LICENSING SUB COMMITTEE 26TH SEPTEMBER, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Monday, 26th September, 2005. PRESENT: Councillor R. Baker (Chairman) Councillors: J. J. Griffiths and M. Wright. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Assistant County Secretary, Licensing Manager and Senior Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES: Sgt. C. Jones, North Wales Police and Mr. A. Fuller, Pollution Control Manager, Flintshire County Council. APPLICANTS/AGENTS: Mrs. N. Mason, applicant. INTERESTED PARTIES: Mr. D. Lawrenson. 1. APPOINTMENT OF CHAIRMAN RESOLVED That Councillor R. Baker be appointed Chairman of the Licensing Sub-Committee for the duration of the meeting. 2. APOLOGIES None were received. 3. DECLARATIONS OF INTEREST None were received. 4. 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 Ship Inn, Connah’s Quay. 5. THE APPLICATION – The Ship Inn, 275 High Street, Connah’s Quay An application for a premises licence was submitted by John Gaunt and Partners on behalf of the licensee, Norma Margaret Mason. The premises were described as an established public house with food trade. It had an existing external area available to patrons for consumption of off supplies. The premises currently operated the standard hours of 11:00am to 11:00pm Monday to Saturday and Noon to 10:30pm on a Sunday. Entertainment by way of recorded music or live music by a single performer or two performers together was allowed by the dispensation under Section 182 of the Licensing Act 1964. The proposed hours for supply of alcohol were:- Sunday - Noon to 11:30pm Monday to Saturday - 10:00am to Midnight The premises would close 30 minutes later. Indoor regulated entertainment in the form of films, indoor sporting events, live music, recorded music and dancing were requested within the above mentioned supply of alcohol times. 6. BACKGROUND The application had been advertised. There had been representations from the North Wales Police, Flintshire County Council’s Pollution Control Department and a person living in the vicinity. 7. PROMOTION OF THE LICENSING OBJECTIVES The applicants’ proposals were attached as Appendix 1 to the report. 8. NOTICES AND SUPPORTING DOCUMENTS Representations had been made by the North Wales Police and Flintshire County Council’s Pollution Control Department. These were shown at Appendix 2 and 3 to the report respectively. Representations were also received from a person living in the vicinity and were shown as Appendix 4. 9. 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. (b) The representative of the North Wales Police indicated that he had no additional information to submit. (c) The representative from Flintshire County Council’s Pollution Control Department indicated that he had no additional information to submit but he would be referring to noise monitoring information which was carried out on Saturday 17th September. The licensee did not object to such information being referred to. (d) The representative of the interested parties indicated that he had no additional information to submit. (e) All parties requested the opportunity to cross examine, if necessary. 10. 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. 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 Committee. The Licensing Manager confirmed that there was not. 12. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the application. Mrs. Mason presented the case. Mrs. Mason explained that a solo artist performed at the premises on a Saturday night between the hours of 9:15pm and 11:15pm and karaoke took place occasionally either on a Friday or Sunday night at similar times to the solo artist on a Saturday. She explained that she had only had cause to phone the Police on two occasions and that trouble outside the public house was not always attributable to the premises. She referred to an incident that took place the previous evening involving a young lady but stressed that the lady in question had not been drinking in the premises. Mrs Mason explained that the brewery was considering installing noise monitors in the ceiling that would cut off music once it reached a certain level. A site meeting had taken place with a representative from the Council’s Pollution Control Department and the brewery. Double or secondary glazing was also an option for the brewery. The speakers from inside the premises had been moved so that the sound did not project towards the windows at the front of the public house but it was difficult as the room was small. 13. 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 following numerous complaints received from Mr Lawrenson concerning noise and disturbance associated with the premises. The hours applied for appeared to be fairly reasonable and in line with other premises. However, full details of the complaints and the running of the premises would be addressed by Mr Lawrenson during his submission. Two incidents relating to complaints of noise had been received by the Police which were directly attributable to the premises in question. In view of the detailed complaints to the Police by Mr Lawrenson concerning alleged nuisance and disorderly behaviour, the representation made was for the purpose of assisting the Sub Committee in determining whether the variation requested should or should not be granted. There was concern that a public nuisance, contrary to the licensing objectives, may be caused by the variation of the licence. Flintshire County Council, Pollution Control Department Mr. A. Fuller, on behalf of the Pollution Control Department said that their objection related to