Agenda, decisions and draft minutes

Agenda, decisions and draft minutes

Venue: Conference Room 1a, County Hall, Ruthin

Contact: Committee Administrator (KEJ)  Email: democratic@denbighshire.gov.uk

Items
No. Item

1.

APPOINTMENT OF CHAIR

To appoint a Chair for the meeting.

Decision:

Councillor Cefyn Williams was appointed Chair for the meeting.

Minutes:

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.

 

2.

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 interest were raised.

Minutes:

No declarations of personal or prejudicial interest had been raised.

 

3.

LICENSING ACT 2003: APPLICATION FOR A NEW PREMISES LICENCE - PB'S, 17 - 19 WATER STREET, RHYL pdf icon PDF 121 KB

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).

 

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

Decision:

RESOLVED that the Premises Licence be granted, subject to conditions and opening hours as amended.

Minutes:

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

 

(i)        an application having been received from Mr. Jonathon Ashley Benbow for a new Premises Licence in respect of PB’s, 17 – 19 Water Street, Rhyl together with an Operating Schedule (Appendix A to the report);

 

(ii)      following objections from the North Wales Police the Applicant having amended the proposed opening hours originally requested for the provision of licensable activities as follows –

 

LICENSABLE ACTIVITY

DAYS ORIGINALLY APPLIED

AMENDED HOURS

Provision of Live Music

(Indoors only)

Occasional Live Band Nights

Monday – Sunday

08:00 – 03:00

Sunday – Thursday

 

Friday – Saturday

11:00 – 00:00

 

11:00 – 02:00

Provision of Recorded Music – during opening hours

(Indoors only)

Monday – Sunday

 

08:00 – 03:00

Sunday – Thursday

 

Friday – Saturday

11:00 – 00:00

 

11:00 – 02:00

Supply of Alcohol (for consumption on and off the premises)

Monday – Sunday

08:00 – 03:00

Sunday – Thursday

 

Friday – Saturday

11:00 – 00:00

 

11:00 – 02:00

Hours that the premises will be open to the public

Monday – Sunday

08:00 – 03:00

Sunday – Thursday

 

Friday – Saturday

11:00 – 00:00

 

11:00 – 02:00

 

(iii)     one written representation (Appendix B to the report) having been received from a member of the public living near the premises – whilst much of the representation referred to premises already operating within the vicinity, the resident objected to the application being granted unconditionally;

 

(iv)     the North Wales Fire and Rescue Services having submitted representations (Appendix C to the report) regarding outstanding matters relating to fire safety provisions at the premises;

 

(v)      the North Wales Police having submitted representations to the application together with a number of proposed conditions to be incorporated within the premises Operating Schedule should the application be granted (Appendix D to the report) – whilst the Applicant had confirmed he was willing to accept the additional conditions no final agreement had yet been reached;

 

(vi)     the Council’s Pollution Control Section having submitted representations (Appendix E 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 to assist in the prevention of public nuisance;

 

(vii)    the Applicant having indicated his willingness to work with Responsible Authorities and had so far agreed to all conditions proposed;

 

(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 Manager guided members through the report and provided an update on the latest position.  Members were advised that the North Wales Fire and Rescue Service had withdrawn their representations following a recent inspection of the premises which confirmed that all the deficiencies previously identified had been addressed and the fire safety provisions affecting public safety were now considered satisfactory.

 

APPLICANT’S SUBMISSION

 

The Applicant, Mr. Jonathon Benbow was in attendance in support of his application accompanied by his wife, Mrs. Holley Benbow and legal representative Ms. Rebecca Boswell from Gamlins, Solicitors.  The proposed Designated Premises Supervisor – Mr. Ryan Hassett was also present.

 

Ms. Boswell reminded members that the Fire Service’s representations had since been resolved.  In terms of concerns over noise nuisance the Applicant had agreed to comply with all conditions proposed by the Council’s Pollution Control Officer in order to minimise noise emanating from the premises and she detailed  ...  view the full minutes text for item 3.