Agenda item

To consider an application for a new Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 in respect of 39 Well Street, Ruthin (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 Richard John Green for a new Premises Licence in respect of 39 Well Street, Ruthin proposing to operate as a micro-pub selling alcohol for consumption on and off the premises;

 

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

 

LICENSABLE ACTIVITY	DAYS APPLICABLE	TIME FROM	TIME TO
Supply of Alcohol (for consumption on and off the premises)	Monday – Sunday	12:00	22:00
Hours that the premises would be open to the public	Monday – Sunday	12.00	22.00

 

(iii)     four written representations (Appendix B to the report) having been received in response to the public notice relating to possible disturbance from noise and anti-social behaviour;

 

(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 to assist in the prevention of public nuisance;

 

(v)       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 licensing objective (Appendix D to the report);

 

(vi)      the Applicant having also provided a written response to the concerns of residents (Appendix E to the report) and indicated a willingness to mediate with the Interested Parties – however some objectors had indicated they preferred the matter to be brought before the Licensing Sub Committee;

 

(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 Enforcement Officer (HB) introduced the report and outlined the facts of the case.

 

APPLICANT’S SUBMISSION

 

The Applicant, Mr. Richard Green was in attendance in support of his application together with his wife, Mrs. S. Green and his business partner Mr. D. McPherson.  Mrs. Green summarised the application for a micro-pub requesting permitted hours from 12 noon to 10.00 p.m. but advised that usual opening hours would be between 3.00 p.m. and 10.00 p.m. apart from a Saturday.  The business would not usually be open on a Monday unless it was a bank holiday.

 

In response to members’ questions –

 

·         Mr. Green provided some background to the business proposal and included his experience in the brewing industry and recently opened micro-pubs in Rhyl and Prestatyn which operated with similar licensing conditions; he also gave assurances regarding compliance with the proposed conditions

·         Mr. McPherson also provided some background to his involvement and experience in the brewing industry and elaborated upon partnership plans with Mr. Green for the proposed micro-pub in Ruthin

·         assurances were provided that there had been no incidents at any of the micro-pubs operated by the Applicant where the Police had been called and records were kept of any refusals to serve; CCTV was also maintained

·         details were provided of staff training, including induction and policy requirements, together with training opportunities in terms of licensing and management as appropriate; a hands on approach was taken by stakeholders

·         reference was made to the target market with a demographic of mixed gender, age range 30 to 65; quality products were sold at a higher price point than the competition because the products were hand crafted; a safe and welcoming environment was created to enable individuals to socialise, with many retirees visiting between 6.00 p.m. and 8.00 p.m. for that purpose.  No food was served at the premises but bar snacks such as crisps were available

·         it was confirmed that the micro-pubs in Rhyl and Prestatyn were in close proximity to residential properties.  The Rhyl premises was situated in a row of shops with residential flats above and a residential estate nearby, the Prestatyn premises was situated opposite a retirement complex.

 

ENVIRONMENTAL HEALTH SUBMISSION

 

Mr. Sean Awbery from the Council’s Environmental Health Section referred to his written representations (Appendix C to the report) proposing a number of conditions to be imposed on the licence, if granted, in order to prevent public nuisance.  The conditions had been agreed with the Applicant.

 

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 D 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.

 

INTERESTED PARTIES SUBMISSION

 

Four written representations had been received (Appendix B to the report) from interested parties detailing concerns relating to the licensing objectives.  Those interested parties at the hearing included (1) Mr. G. Price and Mrs. S. Price, and (2) Mr. J. Brimble and Mrs. C. Brimble – all residents of Well Street, Ruthin.  Mrs. S. Price was elected spokesperson on behalf of those present.

 

Mrs. S. Price referred to the written representations and residents’ concerns which focused on noise nuisance, risk of second hand smoke, light pollution and noxious smells.  In reply Mrs. Green drew attention to the comprehensive written response to residents’ concerns (Appendix E to the report) detailing how those issues would be addressed and mitigated.  In response to further questions raised by Mrs. Price the Applicant and his representatives –

 

·         acknowledged concerns regarding the potential for patrons to smoke outside of the premises directly underneath residents’ windows but advised that previous experience had shown that few smokers were attracted to the micro-pub and any smoke would be diluted as it drifted upwards – patrons would not be encouraged to smoke outside the premises or permitted to take drinks outside for that purpose; signage would also be placed near the door to discourage that practice and the Applicant was willing to ascertain the feasibility of a fan/extraction installation at the front door to further address concerns

·         advised that a section of the internal rear space could be utilised for the purpose of storing waste and loading and unloading would be restricted to after mid-day when the premises would be opened to allow access

·         provided assurances with regard to noise confirming that arrangements were being made to engage a noise engineer to undertake a survey on the premises with a view to implementing any recommendations, such as the installation of an acoustic noise barrier, in order to address noise concerns; in terms of general noise from patrons outside the premises clear notices would be displayed requesting patrons respect local residents and leave quietly

·         reiterated that the premises would be open for limited hours, usually from 3.00 p.m. or 4.00 p.m. up to 10.00 p.m. with fifteen minutes drinking up time.

