Agenda, decisions and draft minutes
Venue: Conference Room 1a, County Hall, Ruthin
Contact: Committee Administrator (KEJ) Email: democratic@denbighshire.gov.uk
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APPOINTMENT OF CHAIR To appoint a Chair for the meeting. Decision: Councillor Cefyn Williams was appointed Chair for the meeting. Minutes: Councillor Cefyn Williams 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. |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in the business identified to be considered at this meeting. Decision: No declarations of interest were raised. Minutes: No declarations of interest were raised. |
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To consider an application for a new Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 (an outline of the submission and associated papers are attached). 9.30 a.m. Decision: RESOLVED that the
application be granted, subject to conditions and a reduction in the permitted
hours as applied for. Minutes: A report by the Head of Planning and Public Protection
(previously circulated) upon – (i)
an
application having been received from Mr. Steven Evans for a new Premises Licence in respect of the Prince of Wales, Llangollen; (ii)
the
applicant having requested authorisation to provide
the following licensable activities –
(iii)
*the applicant
having also requested that the premises remain open to the public from 11.00
a.m. until 02.00 a.m. on Christmas Eve and Boxing Day and in addition to the
timings detailed above, the applicant having requested authorisation
to provide alcohol from 1.00 a.m. until 02.00 a.m. on Boxing Day and Christmas
Eve; (iv)
one
written representation (Appendix A to the report) having been received from two
interested parties living near the premises highlighting areas of concern in
relation to noise, disorderly behaviour and
littering; (v)
the
North Wales Fire and Rescue Services having submitted representations (Appendix
B to the report) advising that there were still outstanding matters to be
addressed in terms of fire safety provisions at the premises which should be
resolved prior to a licence being issued; (vi)
the
North Wales Police having submitted representations to the application but
following discussions with the applicant a number of conditions designed to
further promote the licensing objectives had been drawn up (Appendix C to the
report) and on that basis the Police requested that if members were minded to
grant the application, they consider incorporating those conditions within the
premises’ Operating Schedule (Appendix E to the report); (vii)
the Council’s
Pollution Control Section having submitted representations (Appendix D to the
report) raising concerns regarding the close proximity of the premises to
residential properties and proposed a number of conditions (which had been
agreed by the Applicant) to be imposed should the licence
be granted; (viii)
the
need to consider the application taking due account of the Council’s Statement
of Licensing Policy; Guidance issued by the Secretary of State; other relevant
legislation and relevant representations received, and (ix)
the options available to the committee when determining the application. The Public Protection Business Manager
guided members through the report and outlined the facts of the case. Mediation had been ongoing between the
Applicant and the nearby residents in order to address their concerns. An email was read out from one of those
residents, Mr. Simon Proffitt, advising that the
Applicant had agreed to consider better sound protection for the side windows
and would enforce a ban on carrying open drinks off the premises. APPLICANT’S
SUBMISSION The Applicant, Mr. Steven Evans was in
attendance in support of his application.
A legal technicality meant it had not been possible to transfer the
existing premises licence and a new application had
to be submitted. Mr. Evans advised that
the premises had been operated responsibly under the previous licence and there had been no issues with the Police or
Environmental Health and he had also agreed to all the measures requested. He asked that the application be granted in
line with the previous premises licence and as
applied for. NORTH WALES FIRE ... view the full minutes text for item 3. |
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To consider an application from North Wales Police for the Review of a Premises Licence made in accordance with Section 51 of the Licensing Act 2003 (an outline of the submission and associated papers are attached). 11.00 a.m. Please note the procedure to be taken by the Sub Committee (which is attached to this agenda). Decision: RESOLVED that the
Premises Licence be revoked. Minutes: A report by the
Head of Planning and Public Protection (previously circulated) was submitted
upon – (i)
an application having been received from North
Wales Police for the review of a premises licence
held by Mr. James Benbow in respect of Bar Bow, 27
Water Street, Rhyl pursuant to Section 51 of the Licensing Act 2003; (ii) the grounds for review related to all four licensing objectives (Prevention
of Crime and Disorder; Public Safety; Prevention of Public Nuisance and the
Protection of Children from Harm) as follows – “as a result of incidents and crime and disorder, and concerns raised by
North Wales Police of the management at the licensed premises, particularly
failure to comply with the conditions of the premises licence. Despite attempts by North Wales Police and Denbighshire County Council to
address the concerns raised, using the licensed premises review procedure,
serious incidents have continued. The premises has failed to promote the four licensing objectives. North Wales Police have a lack of confidence in the Designated Premises
Supervisor, the Premises Licence Holder and
management of the premises to responsibly manage the premises” full details of the review application and the
incidents and interventions undertaken by the North Wales Police and Denbighshire
County Council having been attached as Appendix 1 to the report; (iii) a meeting having been held with the Licence
Holder and the Designated Premises Supervisor to discuss continuing concerns
and a detailed Stage 1 action plan was agreed by all parties which was not
complied with; (iv) a subsequent meeting having been held on 6 July 2016 at the request of the
Premises Licence Holder’s Legal Representative to
allow an opportunity to present what actions had been taken to improve the
management of the premsies (outline proposals having
been tabled at the meeting); (v) a fully copy of the existing Premises Licence
including the current operating schedule having been included in the Review
Application (Appendix 2 to the report); (vi) the need to consider the Review application taking due account of the
Guidance issued by the Secretary of State; the Council’s Statement of Licensng Policy; other relevant legislation, and relevant
representations received, and (vii) options available
to the committee when determining the Review application. The Public Protection Business Manager
introduced the report outlining the facts of the case and options available to
the Sub Committee when making their decision. APPLICANT’S (NORTH WALES POLICE) SUBMISSION Assistant Force
Solicitor Gill Jones; Chief Inspector Paul Joyce; Sergeant Steve Prince, and
Police Licensing Manager Aaron Haggas were in attendance in support of the
Review Application on behalf of the North Wales Police. The Assistant Force Solicitor explained that the review application had been submitted as a last resort advising that officers had worked hard with the management to try and support them but all those attempts had failed. The review had been called based on all four of the licensing objectives and it was the prime responsibility of management to address those issues and ensure the premises was operated efficiently. She referred to a long list of incidents associated with the premises since it was opened in 2014 covering serious assaults, drugs, theft and underage drinking. The latest incident as reported in the press referred to a serious assault which had occurred outside the premises resulting in the victim sustaining a broken nose and whose attacker had been sentenced to two years imprisonment. The Premises Licence Holder, Mr. James Benbow was not in attendance and whilst the proposal to transfer the Premises Licence was noted, no formal application had been submitted. Given the catalogue of incidents and lack of ... view the full minutes text for item 4. |