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 Brian Jones, Vice-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 Brian Jones was formally appointed Chair for the meeting.

Councillor Brian Jones 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.

RESOLVED that the permitted hours for Recorded Music and Live Music on the premises be curtailed to 12 midnight Monday to Sunday and a condition be imposed with regard to the implementation of noise reduction measures.

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

(i)        an application having been received from Mr. M. O’Grady, Company Secretary of Victoria Apartments (Prestatyn) Ltd for the Review of a Premises Licence held by Admiral Taverns Limited in respect of The Royal Victoria, Sandy Lane, Prestatyn (a copy of the existing Premises Licence and current operating schedule having been attached as Appendix A to the report);

(ii)      the application having originally been submitted in February 2020 and the Licensing Sub Committee hearing scheduled to hear the application in March 2020 having subsequently been postponed due to the Covid-19 pandemic;

(iii)     the grounds for review which related to the prevention of crime and disorder and prevention of public nuisance licensing objectives and in particular, as stated on the application, noise issues at and around the premises affecting residential properties along with anti-social behaviour (full details of the Review Application having been attached as Appendix B to the report);

(iv)     the North Wales Police having submitted representations (Appendix C to the report) in response to the requisite public notice of the Review Application and having reviewed Police systems had raised no concerns in respect of the venue’s responsibilities under the licensing objectives relating to the prevention of crime and disorder and public nuisance;

(v)      comments received from the Council’s Pollution Control Section (Appendix D to the report) having confirmed some involvement since 2017 in relation to noise complaints associated with the premises but those complaints had not been substantiated and therefore no further action had been taken;

(vi)     there having been nine statements received from leaseholders/residents of Victoria Apartments (Appendix E to the report) in support of the Review Application referencing noise disturbance and anti-social behaviour;

(vii)    representations having also been received from the Premises Licence Holder Admiral Taverns Limited (Appendix F to the report) and the Designated Premises Supervisor (Appendix G to the report) in response to the Review Application and issues raised therein;

(viii)  mediation between parties having resulted in the Applicant submitting proposals to address concerns, namely a reduction in opening hours and sound proofing measures (Appendix H to the report).  The Premises Licence Holder having responded that they could not agree to the proposed reduction in hours as the venue would not be viable but agreed to meet officers on site to consider noise reduction measures (Appendix I to the report).  However due to Covid-19 restrictions a site meeting had yet to take place;

(ix)     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

(x)      the options available to the Sub Committee when determining the application.

The Licensing Officer introduced the report and detailed the facts of the case.

APPLICANT’S SUBMISSION

The Applicant, Mr. M. O’Grady, Company Secretary of Victoria Apartments (Prestatyn) Ltd (VAPL) was in attendance in support of the Review Application.

In making his case Mr. O’Grady referred to the grounds for review as detailed in the application which had been supported by nine witness statements (Appendix E to the report).  He provided some background in terms of the different parties involved, including Admiral Taverns as freeholder of the entire building, and explained the former hotel had been converted into twenty-two residential units let on long leases with one flat retained by Admiral Taverns together with the Victoria Pub.  Until 2017 two directors of VAPL were also board members of Admiral Taverns and given the conflict of interest they had been removed and replaced  ...  view the full minutes text for item 3.