Issue - meetings
Application to Vary a Premises Licence
Meeting: 29/06/2022 - Licensing Sub-Committee (Item 2)
2 Application to Vary a Premises Licence PDF 88 KB
For Members to consider and determine an application to vary a Premises Licence.
- App A - Location plan, item 2 PDF 178 KB
- App B - Existing Licensed Plan, item 2 PDF 64 KB
- App C - Letter from Fire & Rescue Service, item 2 PDF 38 KB
- App D - Email from NW Police, item 2 PDF 226 KB
- App E - Email from Pollution Control, item 2 PDF 38 KB
- App F - Representations from residents, item 2 PDF 56 KB
- App G - Operating Schedule, item 2 PDF 100 KB
- App H - Letter from Agent, item 2 PDF 79 KB
- Webcast for Application to Vary a Premises Licence
The Sub-Committee has resolved to grant the application with reduced hours and subject to the conditions suggested by the Applicant in the Operating Schedule.
- Friday and Saturday (pre booked functions only for hours after 11.30pm)
Alcohol sales from 10.00am to 2.00am, recorded music indoors, live music indoors and late night refreshment from 10.00am to 12.50am plus one additional hour on Christmas Eve, Boxing Day, New Year’s day, Good Friday and Easter Sunday.
- Sunday (pre booked function only for hours after 11.00pm)
Alcohol sales from 10.00am to 12.00 midnight, recorded music indoors, live music indoors and late night refreshment from 10.00am to 12.00 midnight plus one additional hour on Christmas Eve, Boxing Day, New Year’s day, Good Friday and Easter Sunday.
Conditions in Accordance with the Operating Schedule
During the extended hours (that is the hours in
operation after 11.30pm) the licensable activities must only be
provided to those attending a private pre-booked function.
- Licensable activities are alcohol sales, recorded music indoors, live music indoors and provision of late night refreshments.
- A pre-booked function means a function which has been booked at least 24 hours in advance.
- Function means an event where a room is hired and no licensable activities are provided to members of the public who are not guests of that function.
- The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
- Regular noise assessment will be carried out when amplified music is played at the premises and logged in a log book which will be made available to any responsible authority on request.
The Licensing Officer presented a report to consider and determine an application under the Licensing Act 2003 for a variation of a premises licence at the Bengal Dynasty restaurant, 104 Chester Road East in Shotton. The application was as follows:
· To extend the hours for the sale of alcohol on Friday, Saturday and Sunday for pre-booked functions only from 10.00am until 2.00am
· To increase the hours for: Recorded music from 23.00pm until 2.15am; late night refreshment from 23.00pm until 2.15am; and closing times from 12.30am until 2.30am
· To apply for live music from 23.00pm until 2.15am plus one additional hour on Christmas Eve, Boxing Day, New Year’s Day, Good Friday and Easter Sunday
The report included written confirmation that the North Wales Fire & Rescue Service and the Council’s Pollution Control section had made no representations on the application. A letter confirmed that North Wales Police had made no objection provided that the CCTV condition was included on the licence. Letters of objection from four local residents were also appended to the report.
The Licensing Officer advised that mediation had been attempted between the objectors and the Applicant but that the matter remained unresolved. The residents objecting to the application had been invited to join the meeting and had given their apologies.
In providing background, June Clarke explained the impact of the pandemic on the Applicant’s business plan for the restaurant. Having obtained a premises licence in December 2021 and given the uncertainty surrounding the pandemic at that time, he had delayed opening the restaurant and had instead held private events to generate some income. As these had proved successful, he had applied for a variation in the licence to accommodate the continuation of such pre-booked events. As national restrictions eased, he had arranged for the re-opening of the premises as a café during the daytime and a bar/grill in the evenings.
The panel was advised that the Applicant had taken the concerns of residents on board which mainly related to noise during the evenings. June Clarke gave an overview of her findings from a noise risk assessment carried out during a private event held at the premises in April, which was appended to the report. She had identified low-level noise at some nearby locations which she felt had been mitigated by the soundproofing of a rear fire door at the premises and would be further improved by plans to install a new front porch. She addressed other concerns by residents about the availability of parking spaces and said that late night disturbance would be minimised by the Applicant and staff monitoring customers vacating the premises during the evenings, the majority of whom appeared to be leaving by car/taxi.
June Clarke said that despite attempts by the Applicant to engage with the residents to discuss their concerns in more detail to reach a resolution, the offer had not been taken up. She advised that the Applicant held various relevant log books on the premises and that he was willing to share ... view the full minutes text for item 2