LICENSING SUB COMMITTEE 31st JULY, 2006 Minutes of the meeting Licensing Sub Committee of Flintshire County Council held in County Hall, Mold on Monday, 31st July, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors J.J. Griffiths and D.E. Wisinger. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Solicitor (Mr. Damien Gaskell), Committee Administration Manager and Licensing Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVE Sgt. Colin Jones - North Wales Police A. Fuller - Pollution Control Manager, Flintshire County Council R. Johnson - Senior Environmental Health Officer, Flintshire County Council P. Foster - Environmental Health Officer, Flintshire County Council APPLICANT / AGENT Mr. Adam Davies 1. DECLARATIONS OF INTEREST (Including Whipping Declarations) None were received. 2. DEFERMENT OF MEETING At the commencement of the meeting the Chairman received a message that the applicant would be approximately 30 minutes late but would like the opportunity to present his case. The Sub Committee agreed to a 30 minute deferment to allow the applicant to arrive. 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 Officer in respect of an application for a premises licence for Y Pentan, 3 New Street, Mold. 4. THE APPLICATION An application for a Premises Licence variation was submitted by Adam Davies in relation to Y Pentan, 3 New Street, Mold. The premises operated to the following hours: Monday to Thursday - 10:00 am to Midnight Friday and Saturday - 10:00 am to 01:00 am the following morning Sunday - Noon to 01:00 am the following morning These hours applied to the sale of alcohol and regulated entertainment. The premises closed 30 minutes after the times outlined above. The hours proposed for sale of alcohol were Monday and Tuesday - 11:00 am to midnight Wednesday to Saturday- 11:00 am to 03:00 am the following morning Sunday - 11:30 am to 03:00 am the following morning These hours would also apply to recorded music, dancing and late night refreshments. The proposed closing time was 30 minutes after the alcohol supply hours outlined above. The Licensee was Mr. Adam Davies. 5. BACKGROUND The Application had been advertised and there had been representations from North Wales Police and Flintshire Pollution Control Section and these were attached as Appendix 2 to the report. There were also interested party representations from persons living in the vicinity and these were shown as Appendix 3 to the report. 6. PROMOTION OF THE LICENSING OBJECTIVES The additional steps proposed for the promotion of the Licensing Objectives submitted by the applicant were shown as Appendix 1 to the report 7. NOTICES AND SUPPORTING DOCUMENTATION The Licensing Officer confirmed that the relevant Notices had been served. 8. SUBMISSION OF DOCUMENTARY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure :- (a) The applicant confirmed that he had no additional information to submit (b) The representative of North Wales Police had supplied an updated list in relation to incidents at the premises and Officers of Flintshire Pollution Control Section indicated that they had information relating to the most recent check on the premises which they had undertaken the weekend preceding the meeting of the Sub Committee. (c) All parties requested the opportunity to cross examine if necessary. 9. 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 10. FURTHER INFORMATION The Chairman asked the Licensing Officer to confirm whether or not there was any further to add to the papers in front of the Committee. The Licensing Officer confirmed that there was not, other than that identified in (8) above. 11. PRESENTATION BY THE APPLICANT The Chairman invited the applicant to present the application and Mr. Davies presented the case. In opening his presentation Mr. Davies expressed his thanks to the staff of the Environment Health Department for their advice in relation to control of noise. Mr. Davies further explained that the nature of the premises was for younger clientele within the age range 18 to 35 years. He further explained that it was later in the evening when he picked up his business and that was the reason for his request for an extension for hours until 03:00 am. Mr. Davies indicated that he employed registered door staff who had been actively involved in eliminating problems on the premises and there was a zero tolerance towards drugs or binge drinking. Mr. Davies commented about the issues relating to noise and that decibel metres had now been installed in the premises at the premises and at the request of the Environmental Health Department. He had also changed the door of the premises again on their advice. In commenting upon the list of incidents circulated by North Wales Police Mr. Davies explained that number of those related to the time before he had taken over the premises which was approximately 9 weeks previously. Although he had requested the premises to be open until 3:00 am he indicated that no-one would be allowed admission after 1:30 am. He indicated that he very much wished to regenerate the premises which he felt had considerable potential and to move it away from the reputation it had gained previously. Mr. Davies indicated that he had received a number of compliments since he had taken over the premises from the clientele and in particular the effective role undertaken by his door supervisors. He also expressed a wish to work closely with the Council and referred to a previous working relationship with the County Council in the Wrexham area where he indicated that he had been involved in the licensing trade. 12. