Agenda item
LICENSING ACT 2003: APPLICATION FOR A PREMISES LICENCE - THE WELLINGTON, 34 WELLINGTON ROAD, RHYL
To consider an application for a Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 (an outline of the submission and associated papers are attached).
Decision:
RESOLVED that the
application be granted as applied for, subject to the conditions put forward by
North Wales Police and previously agreed with the Applicant.
Minutes:
The Licensing Officer submitted a report by the Head
of Planning and Public Protection (previously circulated) upon –
(i)
an
application having been received from Mr. Sean Donnelly for a new Premises Licence in respect of The Wellington (formerly The
Liverpool Arms), 34 Wellington Road, Rhyl;
(ii)
the
applicant having requested authorisation to provide
the following licensable activities –
LICENSABLE
ACTIVITY |
DAYS
APPLICABLE |
TIME
FROM |
TIME
TO |
Indoor Sporting Events (Darts/Pool/Dominoes) |
Mon-Thurs Fri- Sat Sun |
10:00 10:00 11:00 |
00:00 01:30 00:30 |
Live Music (indoors only) |
Mon – Thurs Fri – Sat Sun New Year’s Eve |
17:00 12:00 11:00 |
00:00 01:30 12:30 02:00 |
Recorded Music (indoors only) |
Mon – Thurs Fri – Sat Sun New Year’s Eve |
10:00 10:00 11:00 10:00 |
00:00 01:30 12:30 02:00 |
Performance of Dance (Indoors) |
Fri – Sat Sun New Year’s Eve |
12:00 11:00 10:00 |
01:30 12:30 02:00 |
Entertainment of a similar description to live music, recorded music
or performance of dance (Indoors) |
Mon – Thurs Fri – Sat Sun New Year’s Eve |
10:00 10:00 11:00 10:00 |
00:00 01:30 12:30 02:00 |
Supply of Alcohol (for consumption ON and OFF the premises ) |
Mon – Thurs Fri – Sat Sun New Year’s Eve |
10:00 10:00 11:00 10:00 |
00:00 01:30 00:30 02:00 |
(iii)
a Premises
Licence allowing the sale of alcohol and regulated
entertainment at the premises having been surrendered by the previous licence holder in 2011;
(iv)
the
applicant having stated that the premises was proposing to trade as a public
house;
(v)
the
North Wales Police having raised objections to the application but following
discussions with the applicant a number of conditions designed to further
promote the licensing objectives had been drawn up (Appendix A to the report)
and on that basis the Police requested that if members were minded to grant the
application, they consider incorporating those conditions within the premises’
Operating Schedule;
(vi)
two
written representations having been received from interested parties in
response to the public notice (Appendix B to the report) relating primarily to
possible disturbance from noise and anti-social behaviour;
(vii)
the
proposed Operating Schedule (Appendix C to the report);
(viii)
the
need to consider the application taking due account of Guidance and the
Council’s Statement of Licensing Policy; other relevant legislation and
relevant representations received, and
(ix)
the
options available to the committee when determining the application.
The Licensing Officer summarised
the report and outlined the facts of the case.
APPLICANT’S
SUBMISSION
The applicant, Mr. Sean Donnelly was in
attendance at the meeting in support of his application. He explained that he had recently taken over
the premises and prior to that had been tenant of The Lorne Public House,
Rhyl. During his tenancy he had
established a good working relationship with the Police and remained a member
of the Pubwatch and Town Link schemes. Mr. Donnelly provided assurances regarding
his future intentions, advising of major alterations inside the premises in order
to create a country cottage type environment to attract his target client base
of 30 years and above. He did not wish
to cause disruption to neighbours and did not intend
to play loud music, advising that in general music would cease at 11.30 p.m. and
the premises would close around 12 midnight.
In response to questions the applicant
advised that –
·
the
renovations did not include sound insulation but if noise became a problem he
would consider that possibility
·
reported
upon his previous experience in the licensed trade including his tenancy at The
Lorne Public House and prior to that some years ago in England.
