine, if necessary. 8. 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. 9. 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. 10. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the application. Mr. Jenkins presented the application and advised that the current licensees had been at the premises for 11 years and from the Police point of view there had been no cause for concern during that period. He indicated that the representations from the North Wales Fire and Rescue Service had been addressed and confirmed in writing to them that they would comply entirely with their recommendations. He also commented that the premises were situated in a residential area and there was only one representation from residents and none from North Wales Police. The applicant confirmed that the hours requested were as stated in the report. 11. REPRESENTATIONS BY INTERESTED PARTIES Mr. Kelly presented his case. He indicated that he did not wish to deny anyone the right to earn a living but that it had to be within the law. He indicated that his main areas of concern were noise and disturbance outside the premises and cited taxis visiting the premises late in the evening and blowing their horns, people congregating outside and engaging in loud conversation. He also referred to a specific incident which he had pursued with the Police and in his correspondence quoted an incident number in support of this. Mr. Kelly suggested that the type of operation of the premises had changed considerably over the years whereby it was previously a typical village pub operating well within a residential area but now their clientele had changed and noise emanated from people congregating outside the premises after the recognised licensing hours. He referred to comments of other residents which he accepted was hearsay. Mr. Kelly also felt there were a number of errors in the floor plan submitted with the application. However, this point was addressed by the applicant at the meeting and noted by the Sub Committee. Mrs. Kelly indicated that since the application had been in place she had kept a log of incidents and commented again about the times and noise levels of taxis visiting the premises which he indicated was beyond licensing hours in many cases. The Chairman asked Mr. Jenkins if he wished to ask any questions but he indicated that he would just sum up at the end. Councillor Walkden enquired of the applicants if they had “lock ins” at the premises and Mr. Jenkins confirmed that they did not. Councillor Walkden also enquired regarding the noise created by taxis which could cause concern to residents and if this issue had been addressed. Mr. Jenkins advised that the licensees had done their best but quite often the pub premises was just a port of call for people to use as a meeting point and were not in fact patrons of the premises. The licensee confirmed that taxis had been asked not to blow their horns but they indicated that they were not prepared to leave their vehicles for safety reasons. Members suggested that it may be appropriate to contact the local taxis companies and ask them to co-operate. Councillor A.G. Diskin advised that there had been no representations by responsible authorities and no incidents of public disorder recorded and in the circumstances asked the interested parties if they felt that the objections were reasonable. Mr. Kelly responded by indicating that in this view the premises were being used outside the current licensing law. Following a question by Councillor Diskin the licensee explained that the door was closed at 11.00 pm at night and people leaving the premises were monitored. She confirmed that entertainment only took place at the premises on an average of once every six weeks and not in the summer time because the premises were only small and that it would be necessary for the windows to be open on a warm evening. Councillor Baker indicated that the application referred to refreshments and Mr. Jenkins confirmed that at present food was not served from the premises but wished it to be included in the application should those circumstances change. The Principal Solicitor referred to the application where 20 non specified days were identified in the application and advised that on previous occasions the Sub Committee had indicated that this was too vague. Mr. Jenkins acknowledged this and was happy to withdraw that part of the application. 12. FINAL PRESENATIONS (a) INTERESTED PARTIES The Chairman invited Mr. Kelly to sum up. Mr. Kelly stood by his previous comments and indicated that he understood there was going to be a change of licensee at the premises and suggested that in those circumstances there should no extension of hours until that person’s suitability for the premises had been monitored. b) APPLICANT / AGENTS Mr. Jenkins indicated that although there was a change of licensee imminent it should not have a bearing on the application because whoever ran the premises it would be done in conjunction with his company and that the new licensee had lived in the village for some 18 years. He reiterated the point that there had been no representations from the Police relative to the proposed extension. He suggested that the interested parties had a problem with the licensee, for whatever reasons, and that there had been no other objections from the community. 13. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, Principal Solicitor and the Clerk. 14. DECISION The Sub-Committee agreed the following conditions:- (1) Supply of Alcohol and Provision of Regulated Entertainment Sunday - Noon to 11.30 p.m. Monday to Saturday - 10.00 a.m. to midnight (2) Closing Hours Thirty minutes after the abovementioned times. (3) Late Night refreshment Sunday - 11.00 p.m. to 11.30 p.m. Monday to Saturday - 11.00 p.m. to midnight (4) Seasonal Variation/Non-Standard Timings A Sunday at Bank Holiday Weekends, Christmas Eve or Boxing Day - Noon to midnight. Closing time 30 minutes later. (5) Occasions of Local, National or International Significance and Charity Events These must be the subject of Temporary Event Notices as and when they arise. (6) North Wales Fire and Rescue Service Representations The improvement works detailed in the Fire Safety Report (date of inspection 25th August, 2005 – file number E02 – 385) shall be completed to the satisfaction of the Fire Authority by 24th November, 2005. (7) Notices 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. REASONS i) The nature and size of the premises ii) No recorded complaints from Environmental Health and North Wales Police. 15. ADDITIONAL INFORMATION The Chairman also advised Mr. Kelly of the procedure if he felt there was a problem with noise nuisance or public order incidents whereby he could contact the Environmental Health Department’s Pollution Control Section or North Wales Police respectively and they had a duty to pursue these issues. He also advised the applicants that the control of the car park at the premises was their responsibility. He suggested that in the interests of good neighbour relations they contact local taxi firms and ask them not to blow their horns outside the premises at unreasonable hours. Approved DateLicensing Sub Committee Boar’s Head, Northop-13.10.05 - 841 -
