LICENSING SUB COMMITTEE 14TH NOVEMBER, 2005 Minutes of the meeting Licensing Sub Committee of Flintshire County Council held in County Hall, Mold, Flintshire on Monday, 14th November, 2005. PRESENT: Councillors S.R. Baker, A.G. Diskin and P.J. Walkden. OFFICERS OF FLINTSHIRE COUNTY COUNCIL County Secretary, Licensing Manager and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES No representatives were present. INTERESTED PARTIES Mr. H.K. Stachowski and Mr. D. Conn. APPLICANT/AGENTS Mr. Andy Thomas of Punch Taverns PLC. 1. DECLARATIONS OF INTEREST None were received. 2. APPOINTMENT OF CHAIRMAN RESOLVED: That Councillor S.R. Baker be appointed Chair for this meeting. 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 License for The Black Lion, Village Road, Northop Hall. 4. THE APPLICATION – The Black Lion, Village Road, Northop Hall. An application for variation of Premises Licence had been made by Ford & Warren Solicitors on behalf of Punch Taverns PLC. The premises had initially been granted conversation only, via an earlier application. The premises 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. The playing of recorded music was permitted as an “embedded right” following the Second Appointed Day. The proposed hours of operation were as follows :- Supply of Alcohol Sunday - Noon to 10:30 pm Monday to Wednesday - 11:00 am to 11:00 pm Thursday to Saturday - 11:00 am to midnight Closing time 30 minutes later An additional hour was proposed over Bank Holiday weekends, Christmas Eve and Boxing Day together with the existing unrestricted sale that every premises had on New Year’s Eve / New Year’s Day. Live music and recorded music indoors was also requested within the times detailed above. 5. BACKGROUND The application had been advertised. 6. PROMOTION OF LICENSING OBJECTIVES The steps the Company intended to take were shown as Appendix 1 to the report. 7. REPRESENTATIONS BY INTERESTED PARTIES Representations had been received from persons living in the vicinity and were shown as Appendix 4 to the report. 8. NOTICES AND SUPPORTING DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. 9. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure:- (a) The applicants confirmed that they had no additional information to submit. (b) The interested parties confirmed that they had no additional information to submit (c) All parties requested the opportunity to cross examine if necessary The Sub Committee agreed to the request of the parties to cross examine. 10. 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 twenty minutes to exercise their rights. 11. 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. 12. PRESENTATION BY THE APPLICANT Mr. A. Thomas presented the case on behalf of the Applicant and indicated that the purpose of the request for additional hours was to meet the needs of the customers. He confirmed the hours which had been requested. He felt that that request was consistent with the Government’s reasons behind the new Licensing Act whereby customers would leave the premises over a longer period of time. He confirmed that there was no intention to change the current arrangements for entertainment. Mr. Thomas also referred to the fact that there were no representations from the Environmental Health Pollution Control Section or North Wales Police. He was not aware of any complaint arising from the premises during the four years he had been involved with the public house. The Chairman sought clarification if the provision for music was within the drinking time and Mr. Thomas confirmed that that was the intention. Arising from this comment Mr. Conn referred to an incident where music had gone on beyond the stated time. In response Mr. Thomas confirmed that this was something he would not condone. However, he referred to the prevention of public nuisance and the powers of Environmental Health in the control of any noise from the premises. Mr. Thomas commented that the building was brick built and was substantial and therefore he hoped that noise would not be transmitted from the premises. Mr. Stachowski also referred to an instance where he had personally spoken to staff at the public house who subsequently turned the music down when he complained about the noise levels. Mr. Thomas reiterated his earlier point regarding the fact that as there was no documentation it was difficult for him to address any complaints. 13. ATTENDANCE BY INTERESTED PARTIES Mr. Conn confirmed that he was the main spokesperson on behalf of the interested parties. He sought clarification if the Sub Committee had read the three letters of objection and it was confirmed that these had been circulated with the papers. He advised that all the issues raised by the interested parties related to noise. He felt that the building was not suitable but for special “one off occasions”, there was no problem as this was acceptable as part of the business operation. Mr. Conn referred to the concerns of one of his neighbours who had submitted his comments and the noise from the premises which had affected him. The door of the premises went straight onto the road and whenever the door was open the noise could be heard for some distance. Arising from this point Councillor Diskin commented that there had been no objections received from the responsible authorities and in particular the Pollution Control Section of Environmental Health. He also suggested that when the Licensee had been contacted the noise had been down. Councillor Walkden enquired that if the side door to the premises was kept closed it could possibly address the noise problems. She also enquired how often music was performed at the premises and Mr. Thomas indicated it was not a regular occurrence and referring to earlier comments indicated it was a one off occasion. Councillor Walkden also asked if consideration had been given to the installation of noise attenuation equipment. Mr. Thomas indicated that this was not financially viable. Mr. Conn also commented about the noise when taxis collected people from the public house and sounded their horns. He also commented about the lateness of people arriving at the premises which was at a later time than the scope of the current licence. Mr. Thomas commented upon the difficulty in controlling taxi drivers who were often loathed to leave their vehicles for security reasons. Mr. Thomas also commented that under the Licensing Act 2003 the responsible authorities had wide ranging powers if the premises did not comply with the conditions of their licence. 14. FINAL PRESENTATION Applicants/Agents Mr. Thomas in making his final presentation commented that the Government currently supported longer licensing hours for those premises who operated in a responsible manner. If there were problems he was more than happy to meet with local residents to discuss these issues. He also confirmed that it was the intention to encourage the serving of food from the premises. Interested Parties Mr. Stachowski commented that if the licence was granted to the premises any other person could take over the premises. He commented upon issues which he accepted were hearsay and the Chairman indicated that that could not be taken into account. Mr. Stachowski then commented upon incidents which he had personal knowledge of and the disturbance he felt that it had caused. 15. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, County Secretary and Clerk. 16. DECISION The Sub Committee agreed that the application granted as follows:- (i) Supply of Alcohol Monday to Wednesday - 11.00 am to 11.00 pm Thursday to Saturday - 11.00 am to midnight Sunday - Noon to 10.30 pm (ii) Closing Hours 30 minutes after the above mentioned hours (iii) Regulated Entertainment Monday to Saturday - 11.00 am to 11.00 pm Sunday - Noon to 10.30 pm (iv) Noise Reduction When Regulated Entertainment is taking place doors and windows must be kept closed. (v) Seasonal Variations / Non-Standard Timings Alcohol may be sold for an additional hour to those stated in paragraph 1 above (with the premises closing 30 minutes later) on Friday, Saturday, Sunday and Monday at May Bank Holiday, Spring / Whitsun Bank Holiday, August Bank Holiday, and Thursday, Friday, Saturday, Sunday and Monday at Easter Bank Holiday weekend and Christmas Eve and Boxing Day. (vi) 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. 17. REASONS (i) The permitted hours granted are appropriate to the nature and location of the public house. (ii) No objections from Responsible Authorities. 18. SUPPLEMENTARY INFORMATION The Chairman in thanking Messrs. Conn and Stachowski for attending and advised them of the procedures whereby if they had any concerns they should contact the Pollution Control Manager who would arrange for any calls to be logged and the situation to be kept under review. He also advised of the strong powers the Licensing Committee had in relation in review of licences. Approved Date Licensing Sub Committee - 1117 -
