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.F. Jones 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. APPLICANT / AGENT Mr. J. Carney INTERESTED PARTIES Mr. Peter Williams from Gamlins Solicitors (Rhyl) representing three families who had made representations. 1. DECLARATIONS OF INTEREST (Including Whipping Declarations) None were received 1. Regulated Entertainment Monday to Thursday - 11:00 am to 11.30 pm Friday and Saturday - 11:00 am to Midnight Sunday - Noon to 11:00 pm 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 Huntsman, Whitford. 2. Sale of Alcohol Monday to Thursday - 11:00 am to 11.30 pm Friday and Saturday - 11:00 am to 01:00 am the following morning Sunday - 11:00 am to 11:30 pm 3. Late Night Refreshments Monday to Thursday - 11:00 pm to 11.30 pm Friday and Saturday - 11:00 pm to 01:00 am the following morning Sunday - 11:00 pm to 11:30 pm 3. THE APPLICATION An application for a Premises Licence was submitted by Mr. J. Carney. The premises were described as a village pub consisting of a bar/lounge and restaurant. The premises currently 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 was permitted in line with the above hours. The proposed hours for sale of alcohol were:- Monday to Sunday - 11:00 am to 1:00 am the following morning Recorded music was proposed in line with the above hours, together with facilities for dancing and entertainment of a similar description. The closing time would be 60 minutes later The proposed hours for Live music were:- Friday – Monday - Noon to midnight Tuesday – Thursday - 9.00 to midnight Live music was not proposed to take place every night; it was to be used for occasional functions. Provision of facilities for making music was proposed in line with the hours for Live Music The proposed hours for Late Night Refreshments were Monday – Sunday - 11:00 pm to 01:00 am the following morning 4. Closing time Closing time of the premises is thirty minutes after the Sale of Alcohol times as set out above. 4. PROMOTION OF LICENSING OBJECTIVES The steps proposed to promote the Licensing Objectives were shown as Appendix 1 to the report. 5. Conditions (i) Prominent, clear and legible notices must be displayed outside the premises requesting taxi drivers to refrain from sounding their horns. (ii) No children under the age of 16 shall be allowed on the premises after 9.00 pm. (iii) Prominent, clear and legible notices must be displayed at all exists requesting the public to respect the needs of local residents and to leave the premises and area quietly. (iv) Windows and doors, save for entrance and exit purposes, shall be kept closed when regulated entertainment is taking place to ensure noise levels are contained. (v) The placing of refuse, such as bottles, into receptacles outside the premises shall take place at times that will minimise the disruption to neighbours. 5. PROCEDURAL ISSUE Mr. Williams on behalf of the interested parties raised a procedural issue at the commencement of the meeting. He referred to sections of the provisions of the Licensing Act and expressed a view that the notices had not been displayed in the proper manner. He expanded upon this point. The Chairman sought clarification of the display of notices and was happy for the hearing to proceed. 6. NOTICES AND SUPPORTING DOCUMENTATION Representations had been made by North Wales Police and these were attached as Appendix 2 to the report. Representations had also been received from persons living in the vicinity and were shown as Appendix 3 to the report. 7. SUBMISSION OF DOCUMENTARY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure :- (a) The applicant confirmed that he did not have any additional information to submit. (b) The representative of North Wales Police indicated that he had no additional information to submit. (c) The representative of the interested parties indicated that he had no additional information to submit at this stage (d) All parties requested the opportunity to cross examine if necessary 8. 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 and that each party would be granted up to 20 minutes to exercise their rights. 9. PRESENTATION BY THE APPLICANT The Chairman invited the applicant Mr. J. Carney to present his case. In opening his presentation Mr. Carney indicated that he was keen to run a good establishment and did not wish to upset any residents. He explained the background to him taking over the premises which he indicated had been run down and that he had closed the premises for two weeks to ensure that the building was safe before continuing to trade. He referred in particular to the concerns raised by interested parties regarding the playing of music. He indicated that it was not his intention for music to be rock bands but that he would be singing himself. Mr. Carney explained that he was a professional entertainer and had toured the world making use of his musical talents. Mr. Carney referred to a petition that he had seen, the contents of which he felt was misleading and did not accurately reflect the intention for the future use of the public house. He indicated it was certainly not his intention to have inappropriate entertainment and be open for 24 hours. Mr. Carney indicated that he had completed the application form based on the advice that he had received from Licensing Officers who took cognisance of the provisions of the Licensing Act as it was. Mr. Carney further suggested that if the residents who had concerns had contacted him the problems could have been addressed in an informal manner. Mr. Carney further explained that it was his intention to be singing at the weekends in the main and only between the hours of 10:30 and 11:30. In concluding his presentation Mr. Carney stressed that he wished to work with the local people and did not wish to upset anybody and encourage a family atmosphere in the premises. 