| Minutes: | LICENSING SUB COMMITTEE 19TH SEPTEMBER, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Monday, 19th September, 2005. PRESENT: Councillor J.J. Griffiths (Chairman) Councillors: A. G. Diskin and B. Dunn. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: County Secretary, Licensing Manager and Senior Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES: Sgt. C. Jones, North Wales Police. APPLICANTS/AGENTS: Mr. E. J. Benbow, applicant. INTERESTED PARTIES: Mrs C. Mayers-Jones.
1. APOLOGIES None were received. The County Secretary advised the Sub Committee that the North Wales Fire and Rescue Service were not present to outline their representation submitted which was detailed in Appendix 4. He advised Members that the meeting could proceed in their absence and the written representation be taken into account or it may be the case that the applicant could provide an update of the situation regarding the concerns raised by the North Wales Fire and Rescue Service. The Chairman asked the applicant if he was in a position to update the Sub Committee and Mr Benbow replied that, in line with the concerns raised by the North Wales Fire and Rescue Service, the emergency lighting had been replaced which was previously faulty and the passages, corridors and staircases were now free of obstruction. Also, Mr Benbow reported that he now ensured that fire exit doors were opened which were maintained by him. In light of the information provided by Mr Benbow, the Sub Committee agreed that the hearing should continue in the absence of the North Wales Fire and Rescue Service.
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 Potters Wheel, Buckley.
4. THE APPLICATION – The Potters Wheel, Brunswick Road, Buckley An application for a premises licence was submitted by Inn Court Licensing Consultants on behalf of the licensee Mr Ernest James Benbow. The premises was described as a large detached public house incorporating a large restaurant (100 covers), situated on a side road with limited neighbours. The premises had an outside drinking area and music was not piped out. The clientele was of a mixed generation. The premises currently operated the standard hours of 11:00am to 11:00pm Monday to Saturday and noon to 10:30pm on a Sunday. Recorded music or live music by a single performer or two performers together was permitted by the Licensing Act 1964 Section 182 dispensation. The premises also had a supper hour certificate which meant that alcohol could be served with food until midnight with the closing time 30 minutes later. The proposed hours for supply of alcohol were:- Monday to Sunday - 10:00am to 01:00am the following morning with Christmas Eve, Boxing Day and Bank Holiday Friday/Saturday until 02:00am the following morning. Regulated Entertainment including recorded music and dancing was proposed as follows: Live music Sunday to Thursday - Noon to midnight Friday and Saturday - Noon to 01:00am the following morning and until 02:00am on Christmas Eve, Boxing Day and Bank Holiday Friday/Saturday Plays, recorded music and dancing was proposed outdoors during daylight hours i.e. 10:00am to 6:00pm in winter and 10:00am to 10:00pm in summer.
5. BACKGROUND The application had been advertised. There had been representations from the North Wales Police, the North Wales Fire and Rescue Service and from persons living in the vicinity.
6. PROMOTION OF THE LICENSING OBJECTIVES The applicants’ proposals were attached as Appendix 1 to the report.
7. NOTICES AND SUPPORTING DOCUMENTS Representations had been made by the North Wales Police and the North Wales Fire and Rescue Service. These were shown at Appendix 2 and 3 to the report respectively. Representations were received from persons living in the vicinity and were shown as Appendix 4. Mrs C. Mayers-Jones was representing those people living in the vicinity and she was supported by Councillor A. Woolley.
8. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure:- (a) The applicant confirmed that they had no additional information to submit other than a statement outlining how he proposed to run his business. (b) The representative of the North Wales Police indicated that he had no additional information to submit. (c) The representative of the interested parties indicated that she had no additional information to submit. (d) 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 anything further to add to the papers in front of the Committee. The Licensing Manager confirmed that there was not.
11. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the application. Mr. Benbow presented the case. In opening his presentation Mr. Benbow referred to advice he received from Inn Court Licensing Consultants that all licensees should apply for the same operating times which were those outlined in the application. He in fact did not wish to work to the times applied for, only on special occasions when the supply of alcohol would be until 01:00am. He stated that he did not wish to change the application but merely wanted to provide the Sub Committee with an idea of how the premises would be run. Mr Benbow provided an example of when a special occasion had occurred in the past which was operated under the supper hour certificate. He said that special occasions in the premises were very few and far between. He was appreciative of the concerns raised by local residents, particularly those who were elderly, who did not want rowdy behaviour outside their properties.
12. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES North Wales Police Sgt Jones, on behalf of the North Wales Police said the representation was made under the Licensing Objective(s) of Prevention of Public Nuisance. It was the view of the Police that the supply of alcohol on Sundays to Thursdays inclusive should end no later than midnight, other licensable activities should end no later than 01:00am and the premises close no later than 01:00am. The supply of alcohol on Friday and Saturday should end no later than 01:00am, other licensable activities should end at 01:30am and the premises should close no later than 02:00am. The representation was due to the relatively close proximity of residential properties and the submission that persons leaving the premises at a late hour may reasonably cause a noise nuisance or disturbance to local residents. Whilst the premises was a community facility and some residents may wish to take advantage of any extra hours granted, some local residents had written to the Council to object and he felt it was the residents who were best placed to give any evidence. North Wales Fire and Rescue Service In the absence of a representative, Mr Benbow had provided the Sub Committee with information that stated he had addressed the issues raised in the original representation by the North Wales Fire and Rescue Service.
