Agenda, decisions and minutes

None.

None.

To receive any Declarations and advise Members accordingly.

None were received.

None were received.

The Chairman explained the procedure for the hearing and detailed the order in which speakers would be able to address the panel.

That the application to vary the existing Premises Licence at the Nant Inn, Buckley, be granted to include an external bar with all licensable activities and service ceasing at 9pm as agreed, subject to the following conditions:

·         A digital, colour, hard disk CCTV system must be installed and maintained in good working order.  Recordings to be kept for a minimum of 28 days and made available for inspection by the Police or Local Authority upon request and be processed in accordance with data protection legislation.

·         The CCTV camera to cover the external bar servery area.

·         A member of staff must be trained in the use of the CCTV system with the knowledge and capability to download footage at the request of the Police or Local Authority in accordance with data protection legislation.

·         When in use, the external bar servery area will be supervised at all times.

·         Live/recorded music only to be permitted in the outside space on 12 days per annum.

·         Environmental Protection at Flintshire County Council to be given 14 days’ notice of any such events.

·         Details of entertainment/artists to be recorded in the premises’ incident book.

·         External monitoring in proximity to the local residents to be undertaken by management (and recorded in the incident book) during the course of any sound check or at the commencement of the entertainment.

·         Remedial measures to be taken in the event that management conclude levels are excessive.

·         Entertainment to be limited to 9pm.

• Local residents, Ward Members, Flintshire County Council’s Pollution Control officer be invited to meet with the Designated Premises Supervisor and other staff management of the premises on a six monthly basis to be hosted by the applicant at the premises.  Invitations to Ward Members to be arranged through the Licensing section of Flintshire County Council.

The Licensing Officer presented the report of the Chief Officer (Planning & Environment) to consider and determine an application under the Licensing Act 2003 to vary an existing premises licence at the Nant Inn, Padeswood Road, Buckley to include an external bar.  He clarified that the application did not relate to the playing of live or recorded music on the licensed premises as this was already permitted under the legislation without the need for a separate licence.

Following written representations by North Wales Police, the applicant had accepted a proposed change to cease all licensable activities at the external bar at 9pm (as opposed to 11pm), along with conditions for CCTV provision as set out in Appendix C to the report.  It was on this basis that North Wales Police raised no objection to the application.

The Licensing Officer clarified that any subsequent conditions agreed at the hearing would be enforced by the Council’s Licensing section.

A representation received from a local resident had subsequently been withdrawn after they were notified that this could not be made anonymously.

The Council’s Environmental Protection section had raised an objection to the outdoor entertainment part of the application due to a considerable number of complaints received in response to an outdoor event at the premises earlier in the year and the proximity of the venue to nearby housing.

4.1       Representations by the Applicant

Speaking on behalf of the applicant, Mr. Phipps advised that the application sought permission for an external bar servery in the garden of the premises. Mr Phipps proposed that the servery would cease at 9pm.  He explained that as the proposals by North Wales Police had been accepted by the applicant, the only remaining objection was from Mr. Foster whose objection was in respect of ‘the outdoor entertainment part of this application’.  Mr. Phipps pointed out that this was not a feature of the application due to the exemption within the Live Music Act 2012 which allowed for circumstances in which licensed premises could provide live/recorded music.  Despite this entitlement applying all year round, he advised that music would only be played at the external bar no more than 12 days per year, during the summer period.  As further reassurance, he said that sound levels would be monitored and that written notice would be given to the Licensing Authority two weeks in advance of such occasions.  He suggested that these additional conditions could be attached to the licence, if granted.

Discussion between Mr. Foster and Mr. Phipps on the interpretation of the exemption in the Live Music Act 2012 resulted in Mr. Foster agreeing that his objection should not be based around this as it did not apply in this case as the legislation permitted live entertainment including live performance and recorded music at premises until 11pm in any event.

Mr. Foster’s subsequent concerns and representations were based around statutory nuisance, public nuisance in the context of noise. Representations were made about complaints received by Pollution Control in April 2017 and  ...  view the full minutes text for item 4.