LICENSING SUB COMMITTEE 20th JUNE, 2005 Minutes of the meeting of the Licensing Sub Committee held on Monday, 20th June, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A. Sharps (Chairman) Councillors A.G. Diskin and J.J. Griffiths OFFICERS OF FLINTSHIRE COUNTY COUNCIL County Secretary, Licensing Manager and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES Sgt. Colin Jones - North Wales Police APPLICANT: Mr. P. Hammersley 1. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The 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 Miners Arm, Church Lane, Gwernaffield. 1.) The normal hours under the terms of the premises licence at which licensable activities are permitted to take place should be displayed in the premises 2. THE APPLICATION - MINERS ARM, CHURCH LANE, GWERNAFFIELD An application for a premises licence was submitted by Mr. Phillip Hammersley in respect of the Miners Arms, Church Lane, Gwernaffield, near Mold. The premises was described as a village pub consisting of a bar and lounge. It currently operated the standard licensing hours of 11:00 am to 11:00 pm Monday to Saturday and noon to 10:30 pm on Sunday The application was made and advertised in the prescribed manner The proposed hours for sale of alcohol were : Monday – Thursday 11:00 am to 01:00 the following morning Friday & Saturday 11:00 am to 02:00 the following morning Sunday noon to 11:30 Christmas Eve 11:00 to midnight The premises would close ½ hour after the above mentioned times Approved DateLicensing Sub Committee Live and recorded music was proposed from 11:00 am to midnight each day except Sunday (11:00 pm) Promotion of Licensing Objectives The application contained the following information : Prevention of Crime and Disorder - close supervision is exercised at all times Public Safety - premises maintained in good order and safe condition. Fire exits kept clear at all times Prevention of Public Nuisance - noise levels will be kept at a sensible level at night. Windows and doors kept shut at night Protection of Children from Harm - Children will only be allowed in if supervised by an adult 2.) 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 3. NOTICES AND SUPPORTING DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. Mr. P. Hammersley, the Applicant, had confirmed in writing that he would be attending. 3.) The placing of refuse, such as bottles, into receptacles outside the premises should take place at times that will minimise the disturbance at nearby properties. 4. SUBMISSION OF DOCUMENTORY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure :- (a) The applicant indicated that he had letters of support from the local residents (b) The representative of North Wales Police indicated that the had no additional information 4.) Noise or vibration should not emanate from the premises so as to cause a nuisance to nearby premises. 5.) The premises should be a member of the local pubwatch scheme 6. HEARING AND DETERMINATION OF THE APPLICATION The Chair advised that the Sub-Committee would proceed to hear and determine the application by reference to the four Licensing Objectives and each party would be granted up to 20 minutes to exercise their rights. 7. 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. Approved DateLicensing Sub Committee 8. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the application. The applicant did this and read out to the Sub-Committee a number of letters from local residents who indicated their support for the application. The Chairman referred to the North Wales Police’s response to the consultation and the five conditions that they recommended should be attached to any approved licence. The applicant confirmed that he had no objection in complying with these conditions. He stated that he already displayed a number of the notices sought and that he was an active member of pubwatch The applicant also confirmed that it was not his intention to open for the full range of the requested hours at all times. 9. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES i) NORTH WALES POLICE Sgt. Colin Jones presented the reasons why North Wales objected to this application. In opening his presentation Sgt. Jones sought clarification that the applicant had accepted the five conditions in his response letter and if this was the case it would considerably cut down the time it would be necessary for him to present his evidence. Although this had been confirmed the County Secretary asked Sgt. Jones if he would be happy for the sign indicating the licensing hours to be displayed within the premises which complied with the relevant legislation, and not to request the sign outside the premises advising of the extent of the opening hours. The applicant had confirmed that he did not wish for such information to be displayed outside the building as it would give him a greater degree of management control of the premises and this was accepted by Sgt. Jones The thrust of the concern related to the fact that the application related to a substantial increase in the hours of opening and Sgt. Jones suggested that this may cause nuisance in the area because of the noise generated when people leave licensed premises and an increase in traffic generally. In presenting his evidence Sgt. Jones confirmed that the premises had not caused the Police any problems in the past and they had not been called to any incidents. Sgt. Jones referred to the plan where the beer garden was shown and sought clarification on its operating hours. 10. FINAL PRESENATIONS a) APPLICANT Initially in response to the point raised by Sgt. Jones the applicant advised that the beer garden was generally open until dusk. He also indicated that the vast majority of his customers were local villagers who walked to and from the premises so there should not be a resultant increase in vehicles. He re-iterated that it was not his intention to open the extent of the hours on other occasions. b) RESPONSIBLE AUTHORITIES Sgt. Colin Jones indicated that he had nothing to add to his statement but just asked that strong consideration be given to the points raised. Approved DateLicensing Sub Committee 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 imposition of the following conditions 13. REASONS 1.) The nature and size of the premises and the known client group. 2.) No recorded complaints from the public 3.) Location of the premises 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 The Chairman following his announcement of the decision advised Sgt. Colin Jones that the Sub-Committee were well aware of the Police’s problems in dealing with such applications and the reasons why they had submitted their comments. However he wished it to be stressed that by granting this application it in no way set a precedent and each application would be considered on its merits and the comments of the North Wales Police would be seriously taken into account for each application. Approved DateLicensing Sub Committee - 198 -
