Issue - meetings

To consider an application for a Variation of an existing Premises Licence in accordance with Section 34 of the Licensing Act 2003 in respect of Ellis’s Bar, 42 – 44 Water Street, Rhyl (an outline of the submission and associated papers are attached).

2.00 pm – 3.30 pm

RESOLVED that the application for a Variation of Premises Licence be granted as outlined in the application subject to additional conditions.

The Senior Licensing Officer submitted a report (previously circulated) upon –

(i)         an application having been received from Mr. Leigh Wright and Mrs. Christine Wright to vary an existing Premises Licence by way of the removal of the building to the rear of the premises to create a beer garden in its place at Ellis’s Bar, 42 – 44 Water Street, Rhyl (Appendix A to the report) (plan circulated at the meeting);

(ii)       the Applicant having also proposed no music in the beer garden after 11pm and CCTV/door staff monitoring the beer garden after 11pm together with a secondary door fitted onto the beer garden to avoid the breakout of noise;

(iii)      the current Premises Licence (Appendix B to the report) authorised the provision of licensable activities from 09.00 to 04.00 on Monday – Sunday;

(iv)      seven written representations having been received from “Other Persons” in response to the requisite public notice relating mainly to possible disturbance from noise, anti-social behaviour, and public nuisance (Appendix C to the report) together with photographs referred to in one representation (Appendix D to the report);

(v)       the Applicant having engaged with the North Wales Police and Council’s Environmental Health Section prior to submitting their application and consequently both Responsible Authorities having confirmed no comments or objections to the application (Appendix E to the report)

(vi)      mediation having been offered to all parties considering the representations received with no formal agreement having been reached.  As part of mediation the Applicant had offered a number of adjustments to the application, such as raising barrier screens and suggested closing the beer garden after 11pm, along with his agent submitting a statement to “Other Persons” (Appendix F to the report).  One further representation having been made from one “Other Person” confirming the proposed adjustments did not address their concerns (Appendix G to the report);

(vii)    the need to consider the application taking due account of Guidance and the Council’s Statement of Licensing Policy; other relevant legislation and relevant representations received, and

(viii)   the options available to the Sub Committee when determining the application.

The Senior Licensing Officer summarised the report and facts of the case.

A plan accompanying the variation application omitted from the report had been circulated at the meeting.

APPLICANT’S SUBMISSION

The Applicant, Mr. Leigh Wright was in attendance in support of the application and was represented by Counsel Brett Williamson, Linenhall Chambers, Chester.  The Applicant’s Bar Manager was also in attendance in an observer capacity.

Mr. Williamson referred to the Applicant as a long-standing business owner who was well known locally with a good reputation for operating licensed premises in Rhyl.  It was explained that Ellis’s Bar currently operated as a nightclub with licensing hours to 4.00am with a building at the rear of the premises trading as Hidden also until 4.00am which would remain if the application was unsuccessful.  However, the Applicant wished to convert that rear part of the building to a beer garden by removing the roof and installing tables and chairs with a view to gradually turning from a nightclub theme to a day-to-day bar with families and children attending and future plans to establish a kitchen with the potential to serve food.

A number of concessions had been offered as part of the mediation process and responses provided to the issues/concerns raised as follows –

·       the beer garden would close completely at 11pm with patrons asked to leave

·       music before 11pm would be controlled, the existing speakers for internal use would be replaced with a suitable external speaker playing background music

·       there was suggestion on occasion for live  ...  view the full minutes text for item 3