10. REPRESENTATIONS BY INTERESTED PARTIES In opening his Statement Mr. Williams on behalf of his client referred to a statement by the applicant whereby he wished to sing only between the hours of 10:30 and 11:30 pm which he felt was not reflected in the application. Had it been so he suggested that there may well not have been a need for a hearing. Mr. Williams expanded upon his concerns regarding the lateness of hour for the playing of music and what this could entail. He also referred to the facilities for dancing at the premises. Mr. Williams indicated that his clients accepted that the pub was an integral part of the village and referred to the situation of his clients’ properties. He referred to incidents whereby vehicles, which he understood were at the premises, were causing traffic obstructions near his clients’ premises. He also referred to particular incidents whereby doors of the premises were left open and the noise could be heard by the occupier of Ivy House, one of his clients. Mr. Williams also expressed concern relating to taxis arriving late at night and sounding their horns again causing distress to residents. He also referred to an incident whereby it was necessary to contact the police and he provided the incident number relative to this. One of his clients indicated that children have thrown stones from the premises towards her garden but it was accepted that Mr. Carney may well not have been aware of this. Mr. Williams in taking account the Licensing Objectives of the Act suggested that the hours of operation should be similar to those granted by the Sub Committee for the Red Lion in Llanasa. He provided exact details of the hours at those premises. 11. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES North Wales Police Sgt. Colin Jones in presenting his evidence advised that the premises was located in a rural area with very little through traffic late at night and with residential properties in close proximity to all sides. Whilst taking into account the provisions of the legislation for the relaxation of hours it was nevertheless admitted that he exercise of licensable activities for the hours contained in the application and the egress of customers from the location by vehicle or on foot could lead to incidents of complaint or public nuisance. Sgt. Jones suggested a reduction in the hours requested by the applicant and also a number of conditions that should be attached to any variation of the licence. He also confirmed that he was aware of the incident referred to by Mr. Williams. 12. QUESTIONS / CROSS EXAMINATION Mr. Carney explained that he had held a number of premises within Flintshire and had taken them over when they were not a in a particularly healthy state and turned them into a successful businesses. He explained that he had been approached by a resident regarding an occasion when she felt noise was too loud. Mr. Carney indicated that he fully understood the concerns of the person concerned and rather than just turn the music down he turned it off altogether. Mr. Carney also acknowledge the point regarding the disposal of bottles into the skip and agreed that this should be done so as to avoid the disturbance of residents. With regard to noise from a taxi sounding its horn Mr Carney indicated when the incident occurred he went out and spoke to the taxi driver concerned, contacted the company and advised that he would encourage customers from the premises not to use that company if they persisted in sounding the horns when they came to collect clients from his premises. The Chairman referring to the provisions of the Licensing Act regarding the protection of children from harm enquired what Mr. Carney policy was relating to young people in the premises. Mr. Carney insisted that he always insisted on adult supervision and that he would be encouraging them to leave early in the evening. Mr. Carney suggested that it was a village pub and it was his intention to provide a good restaurant. He indicated that he had an excellent chef who in fact had accompanied him to today’s meeting. The Chairman also indicated that it was the intention of the Licensing Committee to act in a responsible manner and that they would not tolerate abuse of the provisions of the Licensing Act and referred in particular to the review procedure. 13. FINAL PRESENTATIONS (a) Mr. Carney reiterated that he did not wish to upset anyone but merely run a good premises which would be well received in the village. He indicated he did not have a beer garden but merely a few tables near the entrance to his premises. He indicated that if he did have beer garden in the future it would be properly maintained and managed. He also gave a view on the incident referred to which had been addressed by the Police. Mr. Carney felt that comments relating to the clientele at the premises was unfortunate and indicated that there were a cross section of customers from all walks of life who enjoyed socialising together. Mr. Carney also expressed a view that an attractive public house would be a better option than the premises being boarded up if it was not successful or alternatively used for the type of housing which would not be commensurate with the village. 14. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, Solicitor and the Clerk 15. DECISION The Sub Committee agreed that the application be granted as follows;- 16. REASONS (i) That the permitted hours granted were appropriate for a premises in a rural setting (ii) The views of North Wales Police were taken into account 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 - 771 -