 

With the consent of the Chair, Councillor Bobby Feeley addressed the Sub Committee and reported upon a number communications she had received from residents raising similar concerns with regard to the application which included the potential for noise/disturbance; parking issues (including deliveries); unruly behaviour associated with drinking; passive smoking, and the possibility of live music.  Whilst there was an amicable mix of business and residents at present there were concerns that the balance may be disturbed if a licence was granted.  Whilst appreciating the suggested mitigating conditions to address concerns (Appendix C and D to the report) and the Applicant’s detailed response to the concerns raised (Appendix E to the report), residents remained worried that those conditions may not be adhered to or fully address all of the concerns raised.  A micro-pub was generally considered to be an excellent venture but it was questioned whether it was the right location to start such a venture given the concerns raised.  Mr. J. Brimble added that there were more suitable locations in the area for a micro-pub, reiterating his concerns, including passive smoking, and queried whether there was a smoking policy in place.  Mr. Sean Awbery responded that as far as he was aware there was no policy with regard to smoking in public areas.  Mr. G. Price also reiterated his concerns regarding the impact of noise and whilst he appreciated there was a public house and kebab shop further along the road, those businesses were not located directly below his residence.

 

The Chair questioned the issue of noise nuisance with Mr. Sean Awbery, Environmental Health Section who confirmed that, as part of the planning application, a noise assessment had been requested to test the robustness of the structure to contain noise and the Applicant had agreed to provide any upgrades as necessary which may form part of any future planning condition.  Mrs. Green clarified that, with regard to music, the micro-pubs in Rhyl and Prestatyn had an acoustic evening on a Wednesday or Sunday playing for approximately 1 – 1.5 hours from 7.00 p.m. – 8.30 p.m. – no electronic music was played.  Mr. McPherson added that the micro-pub movement was more about the art of conversation.

 

APPLICANT’S FINAL STATEMENT

 

In making a final statement Mrs. Green reiterated that they operated a responsible business and provided assurances that all concerns would be taken into account and full consultation was welcomed.  She also extended an invitation for residents to see how their other micro-pubs were operated with a view to providing further assurance and alleviating concerns raised.  The reasoning behind the choice of location for the business in Well Street was explained given its demographics with a good range of retail and comparable outlets.  The conditions put forward by the Police and Environmental Health had been accepted and any recommendations arising from the noise assessment (being undertaken as part of the planning application) would be implemented subject to being financially viable.

 

ADJOURNMENT TO CONSIDER THE APPLICATION

 

At this juncture (1.00 p.m.) the Licensing Sub Committee adjourned to consider the application.

 

DECISION AND REASONS FOR THE DECISION

 

RESOLVED that, subject to the conditions as set out below, a Premises Licence be granted (as applied for) for the following –

 

LICENSABLE ACTIVITY	DAYS APPLICABLE	TIMES
Supply of alcohol (for consumption on and off the premises)	Monday – Sunday	12.00 – 22:00
Hours premises are open to the public	Monday – Sunday	12.00 – 22:00

 

CONDITIONS

 

As put forward by the North Wales Police –

 

Prevention of Crime and Disorder

 

1)    CCTV

 

a)    A CCTV system will be installed at the premises and be in operation at all times the premises are open.

b)    The CCTV system will have cameras monitoring both the interior and exterior of the premises. In the case of the interior of the premises there will be sufficient cameras installed to cover all areas to which the public have access, with the exception of the toilet areas. All entry and exit points are to be covered and must provide a clear head and shoulders view.

c)    The CCTV system will be of a standard capable of providing images of evidential quality and capable of facial recognition in all lighting conditions.

d)    The CCTV system will have a facility to record the images from all cameras and these images will be retained for a minimum period of 28 days.

e)    The CCTV system will include a facility whereby the correct date and time are included within the images recorded.

f)     The CCTV system will have a facility whereby images can be downloaded onto some form of removable media. It is the responsibility of the premises licence holder to provide the removable media and that should removable media be seized, it is the responsibility of the premises to ensure that there are additional formats of removable media available.

g)    Images from the CCTV system will be made available to Police or Local Authority officers on demand.

h)    At least one member of staff trained in the use of the CCTV system and capable of providing the recorded images from the CCTV system will be on duty at all times the premises are open.

i)     The Designated Premises Supervisor must ensure daily checks of the operation of the CCTV system will be made at the start of business each day – any defects in the system will be addressed immediately. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority on request.

