LICENSING SUB-COMMITTEE 2nd OCTOBER, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Monday, 2nd October, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors: S.R. Baker and A.G. Diskin. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Solicitor (Mr. D. Gaskell), Licensing Officer (Lorraine Baxendale), Committee Administration Manager, Pollution Control Manager and Senior Environmental Health Officer RESPONSIBLE AUTHORITIES – REPRESENTATIVE: None were present INTERESTED PERSONS Carol and Sean Cousins APPLICANTS/AGENTS: Mr. Richard Foster (temporary Manager accompanied by a representative of Corbett Holdings Limited) 1. APOLOGIES None were received. 2. DECLARATIONS OF INTERESTS None were received. 3. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Sub Committee considered the report of the Director of Environment and Regeneration which was presented by the Licensing Officer in respect of an application to vary an existing premises licence at Hotel Leprechaun, Welsh Road, Garden City, 4. THE APPLICATION – Hotel Leprechaun, Welsh Road, Garden City. An application for variation of an existing premises licence was made by Corbett Holdings Ltd. The current premises licence permitted the sale of alcohol from 10.00 a.m. to 1.00 a.m. the following morning, Monday to Sunday and 10.00 a.m. to 3.00 a.m. the following morning, on New Years Eve. Closing time was thirty minutes later. There was no Regulated Entertainment included on the current Premises Licence. The proposed hours for sale of alcohol were to remain the same as their existing licence. The proposed hours for Plays, Films, Indoor Sporting Events and Boxing and Wrestling entertainment were:- Monday to Sunday - Noon to 11.00 p.m. The proposed hours for Live Music, Recorded Music, Performance and Dance, anything of a similar description to Live Music, Recorded Music, Performance of Dance, Provision of facilities for Making Music and Dancing and Provision of facilities for anything of a similar description were :- Monday to Sunday - Noon to Midnight New Years Eve - Noon to 2.00 am the following morning The proposed hours for Late Night Refreshments were:- Friday to Sunday - 11.00 p.m. - Midnight 5. PROMOTION OF THE LICENSING OBJECTIVES The steps proposed by the applicant were attached as Appendix 1 to the report. 6. NOTICES AND SUPPORTING DOCUMENTS The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. Representations had been made by Flintshire County Council’s Pollution Control Services Section and these were attached as Appendix 2 to the report. Representations from the persons living the vicinity were shown as Appendix 3. 7. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure:- (a) The applicant confirmed that he had no additional information to submit. (b) The representative of the Pollution Control Section indicated that they had no additional information to submit at this stage. (c) All parties requested the opportunity to cross examine, if necessary. 8. 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 and each party would be granted up to 20 minutes to exercise their rights. 9. PRESENTATION BY THE APPLICANT The Chairman invited the applicant to present the application. Mr. Richard Foster indicated that he was a temporary Manager of the premises and helped to run the business on a day to day basis. He indicated that the main reason for the request for regulated entertainment to be included on the licence was in response to customer request whereby they wished to listen to live music. 10. PRESENTATION BY INTERESTED PERSONS Mrs. Cousins indicated that her concern related to noise emitting from the premises caused from live bands. She expanded upon the reasons for her concern and the occasions when it had been of particular disturbance. Mrs. Cousins further indicated that she expected a degree of noise from licensed premises and in fact her and her husband had visited the premises themselves. However, when there were rock bands playing, the music was particularly loud. 11. PRESENTATION BY RESPONSIBLE AUTHORITIES The Senior Environmental Health Officer reported upon the investigations that had been undertaken. He indicated that he did try to contact Mrs. Cousins regarding the level of noise and it appeared that the problem was mostly on a Saturday. In this respect he expressed disappointment that the Applicant did not appear to have made any effort to reduce these levels. In expanding upon the points raised the Pollution Control Manager advised there was nothing included in the application to address the problems and that no enough planning had been undertaken by the applicant. In response Mr. Foster advised it was generally only on Saturdays when there was live music and on any other night it was very occasional. He understood from the previous Manager that the relevant application for music was in place but was now looking to address the problem as it was not. 12. FINAL PRESENTATIONS AND QUESTIONS Mr. Foster explained that he was keen to work with responsible authorities to ensure that there was no disturbance to neighbours as he wished to run a good business. He explained that the premises were double glazed throughout with air conditioning fitted so there was no need for windows to be left open to cause noise. He explained that it was not his intention to continue with rock nights because this was not the type of music that the customers wanted. Mr. Cousins indicated that the only complaint that he had was related to the noise levels when rock banks were playing. Reference was made temporary event notices when music was allowed under those conditions and it was noted that on this occasions the music was much quieter. Mr. Foster also indicated that he would be pleased to provide a noise limiter in accordance with the requirements of the authority. The Solicitor enquired from Mr. Foster regarding his role as temporary Manager and if it was likely to become a permanent arrangement. Mr. Foster indicated that it was hope to become permanent. Arising from a question raised by Councillor Baker relating to noise limiters the Pollution Control Manager advised that a proper assessment of the premises was necessary and he would be pleased to offer assistance and guidance in this respect. He indicated that he would not like to see the grant of a licence until these issues were addressed. Following a question from the Chairman Mrs. Cousins explained the times that she had complained in relation to the premises and on the occasions previously where there had been no problems at all. 13. SUMMING UP BY THE APPLICANT The Chairman invited the applicant to sum up He reiterated his willingness to work closely with the Authority and explained that he wished to keep noise levels down and reiterated the fact that it was not necessary for the windows to be open because the premises were air conditioned. He also confirmed that he would be pleased to receive an assessment of noise levels from the Pollution Control Manager. 14. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, the Solicitor and the Clerk. 15. DECISION The Chairman advised that the Licensing Sub Committee had agreed the application subject to:- (i) The implementation of the recommendations from the Pollution Control Manager in relation to sound levels (ii) That if necessary that sound monitoring equipment be made available to be situated in Mr. and Mrs. Cousins’ property. 16. ADDITIONAL INFORMATION The Chairman thanked all parties for their courtesy in dealing with the issue and expressed a hope that both parties would work in a good spirit as neighbours. He reminded those present that the application could always be the subject of a review and be called in at any time SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 2nd October 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 178 -
