LICENSING SUB COMMITTEE 26th SEPTEMBER 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held on Monday, 26th September 2005 in County Hall, Mold, Flintshire. PRESENT: Councillors S.R. Baker, J.J. Griffiths and M.G. Wright OFFICERS OF FLINTSHIRE COUNTY COUNCIL Assistant County Secretary, Licensing Manager and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES Sgt. Colin Jones - North Wales Police Mr. R. Johnson - representing Environmental Health (Pollution Control) APPLICANT/ AGENTS : Mr. R. Mossman (Lessee Mancot Sports and Social Club) 1. DECLARATIONS OF INTERESTS There were no declarations of interests 2. APPOINTMENT OF CHAIRMAN Resolved: That Councillor M.G. Wright be appointed Chair of the Sub Committee for this meeting. 3. 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 the Mancot Sports and Social Club. 4. THE APPLICATION - Mancot Sports and Social Club, Mancot. The application for a premises licence (conversation and variation) had been made by Mr. Ronald Gorton. The premises was described as a two storey building with a single storey extension which was used as a Concert Room. The premises operated to the standard hours of 11:00 a.m. to 11:00 p.m. Monday to Saturday and noon to 10:30 p.m. on a Sunday. The premises was formerly a Registered Club but was currently operated as a Proprietary Club and held a Justices’ Licence with conditions attached. These were shown at Appendix 1 Live music, recorded music and dancing had been provided for members and guests. No public entertainment licence was required because by definition, only members and their bona fide guests could be admitted (and not the general public). The hours proposed for the supply of alcohol and regulated entertainment were Sunday - 11:00 a.m. to Midnight Monday to Saturday - 11:00 a.m. to 01:00 a.m. the following morning Christmas Eve, Boxing Day and New Year’s Eve to 02:00 a.m. the following morning The closing time was proposed as 30 minutes later The licensee on the application was Mr. Ronald Gorton. Mr. R. Mossman explained that he had recently taken over the lease of the premises. However the current licensee Mr. R. Gorton would remain in place until the premises licence has been agreed. 5. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES i) North Wales Police Representations were made by North Wales Police and were shown as Appendix 3 to the report. It was understood that the applicant accepted the Police proposals and an email to this effect was shown as Appendix 4 to the report. ii) Flintshire County Council’s Environmental Health Department Representations were received from the Pollution Control Section of Flintshire County Council’s Environmental Health Department and these were shown as Appendix 5 to the report 6. REPRESENTATIONS BY INTERESTED PARTIES Representations had been received from persons living in the vicinity and were shown as Appendix 6 to the report. 7. PROMOTION OF LICENSING OBJECTIVES The applicant had identified additional steps and these were identified as Appendix 2 to the report 8. NOTICES AND SUPPORTIVE DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. 9. SUBMISSION OF DOCUMENTORY 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 (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. The Sub-Committee agreed the request from the parties to cross examine 10. 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 that each party would be granted up to 20 minutes to speak. 11. 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. 12. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the Application. Mr. Mossman presented the application on behalf of the current licensee and explained his status at the club, namely that he had taken over the licence the previous week. Mr. Mossman reported that he lived a few doors away from the premises and had been in the area for 24 years so he understood the concerns of nearby residents. He was aware in particular of noise emanating from rock nights on the premises and it was his intention for these to cease. He also indicated that it was the intention to arrange for a greater degree of supervision of the premises and that his son was a registered door supervisor and that it was the intention for the premises to be run as a family business. Mr. Mossman indicated that he knew most of the residents who lived nearby and wanted to work with them and to keep the noise to a minimum as he did not wish to cause them any disturbance. Councillor S.R. Baker sought clarification of the hours requested by Mr. Mossman and he confirmed that he was happy to abide by the recommendations of the Police as detailed in their representation. The Assistant County Secretary sought confirmation that he was happy to accept those hours and that it was his intention to stop the rock nights. She further enquired about other arrangements to keep the noise down. Mr. Mossman indicated that the doors would be kept closed and supervised when there was a function in the premises. He also advised of the type of entertainment that would be provided which would be typically a comedian or traditional pop groups. He also confirmed that air conditioning would be in place. Following a further question Mr. Mossman indicated that the music usually would stop at 11:00 p.m. Mr. Mossman again reiterated the view that he would do as much as he could to alleviate problems for residents. 13. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES i) North Wales Police Sgt. Colin Jones referred to the hours identified in his response and again Mr. Mossman confirmed his acceptance of these. In making his comments Sgt. Jones advised that the premises was in fact surrounded by residential properties on four sides. He took cognizance of the views expressed by the residents and suggested the Committee may wish to consider these when determining the application. In making his comments Sgt. Colin Jones indicated that when North Wales Police were making comments on such application it was necessary to balance the intention of the Government and the conditions of the new act but also protect the interests of local residents. In making these comments he referred to the guidelines issued by the Department of Culture and Media and Sport and the Council’s own Licensing Policy. ii) Pollution Control Manager Mr. Robert Johnson as Senior Environmental Health Officer in the Food Pollution Control Section made his presentation. In making that presentation Mr. Johnson advised of a number of incidents which had been investigated by his department relative to noise nuisance. He expanded upon each of these for the benefit of the Sub Committee, Mr. Mossman confirmed his view that he would do all he can to limit the noise and again referred to the main source of complaint which was the rock nights which he intended to stop. He also commented about details of incidents in the car park when people were leaving their cars but not attending the premises and the Assistant County Secretary advised that the car park was in fact his responsibility. Mr. Mossman asked what he would be required to do to help prevent the nuisance of noise. Mr. Johnson explained that it would be necessary for a limiter to be provided which would allow music to be automatically switched off if it went above a certain level. He explained how this operated and how there may be some difficulties at the premises. If the limiter did not address the problem it would be necessary for the building itself to be improved. iii) Interested Parties - Ms. Louise McDonough Ms. McDonough had submitted written representations as had a number of other residents relating to this application. In opening her presentation Ms. McDonough was reassured by the comments of Mr. Mossman that he intended to address many of the problems. She expanded upon her concerns and particularly the possibility of extended hours throughout the week. There was a certain acceptance of increased weekend activity at such premises but she expressed concerns that there would be increased noise throughout the week. She explained that on certain occasions on hot evenings when the rock bands were on the doors were left open and it resulted in residents having to close their windows. She acknowledged Mr. Mossman’s comments relative to the future of rock nights. Ms. McDonough also commented to the panel about the activities on the car park with drivers playing “chicken” and the subsequent noise that this generated. 14. FINAL PRESENTATIONS a) Applicant In summing up Mr. Mossman indicated there was always a risk of noise from premises but he would be doing his best to limit that. He referred to the previous use of the club when it was a Conservative Club and the fact that functions had been arranged during that period without any difficulties and it was his intention to try and do the same again. Mr. Mossman expressed doubts that the current membership arrangements were being operated properly and that he would endeavour to ensure that this was done as soon as the premises came under his control. He felt that this would allow him the opportunity to ensure a greater control on the type of clientele visiting the premises. When questioned by the Chairman Mr. Mossman explained that when the rock nights first started it was to encourage local young musicians but as it progressed the groups came from a much wider area which resulted in the current problems. Sgt. Jones pursued the point raised earlier by the Assistant County Secretary and commented that club regulations should be adhered to relative to membership at all times. The Chairman also clarified with Ms. McDonough the noise levels who confirmed that Mondays and Wednesday were generally quieter with most noise being generated on Thursday and Saturday evenings. 15. 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. 16. DECISION The Sub-Committee agreed that the Application for variation be refused 17. REASONS The incidents of noise and disturbance association with the premises would be exacerbated by extending the hours of operation and would therefore be contrary to the prevention of nuisance licensing objective. Approved DateF-LSC-26.09.05(Mancot Sports & Social Club) - 809 -
