LICENSING SUB COMMITTEE 4th JULY, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on 4th July, 2005. PRESENT: Councillor L.A. Sharps (Chairman) Councillors A.G. Diskin and B. Dunn OFFICERS OF FLINTSHIRE COUNTY COUNCIL County Secretary, Licensing Manager and Democratic Services Manager. RESPONSIBLE AUTHORITIES - REPRESENTATIVES Sgt. Colin Jones - North Wales Police APPLICANT/AGENT : Alison Kenny (Licensee, Bridge Inn, Mold) B. Kenny, J.G. Coen (Ford & Warren Solicitors) and A. Thomas (Punch Taverns Plc.) INTERESTED PARTIES : M. Thomas, A. Thomas, E. Eves, R.E. Eves, J. Beavan, S. Lightfoot, P. Jones and B. Hughes. 1. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Committee considered the report of the Director of Environment & Regeneration which was presenting the by the Licensing Manager in respect of an application for a premises licence for The Bridge Inn, Mold. 2. THE APPLICATION - THE BRIDGE INN, MOLD An application for a Premises Licence had been submitted by Ford & Warren Solicitors on behalf of Punch Taverns Plc. The premises was described as a detached two roomed premises with an outside drinking area and no car parking. It currently operated to the standard licensing hours of 11.00 am to 11.00 pm Monday to Saturday and noon to 10.30 p.m. on Sundays (except for Christmas Day hours and the 36 hour opening period on New Years Eve / New Years Day that every premises was allowed). Recorded music or music by a single performer or two performers together was permitted by the Section 182 dispensation in the Licensing Act 1964. The Licensee was Alison Gretta Kenny Approved DateLicensing Sub Committee Background The Application was made and advertised in the prescribed manner The proposed hours for the sale of alcohol were:- Monday to Saturday - 11.00 a.m. to Midnight Sunday - Noon to 11.30 p.m. A further additional hour into the morning following every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend. A further additional hour into the morning following every Thursday, Friday, Saturday and Monday for the Easter Bank Holiday weekend. A further additional hour every Christmas Eve. A further additional hour every Boxing Day New Year’s Eve / New Year’s Day as existing An additional 10 minute drinking up time, to allow 30 minutes drinking up time after the last permitted sale of alcohol The above hours for the sale of alcohol would also be for recorded music, karaoke and live music limited to two performers. Promotion of Licensing Objectives The application contained the following information: Prevention of Crime and Disorder The premises was a detached building with no other pubs in close proximity. Most of the customers were local. The Licensee was an active member of the Pubwatch Scheme. Public Safety The Licensee had a Health & Safety Certificate and had carried out a full Discrimination Assessment at the premises and a Smoking Charter was in place. Approved DateLicensing Sub Committee Prevention of Public Nuisance The premises was a brick built property which retained sound very well. The premises had full double glazing and all windows were kept closed when live music was being performed. Meetings with neighbours were held. There were no other licensed premises in the vicinity and all customers were monitored as they left. Protection of Children from Harm Children were only permitted in segregated areas which were no smoking areas where there were no amusements with prizes machines. Children were only allowed on the premises when accompanied by adults. 3. NOTICES AND SUPPORTIVE DOCUMENTATION Representations had been made by North Wales Police which related to the Crime & Disorder and Public Nuisance Licensing Objectives and had been circulated as Appendix 1 to the report. Representations had been received from 13 residents in the vicinity and they related to the Crime and Disorder and Public Nuisance Licensing Objectives and were shown as Appendix 2 to the report. A location plan was also attached as Appendix 3 to the report. 4. SUBMISSION OF DOCUMENTORY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked Questions as determined in the procedure :- (a) The Applicants confirmed that they had no additional information to submit (b) The representative of the North Wales Police indicated that he had no additional information to submit (c) The representative of the interested parties confirmed that they had no additional information to submit (d) All parties requested the opportunity to cross-examine, if necessary. 5. 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. Approved DateLicensing Sub Committee 6. FURTHER INFORMATION The Chairman asked the Licensing officer to confirm whether or not there was anything further to add to the papers in front of the Sub-Committee. He confirmed that there was not. 7. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the application. Mr. Coen of Ford & Warren Solicitors presented the case. In presenting the information he referred to the significance of the Licensing Act and indicated that prior to the meeting he had visited the premises and met the Licensee who had been at the premises for seven months. He also indicated that he had spoken to Sgt. Colin Jones as the representative of the North Wales Police and had agreed to 1 and 2 of his recommendations, that recommendation number 3 was unnecessary and would be withdrawn and recommendation 4 and 5 were not applicable to this application. In presenting the evidence Mr. Coen referred to the comments, from residents and considered that the extended hours, if permitted, would alleviate the difficulties as customers would be leaving the premises at variable times. He confirmed that when music had been played the windows of the premises would be closed and to the fact that there had been no representations from the Environmental Health Department. 8. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES a) Representations by Interested Parties The interested parties were local residents who were concerned at the proposed amendments to the Licensing Hours. They had appointed Mr. Eves as their spokesperson who read out a statement. Mr. Eves referred to the residents of Bro Alun and premises near the public house and said that problems had already been experienced and the extended hours would increase the problem. The main objections were in respect of noise were this had and was continuing to disturb nearby residents who were finding it difficult to hear their own televisions and were having their sleep disturbed. He referred to incidents on 19th March 2005 at 10.50 p.m. when the noise was so loud that it was reported to Mold Police Station. On 23rd April, 2005 loud music was playing at a level where it was not possible for neighbours to listen to their own television. On 28th May 2005 when a “Hawaiian night” had been held and the music could be heard by someone walking on the leadmills playing fields. Recent