Agenda, decisions and draft minutes
Contact: Committee Administrator (KEJ) Email: democratic@denbighshire.gov.uk
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POINT OF NOTICE Due to the current restrictions on travel and requirement for social distancing as a result of the coronavirus pandemic the meeting was held remotely by video conference and was not open to the general public. |
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WELCOME Councillor Hugh
Irving, Chair of the Licensing Committee welcomed everyone present and made
introductions. He also drew attention to
the procedures to be followed at the hearing which had been circulated
previously to all parties. |
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APPOINTMENT OF CHAIR To appoint a Chair for the meeting. Decision: Councillor Hugh Irving was formally appointed Chair for the meeting. Minutes: Councillor Hugh Irving was formally appointed Chair for the meeting. |
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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 personal or prejudicial interest had been
raised. Minutes: No declarations of personal or prejudicial interest had been raised. |
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LICENSING ACT 2003: REVIEW OF A PREMISES LICENCE - THE NORTH, 27 WELLINGTON ROAD, RHYL PDF 231 KB To consider an application from North Wales Police for the review of a Premises Licence submitted in accordance with Section 51 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
conditions on the Premises Licence be modified in line with the twelve modifications
as recommended by North Wales Police in their Review Application, including
removal of the Designated Premises Supervisor. Minutes: A report by the Head of Planning, Public Protection
and Countryside Services (previously circulated) was submitted upon – (i)
an
application having been received from North Wales Police for the Review of a
Premises Licence in respect of The North, 27 Wellington
Road, 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 as stated on the application being as follows – “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 but in summary relate to a chronology of
numerous incidents of crime, disorder and anti-social behaviour
linked to the premises, its customers and the running of the establishment
dating back to December 2018 leading to a lack of confidence in the overall
management and control of the premises; consequently the Police recommended
modification of the Premises Licence as a means of
addressing areas of concern; (iii)
reference
having been made to utilisation of the joint
enforcement protocol with North Wales Police and the Council to deal with
problems at licensed premises culminating in the application to Review the
Premises Licence; (iv)
there
having been two representations received in response to the requisite public
notice of the Review Application (attached at Appendix C to the report); (v)
representations
having also been received in response to the Review Application from Mr. Robin
Jones, Director of The North, Rhyl Ltd (Premises Licence
Holder - PLH) and Designated Premises Supervisor (DPS) (attached at Appendix D
to the report); (vi)
the
need to consider the Review Application taking due account of the Council’s
Statement of Licensing Policy; Guidance issued by the Secretary of State; other
relevant legislation and representations received, and (vii)
the options available to the committee when determining the application. The Licensing Officer introduced the report
and outlined the facts of the case. She
also drew attention to additional information from North Wales Police (which
had been agreed and circulated to all parties prior to the hearing) which included
reference to further incidents that had occurred since submission of the Review
Application covering the period March 2020 – August 2020. APPLICANT’S
(NORTH WALES POLICE) SUBMISSION Assistant Force Solicitor
Mr. Gareth Preston and the Police Licensing Officer PC Manus Sheridan were in attendance
on behalf of the North Wales Police. In making the case for the
Police, Mr. Preston reiterated the grounds for review and submitted that
despite continuing dialogue between the management and the Police, the
management had not effected a change to eliminate or even radically reduce the
difficulties with the continued operation of the premises. The additional information submitted in
evidence by the Police demonstrated that problems had not been appropriately
addressed and continued to affect the area.
Consequently, the Police had no confidence in the way the premises was
being managed which they submitted required a root and branch change. In detailing the recommended modifications to
the licence, it was the Police’s view that they were
entirely proportionate given the broad and serious nature of the problems which
persisted. The Police supported and
encouraged a vibrant, lively and safe late night economy and in that spirit had
not requested closure of the premises but, given the weight of evidence in this
case, it may be a consideration for the Sub Committee. The Police Solicitor referred to the comprehensive evidence provided in the Review Application and volume of call outs to the premises in the last five years with ... view the full minutes text for item 3. |