LICENSING SUB COMMITTEE 13th MARCH, 2006 Minutes of the meeting Licensing Sub Committee of Flintshire County Council held in County Hall, Mold on Monday, 13th March, 2006 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A.Sharps (Chairman) Councillors J.F. Jones and M.G. Wright. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Assistant County Secretary, Licensing Officer and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVE Sgt. Colin Jones - North Wales Police. INTERESTED PERSONS REPRESENTATIVES Miss L. McDonough. APPLICANT / AGENTS Mr. Robert Mossman (Lessee Mancot Sport & Social Club). 1. All windows shall be kept closed during the performance of amplified music. 1. DECLARATIONS OF INTEREST There were no declarations of interest. 2. No doors shall be propped open during the performance of amplified music. 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 Officer in respect of an Application for a Premises Licence for the Mancot Sports & Social Club. 3. THE APPLICATION - MANCOT SPORTS & SOCIAL CLUB An Application had been made for Variation of a Premises Licence by Mr. Robert Mossman, represented by Inn Court (not present at meeting). The premises was described as a two storey building with a single storey extension which was used as a concert room. The premises currently had a premises licence which permitted the sale of alcohol only during the hours of Monday to Saturday 11:00 am to 11:00 pm and noon to 10:30 pm on Sundays. These hours of operation were determined at a Sub-Committee hearing on 26th September 2005. Regulated entertainment was not permitted. The hours now proposed for sale of alcohol were :- Sunday to Thursday - 10:00 am to Midnight Friday & Saturday- 10:00 am to 02:00 am the following morning Christmas Eve- 10:00 am to 02:00 am the following morning Boxing Day- 10:00 am to 02:00 am the following morning The hours proposed for Plays, Live Music and Performance of Dance were:- Sunday to Thursday - 12:00 pm to Midnight Friday & Saturday - 12:00 pm to 01:00 am the following morning Christmas Eve 12:00 pm to 01:00 am the following morning Boxing Day 12:00 pm to 01:00 am the following morning The hours proposed for Films, Indoor Sporting Events, Recorded Music, anything of a similar description to sections (e), (f) or (g), provision of facilities for making music and provision of facilities for dancing were:- Sunday to Thursday - 10:00 pm to 12:30 am the following morning Friday & Saturday - 10:00 am to 02:30 am the following morning Christmas Eve 10:00 pm to 02:30 am the following morning Boxing Day 10:00 pm to 02:30 am the following morning The hours proposed for Late Night Refreshment were :- Sunday to Thursday - 11:00 pm to 12:30 am the following morning Friday & Saturday - 11:00 pm to 02:30 am the following morning Christmas Eve 11:00 pm to 02:30 am the following morning Boxing Day 11:00 pm to 02:30 am the following morning New Year’s Eve hours would run from 10:00 am on 31st December until 10:00 am on 1st January. The proposed closing time was one hour after the alcohol supply hours outlined above. Following initial discussion with North Wales Police the agents for the applicant indicated that revised hours of operation, rather than those detailed above, would be deemed acceptable. These hours are:- Supply of alcohol and regulated entertainment :- Sunday to Thursday - 10:00 am to Midnight Friday & Saturday - 10:00 am to 01:00 the following morning Closing time 30 minutes afterwards. The police subsequently revised their representations as indicated in Appendix 2 below. The Designated Premises Supervisor was Mr. Robert Mossman. 4. PROMOTION OF THE LICENSING OBJECTIVES Additional steps proposed by the applicant for the promotion of the Licensing Objectives were attached as Appendix 1 to the report 5. RESPONSIBLE AUTHORITY REPRESENTATIONS Representations had been received from the Pollution Control Manager of Flintshire County Council and North Wales Police and were attached as Appendix 2 to the report. 6. INTERESTED PARTY REPRESENTATIONS Representations had been received from persons living in the vicinity and were attached as Appendix 3 to the Report. 7. NOTICES AND SUPPORTING DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. 8. PRESENTATION BY THE APPLICANT Mr. R. Mossman presented his own case for an extension of hours. Mr. Mossman indicated that he required the extra hours to ensure that his business was viable. He referred to nearby premises which operated longer hours and it was difficult to compete with them if he had to close earlier. He indicated that the vast majority of the clientele were over 40 years of age. It was his intention to cater for the more mature customer and ensure that any potential troublemakers were turned away. He indicated that he operated a Membership Scheme which he felt gave a greater degree of control. Since his previous application he had stopped the rock band on Thursday evenings which had been one of the main causes of complaint. He had undertaken considerable work within the premises and intended to make improvements on the outside when there was an improvement with the weather. Mr. Mossman indicated that he had assisted the local community by allowing the schools to make use of the car park and allowed younger people under adult supervision to use the snooker facilities. He also referred to the loss of the village hall and that his premises was used a meeting place for older people. Mr. Mossman referred to the incident identified by the Police in their report and how he had addressed those difficulties. Mr. Mossman expanded upon the full circumstances relating to incidents and how he had dealt with them. Mr. Mossman explained that when there was a complaint about noise it was on a single occasion whereby there had been two acts on and the first one opened the back doors to leave the premises. He explained what he had done to avoid this in the future. 9. PRESENTATION BY INTERESTED PERSONS In making her presentation Miss McDonough confirmed that a number of things had been addressed since her original concerns including the cessation of the rock nights. Miss McDonough expanded upon the concerns of her residents and identified the incident referred to in the report of North Wales Police and how there was a fear of a repetition of such incidents. Miss McDonough also commented on what she felt was the inadequacy of the surrounding fence to the premises and the difficulties this had caused. She reiterated her previous concerns relative to noise from the premises. 