 

2)    PRIOR to being permitted to undertake the sale of alcohol all staff without a personal licence, including any unpaid members of staff, family members and casual persons who may be involved in the sale of alcohol at the premises, will be trained in their responsibilities under the Licensing Act 2003 and any subsequent amendments to that Act - in particular they will receive training with regard to the service of alcohol to persons who are drunk.

 

3)    Records of the initial training received and subsequent refresher training will be maintained and will be produced to Police or Local Authority officers on request.

 

4)    Incident and Refusals Book – an incident and refusals book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities. The incident and refusal book must be used to record the following:

 

a)            Any incident of violence or disorder on or immediately outside the premises.

b)            Any incident involving drugs (supply/possession/influence) on the premises.

c)            Any other crime or criminal activity on the premises.

d)            Any refusal to serve alcohol to persons who are drunk.

e)            Any refusal to serve alcohol to under 18’s or anyone who appears under 18.

f)             Any call for police, ambulance or fire service assistance to the premises.

g)            Any ejection from the premises.

h)            Any first aid/other care given to a customer.

 

5)    The details to be recorded within the incident and refusals book must include the following:

 

a)               Time, day & date of incident or refusal

b)               Person making the entry

c)               Staff witness

d)               Name & address of customer (if given)

e)               Description of Customer

f)                Reason for refusal or Nature of incident

g)               If police, ambulance or fire service were called

 

6)    The incident and refusals book must be made available for inspection by responsible authorities on request.  The information may also be recorded electronically by the use of a till based or similar system.

 

The Protection of Children from Harm

 

1)    The age verification policy that the premises will operate will be Challenge 25

 

2)    All staff, including any unpaid members of staff, family members and casual persons engaged in the sale of alcohol will be trained in the Challenge 25 policy PRIOR to being permitted to undertake the sale of alcohol and will undertake refresher training every six months as a minimum.

 

3)    Records of the Challenge 25 training will be maintained and will be made available for inspection on request by North Wales Police or Local Authority officers on request.

 

4)    Children (under 18 years of age) will only be allowed on the premises if they are accompanied by an adult at all times.

 

5)    No children (under 18 years of age) will be allowed on the premises after 19.00 hrs.

 

As put forward by the Council’s Pollution Control Section –

 

1)    The playing of live/recorded music externally is not permitted

 

2)    The placing of all receptacles outside the premises shall only be permitted to take place between the hours of 09.00 hrs and 21.00 hrs to minimise disturbance to nearby properties

 

3)    Prominent, clear and legible notices shall be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly

 

4)    No flashing or bright lights shall be positioned on or outside the premises and any security or access lighting shall be installed and operated so as not to cause a nuisance to nearby properties

 

The Chair conveyed the Sub Committee’s decision to the parties present and the Solicitor reported upon the reasons for the decision as follows –

 

Members had carefully considered the application and representations submitted in this case.

 

The Applicants had acknowledged the concerns raised by residents and indicated that they were willing to work with residents to further alleviate those concerns and welcomed that opportunity.  There was some assurance that the concerns about noise could be addressed and a survey would be undertaken to ascertain what measures could be put in place to prevent noise nuisance.  The Sub Committee was not satisfied that there would be undue levels of noise disturbance emanating from the premises given that the ethos of the business aimed to appeal to a more mature clientele attracted to the craft ales and conversation as opposed to more typical pub activities.

 

The Applicants would also be taking measures to reduce and minimise the effect of any smoke nuisance to the residents in the area.  It would not be an activity encouraged as part of their business which generally attracted very few smokers.  The Applicants had also advised that they would consider further preventative measures and were open to advice on how to reduce any nuisance in that regard.

 

The Sub Committee supported the suggestion that residents visit other similar premises operated by the Applicants to allay any fears they may have about the business and its operation.  Members also welcomed the open and transparent manner in which the Applicants addressed the concerns of the residents and their willingness to work together, and encouraged the residents to keep this type of dialogue with the Applicants.

 

The Interested Parties were advised of the right of appeal against the Licensing Sub Committee’s decision to the Magistrates Court within twenty one days.  The residents also had the assurance that they could bring the matter back for a Review once the premises was in operation if the business did not comply with the conditions of the licence or the licensing objectives.

 

The meeting concluded at 1.30 p.m.