Agenda item

To consider an application for a new Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 (an outline of the submission and associated papers are attached).

9.30 a.m.

RESOLVED that the application be granted, subject to conditions and a reduction in the permitted hours as applied for.

A report by the Head of Planning and Public Protection (previously circulated) upon –

 

(i)        an application having been received from Mr. Steven Evans for a new Premises Licence in respect of the Prince of Wales, Llangollen;

 

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

 

LICENSABLE ACTIVITY	DAYS APPLICABLE	TIME FROM	TIME TO
Provision of Live Music Amplified (Indoors only)	Monday – Sunday	19:00	01:00
Provision of Recorded Music (Indoors only - Jukebox)	Monday – Sunday	19:00	01:00
Provision of Performance of Dance (Indoor only)	Monday – Sunday	19.00	01.00
Supply of Alcohol (for consumption on and off the premises)	Sunday & Monday Tuesday & Wednesday Thursday – Saturday	11:00 11:00 11:00	00:00 23:00 01:00
*Hours that the premises will be open to the public	Sunday & Monday Tuesday & Wednesday Thursday - Saturday	11.00 11.00 11.00	01.00 00.00 02.00

 

(iii)     *the applicant having also requested that the premises remain open to the public from 11.00 a.m. until 02.00 a.m. on Christmas Eve and Boxing Day and in addition to the timings detailed above, the applicant having requested authorisation to provide alcohol from 1.00 a.m. until 02.00 a.m. on Boxing Day and Christmas Eve;

 

(iv)     one written representation (Appendix A to the report) having been received from two interested parties living near the premises highlighting areas of concern in relation to noise, disorderly behaviour and littering;

 

(v)      the North Wales Fire and Rescue Services having submitted representations (Appendix B to the report) advising that there were still outstanding matters to be addressed in terms of fire safety provisions at the premises which should be resolved prior to a licence being issued;

 

(vi)     the North Wales Police having submitted representations 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 C 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 (Appendix E to the report);

 

(vii)    the Council’s Pollution Control Section having submitted representations (Appendix D to the report) raising concerns regarding the close proximity of the premises to residential properties and proposed a number of conditions (which had been agreed by the Applicant) to be imposed should the licence be granted;

 

(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 committee when determining the application.

 

The Public Protection Business Manager guided members through the report and outlined the facts of the case.  Mediation had been ongoing between the Applicant and the nearby residents in order to address their concerns.  An email was read out from one of those residents, Mr. Simon Proffitt, advising that the Applicant had agreed to consider better sound protection for the side windows and would enforce a ban on carrying open drinks off the premises.

 

APPLICANT’S SUBMISSION

 

The Applicant, Mr. Steven Evans was in attendance in support of his application.  A legal technicality meant it had not been possible to transfer the existing premises licence and a new application had to be submitted.  Mr. Evans advised that the premises had been operated responsibly under the previous licence and there had been no issues with the Police or Environmental Health and he had also agreed to all the measures requested.  He asked that the application be granted in line with the previous premises licence and as applied for.

 

NORTH WALES FIRE AND RESCUE SERVICE SUBMISSION

 

Mr. David Roberts, Compliance Manager and Mr. Nigel Day, Compliance Officer attended on behalf of the North Wales Fire and Rescue Service.

 

The Fire Officers elaborated upon concerns in respect of the premises as detailed in their written representations (Appendix B to the report) and following the most recent Fire Safety audit, highlighting issues which needed to be addressed before a licence was granted.  It was explained that fire safety issues identified following an inspection in June 2015 had not been completely addressed, including the issue with the double gate to the side of the premises that was locked when the premises was occupied causing egress to be delayed in the event of an emergency evacuation.  In addition issues identified in the Fire Risk Assessment undertaken in May 2016 had not been prioritised, actioned or completed.  Many issues had been identified as high risk and required addressing in a very short timescale or before the premises was occupied.  Whilst the Applicant had given assurances that the necessary works would be carried out, no evidence had been provided in that regard.  The fact that some issues remained outstanding since June 2015 gave the Fire Authority cause for concern.

 

In response to questions regarding the outstanding issues the Applicant explained that work had been carried out in terms of testing and dating of the fire extinguishers and most of the other works would be carried out in the next few weeks.  There had been a delay in resolving the fire alarm and double gate issues given that there were plans to create flats above the premises.  In addition the Police had insisted that the double gates be kept locked as a control measure and a plan had been put in place to allow for the gate to be unlocked in the event of fire.  The Fire Officers expressed concern regarding the effectiveness of that plan and suggested an electronic mechanism to ensure the gate could be easily opened.

 

INTERESTED PARTIES SUBMISSION

 

One written representation had been received (Appendix A to the report) from Simon Proffitt and Jen Sandiford of Regent Street detailing their concerns which included noise, disorderly behaviour and littering.  Both Mr. Proffitt and Ms. Sandiford were present at the meeting.

 

Mr. Proffitt referred to the written representations detailing his concerns.  Whilst accepting that some issues were beyond the control of the licensee, concerns were raised regarding the volume of music emanating from the premises into the early hours of the morning causing disturbance.  He also referred to disturbance from patrons leaving the premises and congregating near the property together with concerns over littering, including glasses and bottles being discarded.  It was noted that a ban on patrons taking drinks off the premises over the last two weeks had significantly reduced that problem.

 

Mr. Proffitt responded to members’ questions as follows –

 

·         complaints had been made to Police relating to (1) damage to a sign in their garden, and (2) glass at the property, both of which had been recorded but no action had been taken other than advice given by Police to contact them if further issues arose

·         he had lived at the property approximately two and a half years and it was difficult to recall if problems had improved or worsened since the Applicant took over the running of the premises two years ago.  Since the premises had been operated under Temporary Event Notices there had been an improvement.

