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 had been raised.

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.

RESOLVED that the press and public be excluded from the meeting for the following item of business on the grounds that it would involve the disclosure of information relating to an individual which may breach their privacy or be likely to be a breach of the Data Protection Act 1998.

To consider a confidential report seeking members’ review of a Personal Licence following conviction of a relevant offence under the Licensing Act 2003 (an outline of the submission and associated papers are attached).

3.30 pm

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

RESOLVED to propose no further action be taken in respect of the Personal Licence.

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

(i)             the suitability of the Personal Licence Holder to continue to hold a Personal Licence following a conviction obtained in March 2024 of a relevant offence under Schedule 4 of the Licensing Act 2003;

(ii)            the powers conferred on Licensing Authorities to suspend (for up to 6 months) or revoke a Personal Licence where an individual holding a Personal Licence had been convicted of a “relevant offence”;

(iii)          referred to the formal Section 132A notice served with no representations received from the Personal Licence Holder within the 28-day timescale;

(iv)          the need to consider the case taking due account of the Council’s Statement of Licensing Policy and Guidance issued under Section 182 of the Licensing Act 2003 together with any relevant representations received, and

(v)           the Personal Licence Holder having been invited to attend the meeting in support of the licence review and to answer members’ questions thereon.

The Personal Licence Holder was in attendance in support of his licence review and was accompanied by one of his employees whom he had called as a witness.

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

The Personal Licence Holder submitted that he had been punished for his actions and the conviction had a significant detrimental impact on the day to day running of his business.  He had informed the Court that he held a Personal Licence and the Court had advised they would inform the Licensing Authority which was why he had not done so directly.  He explained the events leading up to the incident and mitigating circumstances which had been taken into consideration by the Court and had resulted in a reduced sentence.  Finally, he provided assurances that he was a responsible Personal Licence Holder, his premises were well run with no issues, and asked for that to be taken that into account when making their decision.  In response to questions, he elaborated on his business and operation of licensed premises.

Members raised further questions regarding the incident, subsequent conviction, and reasoning behind the actions of the Personal Licence Holder.  The Personal Licence Holder responded to those questions and also called upon his witness who corroborated his version of events in relation to the day before the offence and the mitigating circumstances put forward in this case.  The witness advised that CCTV and security logs had been submitted in evidence which had been accepted by the Court.  When asked why he had not made any representations within the 28 days permitted under the Section 132A notice, the Personal Licence Holder explained that he had been served the notice and advised that the matter would be put before the Committee for consideration, and he confirmed his attendance to explain the situation.  He apologised that he had not fully understood the process and had not submitted any representations beforehand.

In terms of a final statement the Personal Licence Holder asked members to consider his submissions and look favourably on his licence review.  He highlighted the serious implications for his businesses if his Personal Licence was reviewed and reiterated that his licensed premises were well run and without issues.

At this juncture (3.45 pm) the Chair closed the meeting to all other parties and the Licensing Sub Committee retired to consider the case in private session.

DECISION AND REASONS FOR THE DECISION

RESOLVED to propose no further action be taken in respect of the Personal Licence.

The Chair conveyed the Sub Committee’s decision to all parties present and the Legal Advisor outlined the next steps adding that  ...  view the full minutes text for item 4.