NORTH
WALES POLICE SUBMISSION
A representative from North Wales Police
was not in attendance. Members were
advised of their written representations and a number of conditions which had
been agreed between the Applicant and North Wales Police in order to further
promote the licensing objectives (reproduced at Appendix A 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.
PUBLIC
REPRESENTATIONS FROM INTERESTED PARTIES
Two written representations (Appendix B to
the report) had been received from Interested Parties: (1) Mr. B. Ellis of
Carlisle Avenue, Rhyl, and (2) Ms. M. Sidoli of
Wellington Road, Rhyl objecting to the application primarily on the grounds of
noise and disturbance.
Ms. M. Sidoli
addressed the Sub Committee in support of her written representations and
elaborated upon her concerns regarding noise levels and opening hours. She queried why the Applicant had applied for
later opening hours when he had specified his intention to operate fewer hours
and close earlier. Concerns were also
raised that should the premises be sold in future the new owner may operate to
the maximum permitted hours. Ms. Sidoli referred to problems experienced when the premises
was previously operated as a public house and she argued that there were now
more residents in the vicinity with young families which would be
affected. She did not consider the
proposed measures to prevent public nuisance as detailed in the Operating
Schedule would be effective.
Mr. B. Ellis was also in attendance in
support of his written representations and reiterated his concerns regarding
noise nuisance, particularly from patrons leaving the premises and associated
noise from talking and car doors slamming into the early hours of the morning.
In response to questions both Ms. Sidoli and Mr. Ellis confirmed that their concerns had been
largely based on the problems associated with the previous operation of the
premises when noise and disturbance had been experienced. However Ms. Sidoli
pointed out that lessons could be learned from the past and she felt the
historical problems associated with the premises had a bearing on the current
application.
APPLICANT’S
FINAL STATEMENT
In making a final statement Mr. Donnelly
acknowledged the concerns of the Interested Parties given the history of the
premises and its former poor reputation.
He explained that one of the reasons for changing the name of the
premises had been due to that historical link and he intended to change that
image and attract a completely different type of clientele.
ADJOURNMENT
TO CONSIDER THE APPLICATION
At this juncture (2.25 p.m.) the Licensing
Sub Committee adjourned to consider the application.
DECISION
RESOLVED that the application be
granted as applied for subject to the conditions as put forward by the North
Wales Police and previously agreed with the Applicant as set out below –
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 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 and 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, 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 assistance to the premises
g) Any
ejection from the premises
h) Any
first aid/other care given to a customer.
6. The
incident and refusals book must be made available for inspection by responsible
authorities on request. This information
may also be recorded electronically by the use of a till based or similar
system
7. The
incident and refusals book to be reviewed every two weeks by premises
management and signed/dated to confirm compliance
8. The
incident and refusals book record will be made available for inspection on
demand by North Wales Police or Local Authority officers on request
9. On
nights when the premises is open beyond 00.00 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 premise. These persons will be employed solely in the
management of the entry and exit of customers and the maintenance of order at
the premise.
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 yrs of age) will only be allowed on the
premises if they are accompanied by an adult at all times
5. No
children (under 18 yrs of age) will be allowed on the
premises after 21.00 hrs
The Chair conveyed the Sub Committee’s decision to all
parties at the meeting and the Principal Solicitor reported upon the reasons
for the decision as follows –
The Licensing Sub
Committee found the representations put forward by the Interested Parties to be
based on historical information and data relating to the previous use of the
premises as a public house. There was no
evidence that noise would be a problem if the current application was granted
and the Sub Committee was satisfied with the assurances given by the Applicant
in that regard. Members also confirmed
that they were satisfied with the conditions agreed between the Applicant and
the North Wales Police in order to address the licensing objectives relating to
the Prevention of Crime and Disorder and the Protection of Children from Harm
and agreed that they be imposed on the licence.
All parties were advised of their right of appeal
against the Sub Committee’s decision to the Magistrates Court within twenty one
days.
Supporting documents: