LICENSING SUB-COMMITTEE 17th AUGUST, 2005 Minutes of the meeting of the Licensing Sub-Committee of Flintshire County Council held at County Hall, Mold on Wednesday, 17th August, 2005. PRESENT Councillor L.A. Sharps (Chairman) Councillors A.G. Diskin and M. Wright. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Assistant County Secretary, Licensing Manager and Democratic Services Manager. RESPONSIBLE AUTHORITIES - REPRESENTATIVES M. Hough and S. Neale, North Wales Fire and Rescue. APPLICANT/AGENT P. Gill (Punch Taverns plc). 1. APOLOGIES - None. 2. DECLARATIONS OF INTEREST - None were received. 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 Manager in respect of an application for a premises licence for The Red Lion, Hope. 4. THE APPLICATION – The Red Lion, Hope An application for a premises licence had been submitted by Ford & Warren Solicitors on behalf of Punch Taverns plc. The premises were described as a public house in the centre of Hope village on the main ‘T’ junction. It was a large public house with a main bar, supporting lounge and vault areas. A separate dining area and supporting kitchen, large car park and outside drinking area. The application related to variation in the form of an additional hour for alcohol sales with a further hour on Bank Holidays and Public Holidays. The closing time would be thirty minutes after these hours. Recorded music, live music limited to two performers and a karaoke was also sought to be carried through in line with the above hours. The Licensee was Mr. Didier Chupeau. 5. BACKGROUND The application was advertised in the required manner. There had been no representations other than from the North Wales Fire and Rescue Service. Promotion of the Licensing Objectives The public safety licensing objective in the application stated “working fire alarms, exit signs and fire fighting equipment are in place. Electrical certificates, health and hygiene reports completed. We have our own disability policy. Air extractors and smoke filters in place. Smoking policy and no smoking area identified”. 6. RESPONSIBLE AUTHORITY REPRESENTATIONS Representations had been made by North Wales Fire and Rescue Service in relation to the public safety licensing objective and this information was contained in Appendix 1 to the report. Interested Party Representations The Chairman confirmed that no representations had been received. 7. POLICY CONSIDERATIONS The Chairman referred to the Flintshire County Council’s Statement of Licensing Policy. 8. SUBMISSION OF DOCUMENTARY 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 representatives of the North Wales Fire and Rescue Service indicated that they had no additional information to submit. (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 and that each party would be granted up to twenty minutes to exercise their rights. 10. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES North Wales Fire and Rescue Service Mr. M. Hough, who was the County Safety Manager, said that the North Wales Fire and Rescue Service had been asked as a responsible authority to assess the proposed application for a licence. He confirmed that the application had been received on 24th June, 2005 and on 25th June he had visited the premises and carried out an inspection which had been completed and the information forwarded to Ford & Warren Solicitors on 12th July a copy of which was circulated with the report. Mr. Hough referred to a number of issues in relation to the operating schedule. Under the current licence, provision was made for recorded music and for the proposed licence it indicated live music and this was an issue for the Fire Authority. He then proceeded to outline the issues raised in his Fire Safety Report. Particular reference was made to the means of escape and to the double exit door from the dining area which needed to be easily and immediately openable from the inside when the premises were occupied, without the use of a key. Internally illuminated exit signs to conform with BS2560 at a height of 150 mm above the exit to Hawarden Road and from the bar to the car park were required to be provided. The reasons for this were that these were alternative exits other than through the main entrance. It was also proposed that a fire alarm of category M in accordance with BS5839 Part I : 2002 Fire Detection and Alarm Systems for Buildings be provided. This system would incorporate manual call points locations at exits and it was proposed that as a minimum one should be located in the kitchen, one by the main entrance and one at the bar. The other issue related to fire fighting equipment in the small store room and behind the bar which had been found to be obstructed. These obstructions needed to be cleared to ensure easy access to this equipment. It was also recommended that extinguishers should be located in conspicuous positions on brackets or stands. 11. FINAL PRESENTATION (a) Applicant Mr. Gill, on behalf of the applicants, questioned the merit of a condition being attached to the licence and said that the characteristics of the premises had not changed and the only difference in the licence application was an additional one hour. He explained that it was not proposed to have live bands or karaoke (and karaoke could be withdrawn if necessary). He clarified that all that was sought was the ability for the operator to carry over existing rights for live entertainment to be provided by a maximum of two persons, with no dancing. Mr. Gill referred to the existing regulations which covered public safety and argued the operating schedule had been in place for a long time without problems and questioned whether a condition was necessary. There was no difficulty in meeting the Fire Officer’s recommendations in respect of exiting the dining area and the recommendations for the fire fighting equipment and these were accepted. However, he opposed the recommendations 2 and 3 in respect of additional illuminated exit signs and the provision of a fire alarm being conditions of the licence. (b) Responsible Authorities North Wales Fire and Rescue Service Mr. Hough referred to his Authority’s determination of the application and said that the additional hour was not an issue for the Fire and Rescue Service. However, he referred to the licence application and that the variation stated that live entertainment would be provided. He argued that there was no guarantee that the premises would not have live music in the future. Mr. Hough emphasised that there was still a risk even with only two performers in the premises as these could attract large numbers of people. It was for this reason that it was recommended that illuminated exit signs and a fire alarm were being recommended and he emphasised that these were the minimum requirements and that other matters could have been recommended. He also explained that the conditions recommended were individual to the premises, and not standard conditions, and these were based on risk assessments undertaken. 12. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, Assistant County Secretary and the Clerk. 13. DECISION The Sub-Committee agreed that the application for the licence, as submitted, be granted subject to the conditions recommended by the North Wales Fire and Rescue Service and that recommendations be implemented by 24th November 2005, being the Second Appointed Day. 14. REASONS In promotion of the licensing objective relating to public safety, it was considered that all the recommendations of the North Wales Fire and Rescue Service should become conditions of the licence. 15. ANNOUNCEMENT All parties were invited to return and the Chairman gave the Sub Committee’s decision for the reasons set out at 13 and 14 above. Approved DateLicensing Sub Committee - 513 -
