Agenda, decisions and draft minutes

Councillor Cefyn Williams was appointed Chair for the meeting.

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.

No declarations of interest were raised.

No declarations of interest were raised.

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.

RESOLVED that the application be granted, subject to conditions and a reduction in the permitted hours as applied for.

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.

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).

RESOLVED that the Premises Licence be revoked.

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.