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES North Wales Police Sgt. Jones indicated that objections were made to the application under the Licensing Objectives on the prevention of Crime and Disorder Public Safety and Prevention of Public Nuisance. Sgt. Jones explained that there had been a number of alcohol related incidents of drunken behaviour, violence and public disorder associated with the premises in recent months. In this respect he had circulated with his report a schedule of incidents occurring since the commencement of the new legislation. He confirmed that a number of incidents took place near to the end of the hours permitted under the current licence. Sgt. Jones confirmed that the premises tended to attract a clientele from the younger age bracket late in the evening. In presenting the evidence he felt that the granting of a variation would lead to an increase of incidents associated with the premises late in the night. He expressed a view that persons leaving the premises in the town centre at a later hour, often under the influence of alcohol would cause further difficulties as identified in the licensing objectives and create disturbance and noise to members of the public. From a policing point of view, he advised, the hours requested in the application would lead to additional unreasonable demands upon resources late in the night when staffing levels were lower than at an earlier hour. He explained the area of coverage by the Police and felt that the supervision of this area in the immediate vicinity would detract from Police coverage of other areas and attendance at other incidents. He suggested that any variation granted to this licence would undoubtedly lead to an influx of similar applications from other local premises with an associated increase in local problems. Sgt. Jones had also provided an update at the meeting of any incidents that had occurred. The Chairman invited Mr. Davies to ask questions of Sgt. Jones. Mr. Davies reported that he had been visited on an informal basis by an Officer of the Drug Squad and expressed his commitment to work closely with him. Mr. Davies advised that the previous CCTV system was inadequate and he had arranged for the installation of an infra-red system which was an expensive option but he felt would provide assistance with the security of the premises. He reported upon initiatives that his door staff had undertaken to ensure that people left the premises quietly. With regard to drink related incidents he had stopped the sale of certain drinks which were usually related to binge drinking. He had reviewed the pricing policing of certain drinks with a view to a more controlled approach to drinking. Pollution Control Section, Environmental Health, Flintshire County Council Mr. Andrew Fuller presented the case on behalf of the Pollution Control section and detailed the history of noise related complaints from the premises. He had catalogued these as part of his evidence. Mr. Robert Johnson, as Senior Environmental Health Officer, had visited the premises the weekend immediately prior to the meeting of the Sub Committee and detailed the outcome of his findings which had resulted in sound pollution over the evening which could be heard some distance away in New Street. He also referred to groups of youths congregating outside the premises for some time. Mr. Fuller accepted the point that Mr. Davies had provided a new door and was installing a noise control system. The Chairman invited Mr. Davies to ask questions to Mr. Fuller. Mr. Davies indicated it was his intention to install air conditioning which would negate the need for windows to be opened during the hot weather. With regard to bottle bins he was not aware that this was a problem and that he would address this by arranging for them to be disposed of the following day. 13. QUESTIONS BY THE SUB COMMITTEE The Chairman invited Mr. Gaskell to ask questions of the applicant. Mr. Gaskell referred to Mr. Davies’ Statement regarding the professionalism of his door staff but noted that people who had been removed from the premises had required hospital treatment. Mr. Davies explained the particular circumstances relating to this and how the incidents occurred. He maintained that the incidents were dealt with as professionally as possible in very difficult circumstances. He stressed that he did not wish that type of customer who was violent in nature to be associated with the premises. Mr. Davies reiterated the view that he had already received many compliments about the door staff and the polite manner in which they undertook their duties. Mr. Davies indicated he had also introduced a dress code to the premises which had also assisted in the greater control of clientele. The Chairman then invited the Members of the Sub Committee to ask questions to Mr. Davies. Councillor Wisinger was concerned at the number of incidents detailed with the evidence and the delay with the installation of the CCTV cameras. The Chairman expressed his concern at the seriousness of some of the incidents detailed in the report of the North Wales Police which he felt could be particularly intimidating. He also referred to the concern of the nearby residents whose views had been submitted as objectors to the application. With regard to the particular incidents raised by the Chairman, Mr. Davies explained that when the Police had problems with the person concerned the door staff had offered to assist but the Police indicated that they were happy to deal with the situation themselves. 14. SUMMING UP BY THE APPLICANT The Chairman invited the applicant to sum up. Mr. Davies indicated that he wished to run a good premises which would meet the local need. He suggested that the premises that he would control would be nothing like the premises that had caused problems in the past. 15. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, Solicitor and the Clerk. 16. DECISION The Sub Committee agreed that the application be refused in view of the representations from North Wales Police, the Environmental Control Section of Flintshire County Council and the fact that the measures suggested for dealing with certain issues were not yet in place. 17. ADDITIONAL COMMENTS The Chairman indicated that work would continue in consultation with North Wales Police and Officers of the Environmental Health Department to ensure compliance with the conditions of the existing Licence. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 31st July 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 770 -
