Agenda, decisions and draft minutes

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 appointed Chair for the meeting.

Councillor Hugh Irving was 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 for Variation of an existing Premises Licence in accordance with Section 34 of the Licensing Act 2003 in respect of The Cove, 17 – 19 Water Street, Rhyl (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, subject to conditions, the substantive application in relation to the variation of permitted hours for the licensable activities as applied for to 3.00 am Sunday – Thursday be granted, and the element of the application in relation to the amendment of conditions in respect of door supervisors be refused.

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

(i)        an application having been received from Ms. A. Nelson to vary an existing premises licence and extend the operating hours in respect The Cove, 17 – 19 Water Street, Rhyl and amend current conditions relating to door supervisors (Appendix A to the report);

(ii)      the applicant having requested authorisation to extend the hours as follows –

(iii)     the current premises licence (Appendix B to the report) authorised the provision of licensable activities as listed above on a Friday and Saturday (Appendix B to the report) and the application was relevant to Sunday – Thursday only for which licensable activities currently ended at 12 midnight;

(iv)     the application having also requested that the current licence conditions relating to door supervisors be amended as follows –

• Sunday to Thursday – 1 door supervisor from 21:00 to 03:00
• Friday and Saturday (and Bank Holidays / Events) – 2 door supervisors from 21:00 to 03:00

(v)      one written representation (Appendix C to the report) having been received from an Interested Party in response to the public notice relating mainly to possible disturbance from noise with a number of noise recordings having also been submitted in support of the representation (previously circulated);

(vi)     a process of mediation between the Applicant and Interested Party having failed to result in an agreed position in this case;

(vii)    the proposed Operating Schedule having been included as part of the application detailing a number of proposed steps to promote the four licensing objectives as a result of the variation (Section M, Appendix A to the report);

(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 Sub Committee when determining the application.

The Senior Licensing Officer introduced the report and detailed the facts of the case.  She also drew members’ attention to the supplementary information provided by the Applicant in support of her application which included letters from nearby residents and details of noise control measures (circulated prior to the meeting).

APPLICANT’S SUBMISSION

Ms. A. Nelson (Applicant) was in attendance in support of the application.

By way of background Ms. Nelson explained that she had taken over operation of the premises in 2019.  The variation application had been submitted predominantly to extend the licensing hours Sunday – Thursday from 12 midnight to 3.00 am in line with current operating hours on Friday and Saturday.  The maximum operating hours may not be used routinely but could be utilised if required.

Ms. Nelson responded to members’ questions as follows –

·         she fully engaged with the Police and was an active participant in the Pubwatch Scheme and actively promoted Time for Home and Ask Angela initiatives

·         other licensed premises in the vicinity operated later hours and the street became busier later at night, therefore an extension to current licensing hours would have a big impact in terms of the future viability of the business

·         the proposed changes to doors supervisor conditions had been requested to reflect the change in operating hours; the intention was to employ one door  ...  view the full minutes text for item 3.