LICENSING SUB COMMITTEE 27TH JUNE, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held on 27th June, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillor J.J. Griffiths (Vice Chairman in the Chair). Councillors A.G. Diskin and M. Wright. OFFICERS OF FLINTSHIRE COUNTY COUNCIL County Secretary, Licensing Manager and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES Sgt. Colin Jones - North Wales Police APPLICANT/AGENTS Messrs. J. Fagan (Licensee Cross Keys Inn, Sychdyn), Messrs. A. Hodgson and A. Thomas (Punch Taverns plc), J.G. Coen (Ford & Warren, Solicitors). INTERESTED PARTIES Messrs. D. Brown, C. Adams, R.J. Catherall and J. Bateman. 1. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Committee considered the report of the Director of Environment and Regeneration which was presented by the Licensing Manager in respect of an application for a premises licence for the Cross Keys Inn, Sychdyn. 1. The normal hours under the terms of the premises licence at which licensable activities are permitted to take place should be displayed on or immediately outside the premises. 2. 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. 2. THE APPLICATION – CROSS KEYS INN, SYCHDYN An application for a premises licence had been submitted by Ford & Warren, Solicitors on behalf of Punch Taverns plc. The premises was described as a detached public house in a main road position with three small rooms/trading areas. It currently operated to the standard licensing hours of 11.00 a.m. to 11.00 p.m. Monday to Saturday and noon to 10.30 p.m. on Sundays. (Except for Christmas Day hours and the 36 hour opening period on New Year’s Eve/New Year’s Day that every premises was allowed). Approved DateLicensing Sub Committee Recorded music or music by a single performer or two performers together was permitted by the Section 182 dispensation in the Licensing Act 1964. The licensee was Mr. John Henry Fagan. Background The application was made and advertised in the prescribed manner. The proposed hours for the sale of alcohol were:- Monday, Tuesday, Wednesday, Thursday - 11.00 a.m. to Midnight Friday and Saturday - 11.00 a.m. to 01.00 the following morning Sunday - Noon – 11.30 p.m. A further additional hour into the morning following every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and August Bank Holiday weekend. A further additional hour into the morning following every Thursday, Friday, Saturday, Sunday and Monday for the Easter Bank Holiday weekend. A further additional hour every Christmas Eve. A further additional hour every Boxing Day. New Year’s Eve/New Year’s Day hours as existing. An additional 10 minute drinking up time, to allow 30 minutes drinking up time after the last permitted sale of alcohol. The above hours for the sale of alcohol would also be for recorded music, karaoke and live music limited to two performers. Promotion of Licensing Objectives The application contained the following information: Prevention of Crime and Disorder Most of the customers were locals. The licensee has no other pubs in the area and he was an active member of the Pubwatch Scheme. The premises had a well lit car park. Approved DateLicensing Sub Committee Public Safety The premises had illuminated signs around the building. The licensee had a health and safety certificate and has carried out a full disability discrimination assessment. Fire fighting equipment was kept and regularly checked and a smoking charter was in place. Prevention of Public Nuisance The premises was a detached brick built property which retained sound well. All windows were kept closed when entertainment was being performed. Meetings with neighbours were held. There were no other licensed premises in the vicinity and all customers were monitored as they left. The Protection of Children from Harm Children were only permitted in segregated areas. The area where they were allowed was a no smoking area which had no amusement with prizes machines present. 3. NOTICES AND SUPPORTIVE DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. The applicants had confirmed in writing that they would be in attendance. 4. SUBMISSION OF DOCUMENTORY EVIDENCE / REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure:- (a) The applicants 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 to the request from the parties to cross-examine. Approved DateLicensing Sub Committee 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 that 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. 8. PRESENTATION BY APPLICANT The Chairman invited the Applicant to present the application. Mr. Coen of Ford & Warren, Solicitors presented the case. In presenting the information he referred to the significance of the Licensing Act and indicated that prior to the meeting he had spoken to Sgt. Colin Jones as the representative of the North Wales Police, who had agreed not to pursue 3, 4 and 5 of his recommendation as the applicant indicated that he would undertake these on a voluntary basis. Sgt. Colin Jones confirmed this. In presenting the evidence Mr. Coen also indicated that the Applicant did not wish to alienate local residents and commented upon the actions taken to alleviate any perceived problems. He confirmed that whenever recorded music was played the windows of the premises would be closed. He commented that there had never been problems which necessitated the involvement of the police and to the fact that there were no representations from the Environmental Health Department. 9. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES i) North Wales Police Sgt. Colin Jones indicated that when North Wales Police were making comments on such applications it was necessary to balance the intention of the Government with the Conditions of the new Act but also to protect the interest of local residents. He confirmed that he was happy for Conditions 1 and 2 in his submission to be included in any permission granted on the understanding that 3, 4 and 5 would be undertaken on a voluntary basis. Following a question by a Member of the Panel Sgt. Jones confirmed that he was not aware of any instance at the premises which involved the Police. However, the representatives of the interested parties confirmed that there was an incident whereby a window was broken in a nearby property but accepted this was some time previously. No further questions were asked at this stage. Approved DateLicensing Sub Committee ii) Representations by Interested Parties The interested parties were local residents who were concerned at the proposed amendment to the licensing hours. They had appointed Mr. D. Brown as their spokesperson. Mr. Brown indicated that he had undertaken considerable research in respect of licensing issues. Whilst being aware of the provisions of the Licensing Act he indicated that this should not be at the expense of creating a disturbance to others. He made the point that noise could be created by persons who were leaving the premises in an orderly manner but if it was later at night and into the early hours of the morning, car doors closing was more of a disturbance. He also referred to taxis arriving later in the night and sounding their horns to attract their customers. Mr. Brown indicated that he was quite happy with the way the premises were run at present. Following this point Members of the Sub Committee sought clarification on the number of car parking spaces available and the Licensee addressed this question. Mr. Brown, on behalf of the interested parties, indicated that when the car park was full cars parked alongside nearby properties. On behalf of the applicants Mr. Coen indicated that it was their understanding that the vast majority of the clientele were local and walked to and from the premises. Members of the Sub Committee also sought clarification on the age profile of the clientele and Mr. Coen indicated these were at the mature end of the market. 10. FINAL PRESENATIONS a) APPLICANT Mr. Coen, on behalf of the applicants, indicated that he accepted the concern of the local residents and that it was the wish to run a good premises and not alienate themselves from these people. He was of the opinion that if there were problems caused on the lines suggested by the interested parties then there was various legislation to address these. He also commented upon the review procedure whereby if problems did materialise the Licensing Sub Committee could review the licence. b) RESPONSIBLE AUTHORITIES i) North Wales Police Sgt. Colin Jones confirmed that he had nothing to add. ii) Interested Parties Mr. Brown indicated that he had nothing further to add. 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. Approved DateLicensing Sub Committee 12. DECISION The Sub Committee agreed that the Application for the Licence, as submitted, be granted subject to the following Conditions, as identified in the comments of the North Wales Police and accepted by the Applicant. 13. REASONS i) The nature and size of the premises and known client group. ii) No recorded complaints from Environmental Health and North Wales Police. 14. ANNOUNCEMENT All parties were invited to return and the Chairman gave the Sub Committee’s decision and the reasons for it as set out at 12 and 13 above. 15. SUPPLEMENTARY INFORMATION In conclusion the Chairman understood the concerns of the local residents but commented upon the provisions of the Licensing Act and how it was necessary to address the issues. He stressed the importance of the review procedure whereby, if there were any problems, the Licensing Sub Committee could review the application. Approved DateLicensing Sub Committee - 205 -
