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 Origin, 168 High Street, Prestatyn (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 Mr Michael Kenneth Watts for a new Premises Licence in respect of Origin, 168 High Street, Prestatyn proposing to operate as a bar with quiet background music with the sale of alcohol offered for consumption both 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
Recorded Music (Indoors)   Non-Standard Timings Seasonal Variations	Sunday – Thursday Friday & Saturday Bank Holiday Sundays New Year’s Eve Christmas Eve	12:00 12:00 12:00 11:00 11:00	23:00 01:00 00:00 02:00 01:00
Supply of Alcohol (for consumption on and off the premises)	Sunday – Thursday Friday & Saturday Bank Holiday Sundays New Year’s Eve Christmas Eve	12:00 12:00 12:00 11:00 11:00	23:00 01:00 00:00 02:00 01:00
Hours that the premises would be open to the public	As those requested for licensable activities

 

(iii)     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 and protection of children from harm licensing objectives (Appendix B to the report);

 

(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 in order to assist in the prevention of public nuisance;

 

(v)      one written representation from an Interested Party (Appendix D to the report) having been received in response to the public notice relating to possible disturbance from noise and anti-social behaviour;

 

(vi)     officers having commenced mediation between the Applicant and the Interested Party with no resolution having been reached to date;

 

(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 Licensing Officer (NJ) introduced the report and outlined the facts of the case.  Whilst an agreement had been reached with the North Wales Police and Council’s Pollution Control Section in terms of conditions to be imposed on the licence to address concerns and promote the licensing objectives, no resolution had been reached following mediation with the Interested Party.

 

APPLICANT’S SUBMISSION

 

The Applicant, Mr. Michael Watts was in attendance in support of his application.

 

Mr. Watts explained that he had applied for a music licence in order to play recorded background music only and the intention was to create an environment for conversation and socialising aimed at a more mature clientele.  [The Licensing Officer clarified that recorded background music was not a regulated activity which required licensing.]

 

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 B 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.

 

ENVIRONMENTAL HEALTH SUBMISSION

 

Mr. Philip Caldwell from the Council’s Environmental Health Section referred to his written representations (Appendix C to the report) proposing a number of conditions (which had been agreed with the Applicant) to be imposed on the licence, if granted, in order to prevent public nuisance.  Mr. Caldwell added that he had also spoken to the Applicant with regard to the planning process and requested that suitable noise barriers be installed at the premises.  Given those additional measures Mr. Caldwell advised that he had no objection to the application, particularly if it was limited to background music only.

 

INTERESTED PARTIES SUBMISSION

 

One written representation had been received (Appendix D to the report) from Interested Party, Miss. P.E. Stevens of High Street, Prestatyn.  Miss. Stevens had indicated that she would not be attending the meeting and was content for the hearing to proceed in her absence with her written representation being taken into account as part of that process.  Her representation was subsequently read aloud to the Licensing Sub Committee and raised concerns regarding potential noise nuisance and anti-social behaviour.

 

The Applicant responded to members’ questions as follows –

 

·         the intention was to cater for a mature clientele, as opposed to the younger generation, which may give some comfort to the Interested Party who had raised concerns regarding anti-social behaviour arising from the premises

·         there was no specific parking for patrons however if patrons were drinking they should not be driving in any event and similar licensed premises in the area did not provide parking for customers

·         confirmed that he operated another licensed premises in Abergele and all staff had been appropriately trained in alcohol sales

·         remodeling/refurbishment works were required at the premises which had been closed for approximately eight years and it was anticipated that the premises would be ready to open around Easter 2019.

 

APPLICANT’S FINAL STATEMENT

 

In making a final statement Mr. Watts reiterated his intention to open a gin bar aimed at a more mature clientele with the provision of background music at a level to allow for conversation.

 

ADJOURNMENT TO CONSIDER THE APPLICATION

 

At this juncture (11.55 a.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
Recorded Music (Indoors)   Non-Standard Timings Seasonal Variations	Sunday – Thursday Friday & Saturday Bank Holiday Sundays New Year’s Eve Christmas Eve	12:00 – 23:00 12:00 – 01:00 12:00 – 00:00 11:00 – 02:00 11:00 – 01:00
Supply of alcohol (for consumption on and off the premises)	Sunday – Thursday Friday & Saturday Bank Holiday Sundays New Year’s Eve Christmas Eve	12.00 – 23:00 12:00 – 01:00 12:00 – 00:00 11:00 – 02:00 11:00 – 01:00
Hours premises are open to the public	As those requested for licensable activities

 

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)    Refresher training in relation to the initial training at 2) above will be undertaken by all members of staff involved in the sale of alcohol every six months.

 

4)    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.

 

5)    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.

 

6)    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

 

7)    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.

 

8)    On every Friday and Saturday night, all Bank Holidays, Christmas Eve and New Year’s Eve a minimum of one SIA registered door staff will be employed from 21:00 hrs until such time as the premises close for business and all customers have vacated the premises.  These persons will be employed solely in the management of the entry and exit of customers and the maintenance of order at the premises.

 

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.

 

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

 

1)    All windows and doors shall be secondary double glazed or better, to minimise break-out of noise

 

2)    All entrances and exits, excluding Fire Exits, shall have lobby entrances fitted, each with 2 sets of self-closing doors, to minimise the break-out of noise; both sets of doors will remain closed other than for access and egress whenever regulated entertainment is being played at a level considered to be above ‘background’

 

3)    All doors and windows shall be kept closed whenever music is being played at a level considered to be above ‘background’ to minimise the break-out of noise

 

4)    Noise limiters shall be fitted to amplification equipment and be set at a level agreed with Denbighshire County Council Pollution Control Officers.  Limiters shall be used at all times amplified equipment is being used for regulated entertainment

 

5)    If additional ventilation is required, the premises shall be fitted with acoustically treated ventilation / air conditioning to avoid the need to open doors and windows whenever music is being played at a level considered to be above ‘background

 

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

 

7)    The smoking area shall be closed to the public for the consumption of alcohol before 09:00 hrs and after 23:00 hrs

 

8)    The placing of bottles into 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

 

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

 

10) 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 residents.

 

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

 

Members had carefully considered the application and representations submitted in this case and were satisfied that the proposed agreed conditions with both the Police and Council’s Pollution Control Section were proportionate and would aid in the promotion of the licensing objectives.  The Licensing Sub Committee noted the concerns of the Interested Party.  The Licensing Sub Committee noted that it was the intention of the Applicant to only play background music and that this was not a regulated activity.  In the event that the Premises were to play music which fell into the realms of it being a regulated activity they were satisfied that the conditions agreed between the Applicant and the Council’s Pollution Control Section would address any noise concerns raised by the Interested Parties in that regard.

 

All parties had a right to appeal against the Licensing Sub Committee’s decision to the Magistrates Court within twenty one days.

 

The meeting concluded at 12.05 p.m.