LICENSING SUB-COMMITTEE 14th May 2007 Minutes of the proceedings of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Monday, 14th May 2007. PRESENT: Councillor L.A. Sharps (Chairman) Councillors: A.G. Diskin and P. Walkden. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Solicitor (Mr. Damian Gaskell), Democratic Services Manager and Licensing Officer. RESPONSIBLE AUTHORITIES – REPRESENTATIVES P.C. Pat Burns, North Wales Police and A.G. Fuller, Pollution Control Services Manager, Flintshire County Council. REPRESENTATIVES FOR THE APPLICANT Messrs. Adam Watkins and Jim Letku. 1. Alcohol Sales: Monday to Thursday 11.00 am to 12.30 am Friday and Saturday 11.00 am to 1.30 am Sunday 11.00 am to Midnight 1. APOLOGIES None were received. 2. DECLARATIONS OF INTERESTS (Including Whipping Declarations) None were received. 2. The premises will close 30 minutes after the times outlined above. 3. Recorded Music: Monday to Sunday 11.00 am to Midnight 3. REPORT OF THE ACTING DIRECTOR OF ENVIRONMENT AND REGENERATION The Sub-Committee considered the report of the Acting Director of Environment & Regeneration which was presented by the Licensing Officer in respect of an application to vary a premises licence at the Parrot Inn, Drury Lane, Drury, Buckley. 4. THE APPLICATION – Parrot Inn, Drury Lane, Buckley An application to vary a premises licence was submitted by Punch Taverns plc. and the Designated Premises Supervisor was Frances Jane Baldwin. The premises currently operated the following hours for the sale of alcohol:- Sunday to Thursday - 11.00 am to midnight Friday and Saturday - 11.00 am to 01.30 am the following morning The premises currently operated the following hours for recorded music: Monday to Saturday - 11.00 am to 01.00 am Sunday - Noon to 23.00 hours The premises closed 30 minutes after the times outlined above. The hours proposed for the sale of alcohol were:- Monday to Sunday - 11.00 am to 04.00 the following morning The hours outlined above would also apply to recorded music and karaoke. The proposed closing time is 30 minutes after the alcohol supply hours outlined above. The applicant has also applied to remove the following condition:- “The use by customers of outside benches/beer gardens should end at 11.30 pm Sunday to Thursday inclusive, and midnight on Fridays and Saturdays”. 4. The following condition will be removed from the Licence: “The use by all customers of outside benches/beer gardens should end at 23.00 hours Sunday to Thursday inclusive, and Midnight on Fridays and Saturdays”. 5. PROMOTION OF THE LICENSING OBJECTIVES The additional steps proposed by the applicants were shown as Appendix 1 to the report. 5. The following conditions will be added to the Licence: “All doors and windows will be kept shut after 23.00 during regulated entertainment”, and “The DPS/Staff will ensure that noise levels in the external areas are kept to a minimum after 23.00 hours.” REASONS The Sub-Committee took into account the views of the North Wales Police and the Flintshire County Council’s Pollution Control Manager in determining the application. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING SUB-COMMITTEE DATE: 14th May 2007 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date LIC1405(Parrot Inn Drury) - 408 - 6. RESPONSIBLE AUTHOROITY REPRESENTATIONS Representations had been received from North Wales Police and the Pollution Control Section of Flintshire County Council. The Responsible Authority representations were attached as Appendix 2 and 3 respectively to the report. 7. INTERESTED PARTY REPRESENTATIONS Representations had been received from a person living in the vicinity and were attached as Appendix 4 to the report. A location plan of the area was shown as Appendix 5. 8. NOTICES AND SUPPORTING DOCUMENTATION The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. 9. SUBMISSION OF DOCUMENTARY 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) Both 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 and each party would be granted up to 20 minutes to exercise their rights. 11. PRESENTATION BY THE APPLICANT The Chairman invited the applicant to present the application. In opening his presentation Mr Watkins indicated that, in reflecting upon the comments to the request for the extension, they wished to reduce the original application as follows:- Monday – Thursday - 11.00 am – 1.30 am Friday and Saturday - 11.00 am – 12.30 am Sunday - 11.00 am – 12.30 am This related to all licensing activities with a 30 minute drinking-up time. He also wished to lift the restriction for the external area and confirmed that it would not be used for music. The applicant described the premises as a small community pub located within a residential area with the busiest evenings being a Friday and Saturday. He indicated that the general age profile of the customers was the 30+ age range and it was the type of pub which had darts and dominoes teams. Mr Watkins maintained it was a well-run premises, with only one single representation made by a resident. He further suggested that any disturbance to residents with the additional hours would be minimal and commented upon the stringent powers of review which was held by the Licensing Sub-Committee. 12. PRESENTATION BY POLLUTION CONTROL MANAGER In making his presentation, Mr Fuller referred to the effect of the smoking ban which had resulted in more persons leaving the premises to go outside to smoke. He referred to particular circumstances relating to these premises by a French window opening onto the smoking area. With the increase in traffic through that area there was a potential for more noise. Mr Fuller expanded upon these points and his reaction was that, with the current arrangements, he had not received any complaints and in the circumstances he felt it would be best to leave well alone. He also made the point that as the evening progressed conversation became more audible with people outside. The patio also faced nearby properties which could result in disturbance to those. Mr Fuller felt that the current closing time of 11.30 pm was reasonable. In response to the point, Mr Watkins indicated that this was a particularly well-run premises but he accepted the point that the smoking ban with people leaving the premises had increased the potential for noise. However, he referred to the excellent recent track record of the premises in terms of management. He also reminded the meeting that the Council did have powers under the Noise Nuisances Act to address such problems. Mr Letku, in supporting Mr Watkins, also referred to the significance of the smoking ban and that as they were responsible for a number of premises they were dealing with them individually and they were keen that these should be properly controlled. 13. PRESENTATION BY NORTH WALES POLICE In opening his presentation P.C. Burns indicated that he was concerned with the original proposal with a 4.00 a.m. closure and that was why he responded in the terms that he did. At the meeting he referred to correspondence he had received from the Community Beat Manager but after some consideration the Chairman indicated that it could not be considered as part of the evidence for this morning’s meeting. P.C. Burns also commented that this was a central village location and this was another reason why he was concerned at longer opening hours. 14. QUESTIONS BY THE SUB-COMMITTEE The Council’s Solicitor sought clarification regarding the current landlord’s status in the premises and it was confirmed that he was a permanent appointee with a long term lease. However, when questioned by the Chairman it was confirmed that the company were the Premises Licence Holder. P.C. Burns suggested it would be appropriate for the premises licensing hours to be consistent with others in the area. Mr Watkins disagreed with this point as he felt the thrust of the licensing laws was to stagger the closing hours so that there was not a congregation of people all at the same time leaving licensed premises. Mr. Letku fully understood the concerns but commented that the application for the increase he felt was modest. He suggested it may be a fear of what may happen and not what has happened and again commented upon the Council’s review powers. For clarity with regard to noise control, Mr Fuller identified the relevant legislation. 15. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, Solicitors and the Clerk. 16. DECISION The Chairman advised that the Licensing Sub-Committee had reached a decision and it had granted a variation of hours as follows:-
