LICENSING SUB COMMITTEE 15th MAY, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held on Monday 15th 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. Damien Gaskell), Committee Services Manager and Licensing Officer RESPONSIBLE AUTHORITIES - REPRESENTATIVES None were present for this meeting INTERESTED PERSONS - REPRESENTATIVES Mr. D.J. Isaac 1. DECLARATIONS OF INTERESTS (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 the Red Lion, Rhosesmor. 3. THE APPLICATION - The Red Lion, Rhosesmor An application for a variation of a Premises Licence was made by Gregsons Solicitors on behalf of Mr. Bryn Jones and Mr. Ritson Thomas. In the past the premises had operated 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 used to be permitted by the Licensing Act 1964 Section 182 dispensation though this was no longer possible under the 2003 Act. 4. BACKGROUND The application was advertised in the required manner 5. PROMOTION OF THE LICENSING OBJECTIVES The additional steps proposed by the applicant for the promotion to the licensing objectives were attached as Appendix 1 to the report 6. RESPONSIBLE AUTHORITY REPRESENTATIONS None were received 7. INTERESTED PARTY REPRESENTATIONS Representations had been received from persons living in the vicinity and were attached as Appendix 2 to the report 8. NOTICES AND SUPPORTING DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. 9. REQUEST TO CROSS EXAMINE Both parties requested the opportunity to cross examine 10. PRESENTATION BY APPLICANT Mr. Peter Moss of Gregsons Solicitors presented the case on behalf of the applicant. He advised that his was the only public house within the village and that the nearest other similar premises was the Blue Bell in Halkyn. Mr. Moss also advised that an application for planning permission for a change of use to a dwelling had been refused. The premises had reopened the previous week and much interest had been shown. Because of that interest there was probably a larger than usual clientele. On the opening night he also indicated that no objections had been received from the County Council, North Wales Police or the North Wales Fire and Rescue Service with only a few from the Village. He confirmed that his client Mr. B. Jones had experience of running other premises and had an excellent reputation. He suggested that the renovated public house would be an asset to the community. Mr. Moss also wished to reassure local residents that the applicant wished for quiet premises and basically any music played would be background music and occasionally piano playing if that was the wish of the local clientele. The Sub Committee was also informed that one of the objectors had since withdrawn his objections and in fact had contributed articles to be displayed in the public house. Mr. Moss concluded that this was a serious application from an experienced licensee who wished to run a quiet public house in a village environment. Mr. B. Jones, the applicant, supported the comments made on his behalf by Mr. Moss. 11. PRESENTATION BY INTERESTED PERSONS Mr. Isaac indicated that although there were only three objections from properties within the village they were the ones which were closest and most affected by the premises. Mr. Isaac confirmed that he had no doubt in Mr. Jones’ ability to run a public house and commented that an excellent job of renovating the premises had been undertaken. Mr. Isaac also commented that he welcomed the opening of the public house again but was concerned at the later hours. He accepted that there would be degree of noise when the premises closed and at the previously operated hours this was not a problem However he was concerned with the lateness of the proposed hours whereby he suggested that because the surroundings were quiet at that time of night noise carried and could create a disturbance although in normal circumstances it would not be regarded as excessive noise. Mr. Isaac also commented upon the difficulties with parking at the premises if there was a busy night which could also cause difficulties. In making his comments Mr. Isaac referred to the opening night on the Friday and accepted that there was bound to be a greater interest as it was the first night and accepted that this would not be a typical evening. Mr. Isaac was also concerned that with the later hours whether there would be people travelling from a further distance who would be able to drink later. In concluding his comments Mr. Isaac stressed he had no objection to the public house being opened and thanked Mr. Jones for reassuring him that he was doing his best for the premises in the proper way. 12. QUESTIONS AND CROSS EXAMINATION Councillor Diskin enquired from Mr. Isaac if there were any problems as far as he was aware when the premises was previously open. Mr. Isaac confirmed that he was not aware of any such circumstances. Mr. Moss suggested that any people who had stayed later to drink would be walking home and his client certainly did not wish to have youths in noisy cars visiting his premises. Mr Moss suggested that with the later hours that the customers would likely leave the premises over a greater period so there hopefully would be less noise generated and was one of the aims of the Licensing Act. Following advice from the Council’s Solicitor it was confirmed that the seating outside of the premises was not part of the application site and in the circumstances the consumption of alcohol outside the standard hours would not be allowed. In concluding Mr. Isaac indicated that he was more than prepared to give the premises a chance and hoped that the business succeeded. He indicated that he would hope to patronise the premises himself and his only concern was with the later hours and the possible disturbance that could be caused to him, his family and near neighbours. 13. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, the Council Solicitor and the Clerk. 14. DECISION The Sub-Committee agreed that the Application be as follows:- The sale of alcohol Sunday to Thursday -11:00 am until 12:00 midnight Friday and Saturday -11:00 am until 01:00 the following morning Late night Refreshments As above Music To finish at midnight on all occasions Closing Time The closing time of the premises is 30 minutes after the sale of alcohol times as set out above Additional conditions Notices to be displayed to ask customers to leave the premises quietly 15. REASONS The Chairman indicated that in making the decision of the Committee but felt that the hours granted with the conditions accurately reflected the provisions of the Licensing Act 2003. 16. ADDITIONAL COMMENT The Chairman thanked all those present for the courteous manner in which they had conducted the business and hoped that the applicant and the residents would work well together in the spirit of compromise. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 15th MAY, 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 755 -
