Agenda, decisions and draft minutes

Mrs. Vanessa Steele, Premises Licence Holder and Designated Premises Supervisor for The Galley, Rhyl (agenda item 3) was not in attendance and hearing of the Review Application was delayed pending confirmation regarding her representation.  During a subsequent telephone conversation Mrs. Steele confirmed she wished to be represented at the hearing by Ms. Kayleigh Mannion, a member of bar staff at the premises.  The Licensing Sub Committee agreed to proceed with the hearing on that basis.

Councillor Hugh Irving was appointed Chair for the meeting.

Councillor Hugh Irving 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 had been raised.

No declarations of personal or prejudicial interest had been raised.

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 in respect of The Galley, 118 Vale Road, Rhyl (an outline of the submission and associated papers are attached).

10.00 a.m.

RESOLVED that –

(a)  the Designated Premises Supervisor be removed, and

(b)  the Premises Licence be suspended for a period of three months or such lesser time as North Wales Police indicate to the licensing authority that it is satisfied that the management of the premises is adhering to the licensing objectives and is prepared to have some meaningful liaison with North Wales Police.

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 Mrs. Vanessa Michelle Steele in respect of The Galley, 118 Vale Road, Rhyl (a copy of the existing Premises Licence and current operating schedule having been attached as Appendix A to the report);

(ii)      the grounds for review related to the Licensing Objectives for the Prevention of Crime and Disorder and Public Safety and were –

“as a result of the concerns that North Wales Police has in respect of the management at the licensed premises.  The Premises Licence Holder (who is also the Designated Premises Supervisor) has failed to engage with the Force to address these concerns, despite clear evidence of a lack of understanding of the Licensing Objectives as defined under the Licensing Act 2003.”

full details of the Review application having been attached as Appendix B to the report;

(iii)     North Wales Police and the Council having embarked on a joint initiative to visit licensed premises in the Rhyl area to highlight the requirements of licensed premises not to serve people who were drunk as well as to generate support for the local Pubwatch scheme (Pubwatch was a national voluntary scheme set up with the aim of achieving a safe, secure and responsibly led social drinking environment in licensed premises);

(iv)     a visit to The Galley undertaken on 27 May 2018 as part of that initiative during which officers were subjected to foul language, confrontational and aggressive behaviour by a drunk member of the premises management and officers’ opinion that the management team held some contempt to the Pubwatch scheme and would serve whom they wished;

(v)      a letter having been sent to the Premises Licence Holder inviting her to attend a meeting to discuss Police concerns and agree a supportive way forward and her response that should she wish to become a member of the local Pubwatch scheme in future she would inform the Police and Local Authority;

(vi)     the Premises Licence Holder having also failed to attend a further meeting arranged by the Police to discuss concerns and agree a mutual understanding of the legal requirement to further promote the licensing objectives;

(vii)    the Premises Licence Holder in response to the Review application having suggested she was willing to attend any local Pubwatch meetings (a copy of the response having been attached as Appendix C to the report);

(viii)  footage provided by the Police from a body camera during a follow up licensing visit on 1 June 2018 having been submitted in evidence and viewed by members prior to the hearing – the footage showed an individual on the premises who had been banned under the Pubwatch Scheme;

(ix)     the need to consider the Review application taking due account of the Guidance issued by the Secretary of State and the Council’s Statement of Licensing Policy;

(x)      reference to the joint enforcement protocol with North Wales Police and the Council and three stage enforcement with an escalation mechanism – the failure of the Premises Licence Holder to engage with Police having resulted in immediate escalation to stage three, and

(xi)     options available to the committee when determining the Review application.

The Enforcement Officer (HB) introduced the report and outlined the facts of the case.  There had been some confusion on the part of the premises management with regard to the Designated Premises Supervisor and it was clarified that Mrs. Vanessa Steele was the Designated Premises Supervisor, not Ms. Kayleigh Mannion.  Mrs.  ...  view the full minutes text for item 3.

To consider an application for a new Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 in respect of 39 Well Street, Ruthin (an outline of the submission and associated papers are attached).

11.30 a.m.

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

RESOLVED that the application be granted as applied for subject to conditions.

A report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)        an application having been received from Richard John Green for a new Premises Licence in respect of 39 Well Street, Ruthin proposing to operate as a micro-pub selling alcohol for consumption on and off the premises;

(ii)       the applicant having requested authorisation to provide the following licensable activities –

(iii)     four written representations (Appendix B to the report) having been received in response to the public notice relating to possible disturbance from noise and anti-social behaviour;

(iv)     the Council’s Environmental Health Section having submitted representations (Appendix C to the report) relating to the premises close proximity to residential properties and proposed a number of conditions (which had been agreed by the Applicant) to  be imposed should the licence be granted to assist in the prevention of public nuisance;

(v)       the North Wales Police having submitted representations to the application and proposed a number of conditions (which had been agreed by the Applicant) to be imposed should the licence be granted in order to promote the prevention of crime and disorder licensing objective (Appendix D to the report);

(vi)      the Applicant having also provided a written response to the concerns of residents (Appendix E to the report) and indicated a willingness to mediate with the Interested Parties – however some objectors had indicated they preferred the matter to be brought before the Licensing Sub Committee;

(vii)    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

(viii)   the options available to the committee when determining the application.

The Enforcement Officer (HB) introduced the report and outlined the facts of the case.

APPLICANT’S SUBMISSION

The Applicant, Mr. Richard Green was in attendance in support of his application together with his wife, Mrs. S. Green and his business partner Mr. D. McPherson.  Mrs. Green summarised the application for a micro-pub requesting permitted hours from 12 noon to 10.00 p.m. but advised that usual opening hours would be between 3.00 p.m. and 10.00 p.m. apart from a Saturday.  The business would not usually be open on a Monday unless it was a bank holiday.

In response to members’ questions –

·         Mr. Green provided some background to the business proposal and included his experience in the brewing industry and recently opened micro-pubs in Rhyl and Prestatyn which operated with similar licensing conditions; he also gave assurances regarding compliance with the proposed conditions

·         Mr. McPherson also provided some background to his involvement and experience in the brewing industry and elaborated upon partnership plans with Mr. Green for the proposed micro-pub in Ruthin

·         assurances were provided that there had been no incidents at any of the micro-pubs operated by the Applicant where the Police had been called and records were kept of any refusals to serve; CCTV was also maintained

·         details were provided of staff training, including induction and policy requirements, together with training opportunities in terms of licensing and management as appropriate; a hands on approach was taken by stakeholders

·         reference was made to the target market with a demographic of mixed gender, age range 30 to 65; quality products were sold at a higher price point than the competition because the products were hand crafted; a safe and welcoming  ...  view the full minutes text for item 4.