problems had also included taxis arriving and sounding their horns to attract their customers at 02.00 am on 1st June 2005. Problems with the discarding of rubbish, bottles, cans etc. was also causing problems particularly in the entry way leading to Bro Alun. A notice was also being displayed that there would be a live music evening on the 23rd July 2005. Approved DateLicensing Sub Committee Mr. Eves also reported that The Bridge Inn had no car park facilities other than the public highway and cars parked alongside the public house and this was causing access difficulties. King Street was a busy route into Mold and parking in Bro Alun was causing a nuisance to residents. The loud music was also causing difficulties for Pensioners in the nearby flats. He also considered that the late night opening and music would entice other pub customers after they had closed. He said that this was a quiet residential area which would not be the case if the Licensing Hours were extended and it was considered that the problem would go on into the early hours of the morning. A number of residents had objected to this proposals and many had lived there for a number years and had not experienced any difficulties with previous licensees. b) North Wales Police Sgt. Colin Jones indicated that when North Wales Police were making comments on such applications it was necessary to balance the intention of the Government with the conditions of the new Act but also protect the interests of local residents. A number of representations had been received on the requested extended hours. He referred to the conditions that he had previously proposed and conditions 1 and 2 had been agreed by Mrs. Kenny and Mr. Coen. Following these conversations he had agreed that condition number 3 no longer applied as there were no receptacles outside the premises for the placing of refuse such as bottles. With regard to the 4th condition regarding noise or vibration emanating from the premises so as to cause a nuisance to nearby properties he suggested that the Committee may need to consider this against the evidence provided by Mr. Eves and the comments made by Mr. Coen. Sgt. Jones referred to previous meetings of the Sub-Committee when it had been made clear that participation in the local Pubwatch Scheme was not applicable as a addition to the Licence conditions. Mrs. Kenny was a member of the Pubwatch Scheme. In view of the Committee’s previous consideration it had been agreed with Mr. Coen that this condition was not applicable and was therefore withdrawn. In conclusion, Sgt. Jones suggested that condition numbers 1 and 2 be added to the Licence and the Sub-Committee had the safeguard of the review procedure if these conditions were not adhered to. 10. FINAL PRESENATIONS a) APPLICANT Mr. Coen, on behalf of the applicants Mr. Coen, referred the concern of the local residents and in particular to a letter of objection which had referred to an incident on 19th March 2005 when at 10.50 p.m. the noise was reported to Inspector Hannahoe at Mold Police Station. He understood that as there were no environmental representations and that there had been no Police contact made with the Licensee regarding this incident that residents could be oversensitive to the noise issue. He referred to a suggestion made that customers would leave other public houses in Mold Approved DateLicensing Sub Committee at their closing times to attend The Bridge Inn. He thought that this would be unlikely as The Bridge Inn would not be the only public house in Mold applying for extended hours. He referred to the guidance attached to the Licence and to the outside constraints which were not the Landlord’s responsibilities. These included car parking around Bro Alun and the depositing of litter which could not be attributed to the clientele of The Bridge Inn. Mr. Coen then responded to a question from the Chairman regarding the use of the beer garden attached to the public house. He said that under the current arrangements if a straight Conversion Licence was being issued this could be used until 11.20 p.m. However, under the new Licence application this would have to cease at 11.00 p.m. and he confirmed that the beer garden would not be used for outdoor music events and Karaoke. b) RESPONSIBLE AUTHORITIES i) North Wales Police Sgt. Colin Jones confirmed that contact had been made by local residents to Inspector Hannahoe on 19th March 2005. As a result, the Inspector had spoken to Mrs. Kenny on the concern from residents on the level of noise. In addition local liaison had taken place with the Community Beat Manager to monitor difficulties and no further incidents had been reported. Sgt. Jones indicated that the enforcement of noise was not a Police matter and was a Local Authority function. ii) Interested Parties Mr. Eves reported that as the premises had a low ceiling very often the doors were left open and this increased the sound emanating from the premises. With regard to the comments made that meetings had been held with residents he was not aware of any of these. 11. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, County Secretary and the Clerk. 12. DECISION The Sub-Committee agreed that the Application for the Licence, as submitted, be granted subject to the following conditions, as identified in the comments of the North Wales Police and accepted by the applicant. i) The normal hours under the terms of the Premises Licence at which licensable activities are permitted to take place should be displayed on or immediately outside the premises ii) Prominent, clear and legible notices should be displayed at all exists requesting the public to respect the needs of local residents and to leave the premises and area quietly. iii) That the use of the beer garden be allowed until 11.00 p.m. Approved DateLicensing Sub Committee 13. REASONS i) The nature and size of the premises and known client group ii) No recorded complaints from Environmental Health and North Wales Police 14. ANNOUNCEMENT All parties were invited to return and the Chairman gave the Sub-Committee’s decision and the reasons for it set out at 12 and 13 above. 15. SUPPLEMENTARY INFORMATION In conclusion, the Chairman said that he understood the concerns of the local residents but commented upon the provisions of the Licensing Act and how it was necessary to address the issues. He stressed the importance of the Review Procedure whereby, if there were any problems, the Licensing Sub-Committee could review the Licence. He advised the Licensee that all doors should be kept closed and to keep the level of noise down and to respect the neighbourhood and behave as a good neighbour to the other residents He also suggested that the Licensee should be more proactive with regard to litter etc. around the premises and finally, reminded the Licensee that this Licence would be kept under review Approved DateLicensing Sub Committee - 219 -
