LICENSING SUB COMMITTEE 8th MAY, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held on Monday, 8th May, 2006 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A.Sharps (Chairman) Councillors A.G. Diskin and J.F. Jones. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Solicitor (Mr. Damian Gaskell), Committee Services Manager and Licensing Officer. RESPONSIBLE AUTHORITY REPRESENTATIVES Sgt. Colin Jones, North Wales Police, Mr. R.J. McGrane, North Wales Fire and Rescue. INTERESTED PERSONS REPRESENTATIVES There were no interested persons present. APPLICANT/AGENTS The applicant was not represented at the meeting. 1. DECLARATIONS OF INTEREST (including Whipping Declarations) None were received. 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 Flint Castle. 3. THE APPLICATION - Flint Castle An application for a Premises Licence had been submitted by CADW in respect of Flint Castle, Castle Dyke Street, Flint. Flint Castle was an historic property and premises. The activities applied for were Plays, Films, Indoor Sporting Events, Live Music, Recorded Music, Performance of Dance, Making Music, Dancing and Late Night Refreshment. The proposed hours were:- Monday to Sunday – 9.30 a.m. to midnight. 4. BACKGROUND The application was advertised in the required manner. 5. PROMOTION OF THE LICENSING OBJECTIVES Additional steps proposed by the applicant for promotion of the Licensing Objectives were attached as Appendix 1 to the report. 6. RESPONSIBLE AUTHORITY REPRESENTATIONS Representations had been received from North Wales Police which were attached as Appendix 2 to the report and from North Wales Fire and Rescue Service which were attached as Appendix 3 to the report. 7. INTERESTED PARTY REPRESENTATIONS There were no interested party representations. 8. NOTICES AND SUPPORTING DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. 9. PRESENTATION BY THE APPLICANT The applicant was not represented at the meeting. In the circumstances the Chairman read in full the details of the application. 10. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES (a) North Wales Police Sgt. Colin Jones reported that in accordance with his representations that there were no objections in principle to this application subject to the condition that a Safety Plan be provided to the Inspector at Flint Police Station and to the local authority at least twenty-eight days prior to each event. He explained that this condition was requested under the Licensing Objectives of Public Safety and Prevention of Crime and Disorder. In making his presentation Sgt. Jones indicated that there were a number of good points in the application in relation to safety. However he felt that there were a number of areas which had not been adequately addressed and that he understood that these views were mirrored by the North Wales Fire and Rescue Service whose representative would expand upon those during his presentation. Sgt. Jones explained that the Castle was situated in a residential area with a single access with a large part of the Castle remaining unfenced. He felt that there would also be a need for door supervisors, particularly in view of the layout of the Castle. Sgt. Jones also commented upon the comparative narrowness of the streets in the vicinity of the Castle which would not assist vehicular movement. Sgt. Jones also made specific reference to the fact that the Castle area, which was the subject of the application, was a designated area where the consumption of alcohol was not permitted. He expanded upon the reasons why the area had received such a designation. Sgt. Jones summarised by identifying what he felt would be appropriate conditions if any permission was granted. 11. NORTH WALES FIRE AND RESCUE SERVICE Mr. J. McGrane presented the case on behalf of the North Wales Fire and Rescue Service. Mr. McGrane confirmed that he shared a number of the concerns raised by Sgt. Jones. He explained that he was concerned that there was only one means of access and egress which also had a step which made access for the less abled difficult. Mr. McGrane explained that he had been in touch with the applicant and had identified to them what he felt was necessary in terms of a Risk Assessment Plan for the premises. None of those issues had been addressed in the application. 12. CROSS EXAMINATION AND QUESTIONS As the applicant was not represented there was no cross-examination. However the Chairman invited Members of the Committee to ask questions of the Officers present. Council Solicitor, Mr. Gaskell referred to the background to this issue and that CADW were the prime movers in seeking the area to be so designated. The Sub Committee shared the view of Mr. Gaskell that the grant of a licence which would allow the consumption of alcohol in this area would be totally contrary to the aims of the by-law. The Chairman sought clarification on the issue of a Temporary Event Notice and if this would address the problems. The Officers of the Police and North Wales Fire and Rescue Service indicated that they would still require the same assurances in respect of any such Notice and again reiterated the view that safety was paramount and this view was shared by the Sub Committee. The Chairman referred to events held in other areas and Mr. McGrane was aware of those because he had been involved in the organisation from the safety viewpoint and explained that the site layout was completely different and this was acknowledged by the Sub Committee. Councillor J.F. Jones was also concerned that if a licence was granted it could exacerbate the already difficult traffic conditions in that area. Councillor Diskin was also concerned that no formal Safety Plan had been submitted. Following comments by Members Mr. McGrane expanded upon difficulties that could be encountered given the numbers that could be attending a function in view of the size of the premises. The Chairman thanked Sgt. Jones and Mr. McGrane for the thoroughness of their evidence. 13. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee members, Solicitor and the Clerk. 14. DECISION RESOLVED (i) That the application be refused on the grounds that no Risk Assessment had been submitted relative to this site which was to the satisfaction of the North Wales Police and North Wales Fire and Rescue Service and there was inadequate detail of the different type of events proposed by the applicant to consider the application further. (ii) That, if in the future, an application is reconsidered on the basis of a satisfactory Risk Assessment being submitted, as the site is designated under the Local Authorities (Alcohol Consumption in Public Places) Regulations 2001, which prohibits the consumption of alcohol in that place, any grant of a licence for an event will be on the proviso that no alcohol will be allowed under any circumstances. (ii) That the Sub Committee’s disappointment that no representative of CADW was in attendance to address specific points raised by the Sub Committee be formally recorded. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 8th MAY , 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 749 -
