Agenda, decisions and draft minutes

Councillor Hugh Irving left the meeting at the conclusion of agenda item 3 and was replaced in the Chair by Councillor Alan James.

Councillor Hugh Irving was appointed Chair for agenda item 3

Councillor Alan James was appointed Chair for agenda item 4

Councillor Hugh Irving was appointed Chair for agenda item 3

Councillor Alan James was appointed Chair for agenda item 4

All parties were welcomed to the meeting and all present 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 declaration of interest had been raised.

No declaration of interest had been raised.

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 in respect of The Barrell, 37 – 39 Water Street, Rhyl (an outline of the submission and associated papers are attached).

10.00 a.m.

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. Ian Mcallister in respect of The Barrell, 37 - 39 Water Street, Rhyl (a copy of the existing Premises Licence and current operating schedule having been attached as Appendix A to the report);

(ii)      the grounds for review related to the Licensing Objectives for the Prevention of Crime and Disorder and Public Safety as follows –

·         “North Wales Police have a lack of confidence in the management of the Premises to responsibly manage the premises

·         Failure to challenge drunk customers and allowing customers to get drunk on premises and serving drunken customers

·         Failure to manage the behaviour of customers at the premises

·         Failure of the premises to adequately manage and control incidents of crime and disorder

·         Evidence of an environment within the premises whereby drug taking is openly tolerated

·         Failure to report all incidents of crime and disorder to North Wales Police

·         North Wales Police is of the opinion that the hours for licensable activities are not suitable for the premises and that the majority of incidents occur after 00:00

·         Failure to promote the Licensing Objectives, particularly the Prevention of Crime and Disorder, Public Safety and Public Nuisance”

full details of the Review Application having been attached as Appendix B to the report;

(iii)     there having been no further representations received from Responsible Authorities or members of the public in response to the requisite public notice of the Review Application;

(iv)     reference to the joint enforcement protocol with North Wales Police and the Council and the three stage enforcement system culminating in an application for Review of the Premises Licence;

(v)      Mr. Sean Mountford having been proposed to be the Designated Premises Supervisor at the premises following submission of the Review Application however no official application had been received in that regard and therefore Mr. David Jai Jones remained the Designated Premises Supervisor;

(vi)     the need to consider the Review application taking due account of the Guidance issued by the Secretary of State and the Council’s Statement of Licensing Policy, and

(vii)    options available to the committee when determining the Review application.

The Licensing Officer (NJ) introduced the report and outlined the facts of the case.

APPLICANT’S (NORTH WALES POLICE) SUBMISSION

Chief Inspector Andrew Williams and Police Licensing Manager Aaron Haggas were in attendance in support of the Review on behalf of North Wales Police.

The Police Licensing Manager highlighted the duties placed on licensed premises to promote the licensing objectives and take a proactive approach in that regard.  He submitted that the incidents highlighted within the Review Application should not be classed as a normal consequence of the licensed trade or profile of the town and the action taken by the premises provided guidance on what standard of behaviour would be tolerated.  North Wales Police considered the lack of consequences to desist anti-social and criminal behaviour at the premises had resulted in such behaviour spilling outside onto Water Street with the lack of control and direction from the premises generating a culture of chaos with many incidents requiring Police presence.  It was also submitted that the premises had made no attempt to alleviate concerns and the Police had put forward a number of strategies, including reducing permitted hours, with the only change implemented being a handover of the premises management to another family member.  The premises had been insistent on remaining open after 12 midnight because it was their busiest time and  ...  view the full minutes text for item 3.

To consider an application for a new Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 in respect of Origin, 168 High Street, Prestatyn (an outline of the submission and associated papers are attached).

11.30 a.m.

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

RESOLVED that the application be granted as applied for subject to conditions.

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

(i)        an application having been received from Mr Michael Kenneth Watts for a new Premises Licence in respect of Origin, 168 High Street, Prestatyn proposing to operate as a bar with quiet background music with the sale of alcohol offered for consumption both on and off the premises;

(ii)      the applicant having requested authorisation to provide the following licensable activities –

(iii)     the North Wales Police having submitted representations to the application and proposed a number of conditions (which had been agreed by the Applicant) to be imposed should the licence be granted in order to promote the prevention of crime and disorder and protection of children from harm licensing objectives (Appendix B to the report);

(iv)     the Council’s Environmental Health Section having submitted representations (Appendix C to the report) relating to the premises close proximity to residential properties and proposed a number of conditions (which had been agreed by the Applicant) to be imposed should the licence be granted in order to assist in the prevention of public nuisance;

(v)      one written representation from an Interested Party (Appendix D to the report) having been received in response to the public notice relating to possible disturbance from noise and anti-social behaviour;

(vi)     officers having commenced mediation between the Applicant and the Interested Party with no resolution having been reached to date;

(vii)    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

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

The Licensing Officer (NJ) introduced the report and outlined the facts of the case.  Whilst an agreement had been reached with the North Wales Police and Council’s Pollution Control Section in terms of conditions to be imposed on the licence to address concerns and promote the licensing objectives, no resolution had been reached following mediation with the Interested Party.

APPLICANT’S SUBMISSION

The Applicant, Mr. Michael Watts was in attendance in support of his application.

Mr. Watts explained that he had applied for a music licence in order to play recorded background music only and the intention was to create an environment for conversation and socialising aimed at a more mature clientele.  [The Licensing Officer clarified that recorded background music was not a regulated activity which required licensing.]

NORTH WALES POLICE SUBMISSION

A representative from North Wales Police was not in attendance.  Members noted their written representations and a number of conditions which had been agreed between the Applicant and the North Wales Police in order to further promote the licensing objectives (reproduced at Appendix B to the report).  The Police had requested that if members were minded to grant the application they consider incorporating those conditions within the Operating Schedule.

ENVIRONMENTAL HEALTH SUBMISSION

Mr. Philip Caldwell from the Council’s Environmental Health Section referred to his written representations (Appendix C to the report) proposing a number of conditions (which had been agreed with the  ...  view the full minutes text for item 4.