Agenda, decisions and draft minutes

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.

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.

Councillor Hugh Irving was formally appointed Chair for the meeting.

Councillor Hugh Irving was formally appointed Chair for the meeting.

No declarations of personal or prejudicial interest had been raised.

No declarations of personal or prejudicial interest had been raised.

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).

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.

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.