Agenda item
LICENSING ACT 2003: APPLICATION FOR A NEW PREMISES LICENCE - 39 WELL STREET, RUTHIN
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).
Decision:
RESOLVED that the
application be granted as applied for subject to conditions.
Minutes:
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
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.
Supporting documents: