Agenda, decisions and draft minutes

Councillor Bobby Feeley was appointed Chair for the meeting.

Councillor Bobby Feeley was appointed Chair for the meeting.

The Chair welcomed all parties to the meeting and all present were introduced.  The hearing procedures had been circulated previously to all parties and copies of the Statement of Licensing Policy were made available at the meeting.

No declarations of interest were raised.

No declarations of interest were raised.

To consider an application for Variation of an existing Premises Licence in accordance with Section 34 of the Licensing Act 2003 in respect of Bar VibeZ, 5 Oak Mews, Oak Street, Llangollen (an outline of the submission and associated papers are attached).

Please note the procedure to be taken by the Sub Committee (which is attached to this agenda).

RESOLVED that the application for a Variation of Premises Licence be granted subject to a number of modifications.

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

(i)         an application having been received from Mr. Joe Ainsworth to vary an existing Premises Licence in respect of  Bar VibeZ, 5 Oak Mews, Oak Street, Llangollen, to add the provision of live music (Indoors only), and Late Night Refreshment (Indoors and Outdoors), together with extending the licensable hours for the provision of recorded music (Indoors only) and to extend the existing licensable hours for the sale of alcohol for consumption both on and off the premises at (Appendix A to the report) as follows –

(ii)       the Applicant also wishing to replace an existing condition imposed on their licence as follows ‘Recorded music will be kept to background level’ to state ‘When music is performed after 21:00, regular checks will be made outside of the premises on at least an hourly basis to try and ensure that sound does not give rise to a public nuisance’;

(iii)      the existing Premises Licence (Appendix B to the report);

(iv)      the Council’s Environmental Health Section having submitted representations, advising of previous noise complaints regarding the premises at which time the Licence Holder was able to manage the potential noise nuisance adequately with no further action taken.  However, it was noted that Environmental Health would normally recommend certain conditions being added to a licence requesting recorded music until 02.00 but at the time of their response they felt that these conditions could not be easily and cost effectively implemented at the premises (Appendix C to the report);

(v)       the North Wales Police having made no objection to the application;

(vi)      three written representations having been received from Other Persons in response to the requisite public notice relating mainly to disturbance from noise, anti-social behaviour, crime and disorder, and public safety (Appendix D to the report);

(vii)    the Applicant having submitted a written response to the three Other Persons who submitted representations with a hope to address some of the concerns raised (Appendix E to the report);

(viii)   further correspondence having been received from the three Other Persons (Appendix F to the report) and the Applicant (Appendix G to the report);

(ix)      mediation having been offered to all parties as a result of the representations received with no formal agreement having been reached.  As part of the mediation process the Applicant had offered to cease live music at 23.00; as per the deregulation of the Licensing Act 2003 no licence permission was required for: a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises, or a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience did not exceed 500.  Therefore, live music was no longer required on this application;

(x)       the need to consider the  ...  view the full minutes text for item 3.