Agenda, decisions and draft minutes

Councillor Cefyn Williams was appointed Chair.

Councillor Cefyn Williams was appointed Chair for the meeting.

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 the variation of a Premises Licence submitted in accordance with Section 34 of the Licensing Act 2003 (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 be refused.

The Licensing Officer submitted a report by the Head of Planning and Public Protection (previously circulated) upon –

(i)        an application having been received from Mr. John Sydney Wynne for the variation of a Premises Licence in respect of Devine, Lenton Pool, Denbigh;

(ii)      the existing Premises Licence authorising the following –

(*the supply of Late Night Refreshment only became a licensable activity between the hours of 23.00 and 05.00)

(iii)     the applicant having submitted an application for variation as follows –

(iv)     one written representation having been received from an interested party in response to the public notice (Appendix A to the report) relating to possible noise nuisance as a result of loud music along with the disturbance that may be caused  by people leaving the premises late at night and during the early hours;

(v)      the North Wales Police having raised objections 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 B 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;

(vi)     the Council’s Planning Authority having advised that there was some discrepancy between the current authorised use of the premises to that proposed within the application;

(vii)    the proposed and current Operating Schedules (Appendix C and D to the report);

(viii)  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

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

The Licensing Officer summarised the report and outlined the facts of the case.  Since publication of the report mediation had been ongoing between the Applicant and the interested party from the neighbouring property which had resulted in the temporary removal of a speaker from the party wall.  The interested party had been satisfied with noise levels since then and had agreed to withdraw his representation provided guarantees were given by the Applicant over future noise levels.  Despite providing verbal assurances in that regard the Applicant had failed to confirm that agreement in writing and therefore the representation still stands.  In terms of the discrepancy highlighted by the Planning Department over authorised use of the premises members were advised that the Applicant was addressing that issue directly with the Planning Department.

APPLICANT’S SUBMISSION

The Applicant, Mr. John Sydney Wynne was not in attendance at the meeting  ...  view the full minutes text for item 3.