13. REPRESENTATIONS BY INTERESTED PARTIES Mrs Mayers-Jones, on behalf of the local residents, outlined the main concerns of those people living in the vicinity. She explained the location of the premises, which she lived directly opposite from, and which were also surrounded by residential dwellings. There were a large number of elderly people residing at Jubilee Court and Newthorn Place and she felt the quality of life of all concerned would suffer if the license was granted. She raised concerns over the policing of the area which she deemed to be already stretched and questioned whether extended licensing hours would increase cases of vandalism and anti-social behaviour. Mrs Mayers-Jones also referred to a letter from another local resident which addressed issues as those already outlined. At present the music stopped at 11:00pm but people were concerned about it continuing until 01:00am which they felt was unacceptable. Mrs Mayers-Jones asked what would happen to the premises and the license if Mr Benbow was to leave and was advised that any license granted would be attached to the premises and not the licensee. Mr Benbow said he was sympathetic to the area and it was not his intention to provide extended hours of opening on a regular basis. Music would only be on a Friday and Saturday and security staff was employed on those nights to assist with people leaving the premises. He said he would take on board any requests from the Police and emphasised that he did not wish to turn his premises into a nightclub. He also explained that the DJ’s employed in his premises used a noise inhibitor. Mrs Mayers-Jones confirmed that the noise inhibitor was effective and music had been at a more acceptable level recently. Mrs Mayers-Jones asked what the situation was when customers left the premises and Mr Benbow explained that the door staff encouraged people to move on and ushered them away from the premises. However, once customers had left the car park of the premises, they were on the public highway. Sgt. Jones indicated that he had no questions. In response to a question, Sgt. Jones confirmed that no reports of disturbance had been brought to his attention regarding the premises but as it was in close vicinity of other licensed premises, it was sometimes difficult to pin point where customers had vacated. Mrs Mayers-Jones, in responding to a question, said that Councillor Woolley found Mr Benbow to be very approachable and she would therefore be happy to contact him directly in the future if there were any issues. Mr Benbow was asked if he would be happy to amend the times in the application and he responded that he could operate until midnight anyway under the supper hour certificate. He would look to utilise the additional hour on special occasions only, which would be approximately six or seven time a year. The County Secretary advised Mr Benbow of the special events notices which allowed for up to 12 special days when extra hours could be applied for. The Licensing Manager advised Mr Benbow that there was a cost of £21 per application for a special events notice and Mr Benbow confirmed that he did not wish to alter the times stated on the application. The Licensing Manager sought clarification on the issue of outside recorded music and Mr Benbow confirmed that music was not piped outside and it was not his intention to do so.
14. FINAL PRESENTATIONS (a) Applicant Mr Benbow said he had nothing further to add. (b) North Wales Police Sgt. Jones asked for clarification regarding the supper hour certificate and the County Secretary advised that schedule 8 prevented the Sub Committee from interfering with that license. In summary, Sgt. Jones referred to the guidelines issues by the Department of Culture, Media and Sports, paragraphs 7.19, 7.39 and 7.40 and the Council’s own policy, paragraphs 1.9, 1.10 and 10.4 which related to premises in residential areas. (c) Interested Parties Mrs Mayers-Jones said the residents would be happy if the music was to cease at an acceptable time and that there was no general disturbance or aggravation.
15. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, County Secretary and the Clerk.
16. DECISION The Sub Committee agreed that the application be granted in accordance with the following terms and conditions: Supply of Alcohol Sunday to Thursday - 10:00am to midnight Friday and Saturday - 10:00am to 01:00am the following morning The closing time shall be 30 minutes after the above times. Regulated Entertainment Sunday to Thursday - 10:00am to 11:00pm Friday and Saturday - 10:00am to midnight Regulated Entertainment by way of music and vocal sound shall be limited at source by a suitable noise limiting device. Regulated Entertainment shall not take place outside the premises other than following the submission of a Temporary Event Notice. Non-Standard Timings New Year’s Eve - 10:00am – 10:00am the following day Christmas Eve - 10:00am – 01:00am the following day Boxing Day - 10:00am – 01:00am the following day Bank Holiday Mondays - 10:00am – 01:00am the following day Closing time shall be 30 minutes later. Fire Safety During the time that the premises were open to the public, all fire exit doors should be easily and immediately openable without the use of a key and shall be kept clear of obstruction both inside and outside. Notices Prominent, clear and legible notices should be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly. All details contained within the operating schedule regarding the noise limiter would be included in the license as would other details within that schedule.
17. REASONS (i) that no recorded complaints from North Wales Police had been received; (ii) the nature of the premises and the supper hour certificate it held; and (iii) the statement signed by the licensee, Mr Benbow, on how he intended to operate the premises. Approved DateLicensing Sub Committee - 789 - |
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