Agenda, decisions and draft minutes
Venue: by VIDEO CONFERENCE
Contact: Committee Administrator (KEJ) Email: democratic@denbighshire.gov.uk
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POINT OF NOTICE Due to the current restrictions on travel and requirement
for social distancing as a result of the coronavirus pandemic the meeting was
held remotely by video conference and was not open to the general public. |
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WELCOME Councillor Brian
Jones, Vice-Chair of the Licensing Committee welcomed everyone present and made
introductions. He also drew attention to
the procedures to be followed at the hearing which had been circulated
previously to all parties. |
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APPOINTMENT OF CHAIR To appoint a Chair for the meeting. Decision: Councillor Brian Jones was formally appointed Chair for the
meeting. Minutes: Councillor Brian Jones was formally appointed Chair for 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 personal or prejudicial interest had been
raised. Minutes: No declarations of personal or prejudicial interest had been raised. |
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LICENSING ACT 2003: REVIEW OF A PREMISES LICENCE - THE ROYAL VICTORIA, SANDY LANE, PRESTATYN Decision: RESOLVED that the permitted hours for Recorded Music and Live Music on the premises be curtailed to 12 midnight Monday to Sunday and a condition be imposed with regard to the implementation of noise reduction measures. Minutes: A report by the Head of Planning, Public Protection
and Countryside Services (previously circulated) was submitted upon – (i)
an
application having been received from Mr. M. O’Grady, Company Secretary of
Victoria Apartments (Prestatyn) Ltd for the Review of a Premises Licence held
by Admiral Taverns Limited in respect of The Royal Victoria, Sandy Lane,
Prestatyn (a copy of the existing Premises Licence and current operating
schedule having been attached as Appendix A to the report); (ii)
the
application having originally been submitted in February 2020 and the Licensing
Sub Committee hearing scheduled to hear the application in March 2020 having
subsequently been postponed due to the Covid-19 pandemic; (iii)
the
grounds for review which related to the prevention of crime and disorder and
prevention of public nuisance licensing objectives and in particular, as stated
on the application, noise issues at and around the premises affecting
residential properties along with anti-social behaviour (full details of the
Review Application having been attached as Appendix B to the report); (iv)
the
North Wales Police having submitted representations (Appendix C to the report)
in response to the requisite public notice of the Review Application and having
reviewed Police systems had raised no concerns in respect of the venue’s
responsibilities under the licensing objectives relating to the prevention of
crime and disorder and public nuisance; (v)
comments
received from the Council’s Pollution Control Section (Appendix D to the
report) having confirmed some involvement since 2017 in relation to noise
complaints associated with the premises but those complaints had not been
substantiated and therefore no further action had been taken; (vi)
there
having been nine statements received from leaseholders/residents of Victoria
Apartments (Appendix E to the report) in support of the Review Application
referencing noise disturbance and anti-social behaviour; (vii)
representations
having also been received from the Premises Licence Holder Admiral Taverns
Limited (Appendix F to the report) and the Designated Premises Supervisor
(Appendix G to the report) in response to the Review Application and issues
raised therein; (viii)
mediation
between parties having resulted in the Applicant submitting proposals to
address concerns, namely a reduction in opening hours and sound proofing
measures (Appendix H to the report). The
Premises Licence Holder having responded that they could not agree to the
proposed reduction in hours as the venue would not be viable but agreed to meet
officers on site to consider noise reduction measures (Appendix I to the
report). However due to Covid-19
restrictions a site meeting had yet to take place; (ix)
the
need to consider the Review Application taking due account of the Council’s
Statement of Licensing Policy; Guidance issued by the Secretary of State; other
relevant legislation and representations received, and (x)
the
options available to the Sub Committee when determining the application. The Licensing Officer introduced the report
and detailed the facts of the case. APPLICANT’S
SUBMISSION The Applicant, Mr. M.
O’Grady, Company Secretary of Victoria Apartments (Prestatyn) Ltd (VAPL) was in
attendance in support of the Review Application. In making his case Mr. O’Grady referred to the grounds for review as detailed in the application which had been supported by nine witness statements (Appendix E to the report). He provided some background in terms of the different parties involved, including Admiral Taverns as freeholder of the entire building, and explained the former hotel had been converted into twenty-two residential units let on long leases with one flat retained by Admiral Taverns together with the Victoria Pub. Until 2017 two directors of VAPL were also board members of Admiral Taverns and given the conflict of interest they had been removed and replaced ... view the full minutes text for item 3. |