10. REPRESENTATIONS BY NORTH WALES POLICE Sgt. Jones had a number of questions to ask, by way of clarification, to Mr. Mossman. He sought clarification on the Membership Scheme referred to by Mr. Mossman and the level of supervision for younger people using the snooker facilities. Mr. Mossman indicated how he operated the Membership Scheme and that young persons were only admitted under the supervision of an adult club member. CCTV was also fitted. Sgt. Jones also asked about formal door supervision and Mr. Mossman indicated he could not afford to pay registered supervisors at present. Mr. Mossman also clarified the use of the snooker facilities was just to assist whilst the Youth Club was not operational but stressed that it was always under supervision of a club member. The County Secretary also advised on the status of an application for a club certificate which was under a different licensing regime. Sgt. Jones then went on to present his evidence and referred in detail of the incidents identified in his report which had been the reason for him amending his recommended hours of opening. In making the comment Sgt. Jones confirmed that he did not dispute Mr. Mossman’s comments whereby he had identified troublemakers who were not welcome at the premises and had turned them away. He also agreed with the statement that in the case of such incidents that it was proper that the Police should be called. Sgt. Jones read in full the relevant Licensing Policies and Government Guidelines on which he had based his evidence. 11. CROSS EXAMINATION AND QUESTIONS Mr. Mossman suggested to Miss McDonough that the majority of concerns had been the noise from the rock nights and as this has been addressed was no longer an issue. Miss McDonough indicated that she was speaking on behalf of a number of nearby residents and it was not just the noise issue but there was a fear by residents that the type of incidents referred to earlier whereby troublemakers could be moved away from the club but towards residential properties. She reiterated her points regarding the fence which she felt inadequate and that people could get over that fence if they so wished. Mr. Mossman indicated that the premises was now his only source of income and he was doing his best to make sure that it worked and not cause problems to anyone else. Mr. Mossman indicated how well the Police had dealt with the issue referred to in the report of Sgt. Jones. Miss McDonough indicated that she had no further questions to Mr. Mossman or to Sgt. Jones. Members of the Panel asked Mr. Mossman a number of questions relative to the incidents referred to by the Police and Mr. Mossman gave a detailed response. They also questioned Mr. Mossman’s statement regarding membership of the club and how people were considered for membership. Members noted that there was no written evidence to support the comments of Miss McDonough. Mr. Mossman indicated that there were a number of people from the area where Miss McDonough lives who were users of the club. The Chairman in addressing Miss McDonough understood that a number of other people had concerns but were late in delivering their notices and therefore could not be considered. However for clarity the Chairman enquired from Miss McDonough the location of the premises of those persons and Miss McDonough provided that information. When asked further questions Miss McDonough indicated that when the premises was a Conservative Club it was much quieter. She did acknowledge that the situation had improved since the cessation of the rock night and that it was a step in the right direction. However, she did still have concerns at the requested closing time of 01:30 am. The Chairman enquired of Mr. Mossman what improvements he intended to undertake to the premises as a result of the comments he made earlier in the meeting. Mr. Mossman advised of the work undertaken within the premises and that the work outside would be of general maintenance. The Chairman reiterated the concern of the Sub Committee at what they felt was a very serious incident of public disorder when people living nearby were obviously very scared. The Chairman enquired if Mr. Mossman felt there was danger of a recurrence. Mr. Mossman was hopeful that it would not occur and in fact those who had caused the trouble referred to came and apologised to him the following day. Following a further question from the Chairman, Sgt. Jones confirmed that the only incidents that they were aware of were those listed in his report. The County Secretary sought clarification in relation to the procedures to ensure that the back door to the premises was kept closed. In this respect the County Secretary referred to the comments of the Pollution Control Manager of Flintshire County Council regarding any condition that should be imposed relating to noise. Arising from discussions earlier in the meeting the Chairman confirmed that the purpose of this meeting was to deal with the premises licence and not a club licence. 12. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee members, County Secretary and the Clerk. 13. DECISION The Sub Committee be agreed that the Application be approved as follows:- Sale of Alcohol Sunday to Thursday - 11:00 am to 11:00 pm Friday & Saturday - 10:00 am to Midnight Christmas Eve - 10:00 am to 02:00 am the following morning Boxing Day - 10:00 am to 02:00 am the following morning New Years Eve - 10:00 am to 10:30 am the following morning Regulated Entertainment Monday to Thursday- 11:00 am to 11:00 pm Friday & Saturday - 10:00 am to Midnight Sunday - 11:00 am to 10:30 pm Christmas Eve - 10:00 am to 02:00 am the following morning Boxing Day - 10:00 am to 02:00 am the following morning New Years Eve - 10:00 am to 10:00 am the following morning Late Night Refreshments Withdrawn. Closing Time Closing time of the premises is thirty minutes after Sale of Alcohol times as set out above. Conditions Conditions on existing premises licence to be transferred to a new licence. Additional Conditions 14. REASONS The Chairman indicated that in making the decision the Committee felt that the applicant was trying to move in the right direction but also strongly advised of the review procedure whereby a Licence could be reconsidered at any time. 15. ADDITIONAL COMMENTS The Chairman thanked all those present and particularly Miss McDonough for the courteous way in which she had presented her evidence. The County Secretary suggested to Mr. Mossman that he should seek advice with some urgency regarding the procedures to operate as a Members Club. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 13th March, 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 739 -