the hours of entertainment sought. The Division had received complaints since the beginning of the year from Mr Lawrenson who had provided sufficient evidence for noise monitoring to take place. It was clear that the music was loud and laudable from within Mr Lawrence’s premises. A statutory notice was served on the premises on 23rd May 2005 which required abatement of the nuisance. Mrs. Mason contacted the Division to arrange a meeting with the brewery’s area representative. It was clear from the premises that it would be difficult to keep the noise levels down and it wasn’t deemed appropriate for loud music to be played in such a small area. The premises had large areas of single glazing and an extractor fan with no acoustic attenuation. Mr Fuller emphasised at the meeting that the premises required works effecting and explained that the situation would be looked at when any applications for a licence were received. Noise monitoring was arranged for Saturday 17th September 2005 which commenced at 9:15pm. The Officer parked 100 metres away from the premises and the music was significantly audible with the tunes identifiable. The music was still audible from within Mr Lawrenson’s flat which had double glazed windows which were closed. Mr Fuller detailed times later in the evening, with the music ceasing at 11:30pm. The events of this particular evening were in contravention of a statutory notice and a prosecution would be considered. The Department were not in a position to approve anything as no suggestions had been made from the brewery about a noise attenuation scheme following the meeting that took place in May. Therefore, the objection was maintained. 14. REPRESENTATIONS BY INTERESTED PARTIES Mr Lawrenson outlined his main concerns for objecting to the proposed licensing hours for the premises, which were primarily the constant noise emitting from the premises and also incidents which occurred outside the public house. He said the licensing objectives were constantly being flouted and referred to the log of incidences and dates that he had been recommended to gather by the Police and the Pollution Control Department. Mr Lawrenson said the issues of public nuisance were primarily at weekends. He referred to the noise monitoring devise that was placed in his home by the County Council which resulted in the premises receiving a warning from the Pollution Control Department. He said the entertainment did not finish before 11:30pm and it was obvious that people were still inside the premises drinking. He was surprised to note people entering the pub after the official closing time. Taxis pulled up outside the premises late at night and sounded their horns which was a great disturbance. He went on to detail several incidents over the last three to four months. Also affected by the public nuisance was Mr Lawrenson’s business, which was also directly opposite the premises and underneath his flat. This was due to his lack of sleep during the evenings and therefore having to sleep longer during the day to catch up, which meant that Mr Lawrenson did not open his business during the hours he wished. On referring to his log of incidents, Mr Lawrenson confirmed that all of the incidents before the Sub Committee were relating to the Ship Inn and not the Balti curry house for which he had separate log sheets. 15. FINAL PRESENTATIONS (a) Applicant Mrs Mason said she had done her best to keep the noise levels down. The brewery were carrying out a refurbishment of the premises and either secondary or double glazing, or noise monitors would be installed. The refurbishment had been planned for 3rd October but the premises had recently been recognised as a Grade II listed building which had implications for the works and what was deemed suitable. Mrs Mason said that she had taken issue with some taxis who were sounding their horns outside her premises when they were actually collecting people from the Balti curry house. She said there may have been times when people had remained in the premises after closing time but alcohol was never sold. (b) North Wales Police Sgt. Jones said he had nothing further to add. (c) Pollution Control Division Mr Fuller confirmed that he had not received any information from the brewery regarding planned alterations. (d) Interested Parties Mrs Lawrenson said that in the summer the main door of the premises was kept open which further enhanced the noise levels over which he could not hear his television and which also meant he could not open his windows. He said that the incidents relating to taxis in his log of events were relating to the public house and nowhere else. 16. 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. 17. DECISION The Sub Committee declined the application in its entirety as they felt the incidents of noise and disturbance associated with the premises would be exacerbated by extended hours of operation and would therefore be contrary to the prevention of the public nuisance licensing objective. The premises would continue to operate under the terms of the existing Justices’ licence. Also declined was the application for non-specified occasional licences, i.e. seasonal variations/non-standard timings. If the licensee wished to extend the licence for a special occasion then this should be applied for by way of a Temporary Events Notice as and when they arose. 18. REASONS (i) in the interest of preventing public nuisance; (ii) the suitability and location of the premises; and (iii) the information received from the interested party and responsible authorities. Approved DateLicensing Sub Committee - 815 -