 

Members also put questions to the Applicant who –

 

·         clarified management arrangements at the premises and confirmed his attendance from 11.00 p.m. on days a late licence was operated

·         advised that premises was currently operating permitted hours ahead of the previous licence with music ceasing at 12.30 a.m.; approximately 20/30 minutes drinking up time; patrons encouraged to leave the premises by 1.00 a.m., and the premises completely cleared by 1.10 a.m.

·         explained that previous practice involved plastic glasses being issued to patrons but a total ban on patrons leaving with any open receptacles had recently been introduced – it was suggested that customers could be bringing receptacles from other licensed premises which were being discarded because patrons could not gain entry to the premises with them

·         confirmed that he had spoken with Mr. Proffitt regarding his concerns and explained that he would double/triple glaze the side windows as recommended by a sound expert in order to alleviate concerns in that regard; he had also agreed noise control measures with the Council’s Pollution Control Officer; with regard to noise limiters, whilst he would look into that matter further, it may prove cost prohibitive;

·         advised that the premises had been long established and well known as a music venue, without which it would be unviable.

 

POLLUTION CONTROL SUBMISSION

 

Mr. Sean Awbery from the Council’s Pollution Control Section referred to his written representations (Appendix D to the report) proposing a number of conditions to be imposed on the licence, if granted, in order to minimise the risk of public nuisance.  Those conditions had been agreed with the Applicant.  Since becoming aware of the noise concerns raised by the interested parties, Mr. Awbery suggested a further condition may be imposed on the licence in respect of installing noise limiters should the agreed alterations not contain noise levels as appropriate.

 

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 C 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.

 

APPLICANT’S FINAL STATEMENT

 

In making a final statement the Applicant reminded the Sub Committee that the premises had been long established as a licensed venue.  Whilst he accepted that there were problems from time to time he had made every effort to resolve them.  He reiterated that he was willing to undertake the necessary works as requested by the Fire Authority and Pollution Control but asked that he be granted as much time as possible to carry out the necessary works given the cost involved, stressing the difficulties in running a licensed premises in the current economic climate.  He reiterated his willingness to work with all parties involved in order to resolve the issues raised.

 

ADJOURNMENT TO CONSIDER THE APPLICATION

 

At this juncture (10.15 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 be granted for the following –

 

LICENSABLE ACTIVITY	DAYS APPLICABLE	TIME FROM	TIME TO
Provision of Live Music Amplified (Indoors only)	Sunday – Thursday Friday and Saturday	19:00 19.00	00:00 01.00
Provision of Recorded Music (Indoors only - Jukebox)	Sunday – Thursday Friday and Saturday	19:00 19.00	00.00 01:00
Provision of Performance of Dance (Indoors only)	Sunday – Thursday Friday and Saturday	19.00 19.00	00.00 01.00
Supply of Alcohol (for consumption on and off the premises)	Sunday – Thursday Friday and Saturday	11:00 11:00	00:00 01:00
*Hours that the premises will be open to the public	Sunday – Thursday Friday and Saturday	11.00 11.00	00.30 01.30

 

Authorisation was also given for the premises to remain open to the public from 11.00 a.m. until 02.00 a.m. on Christmas Eve and Boxing Day.

 

In addition to the permitted hours for the provision of alcohol, authorisation was given for the provision of alcohol from 11.00 a.m. until 01.30 a.m. on Boxing Day and Christmas Eve.

 

CONDITIONS

 

North Wales Fire and Rescue Service –

 

Representations put forward by the North Wales Fire and Rescue Service in their submission, and as detailed in Appendix B to the report, must be resolved to their satisfaction prior to the licence being issued.

 

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 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)    The premises will carry out a risk assessment for the requirement of door supervisors.  In addition to weekend trade this will include any function, Bank Holidays, Christmas Eve and New Year’s Eve.

 

The Prevention of Public Nuisance

 

1)    When the premises is hosting live music and entertainment at the premises beyond 21.00 hrs, including sports events and DJs, management will ensure that external doors are kept shut and will conduct regular checks to ensure that there is not excessive sound emitting from the premises.

 

2)    Management will ensure that people outside the premises using the smoking area and beer garden are not creating excessive noise and nuisance.

 

3)    Management will ensure that customers disperse from the premises in a calm and orderly manner, reminding them to keep noise levels down if needed.

 

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 entrances and exits, including the smoking area doorway shall have lobby entrances fitted, each with 2 sets of self-closing doors, to minimise the break-out of noise; at any time at least one of the sets of doors will remain closed whenever music is being played at a level considered to be above ‘background’

 

2)    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

 

3)    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’

 

4)    The playing of live / recorded music externally in the beer garden / smoking area is not permitted

 

5)    The smoking area shall be closed to the public for the consumption of alcohol after 23.00 hrs

 

6)    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

 

7)    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

 

8)    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 noise conditions to be fulfilled as above and be completed to the satisfaction of the Council’s Pollution Control Officer within six months of the date of the hearing.  If, in the opinion of the Pollution Control Officer, the noise conditions do not limit the noise to a level which would be considered acceptable, that he will advise whether or not the installation of noise limiters would benefit the property, and in such circumstances the applicant shall install limiters at the premises.  In the event that noise limiters are not advised, the Pollution Control Officer will advise what other steps will be required to reduce the impact of noise causing a disturbance and annoyance to local neighbours.

 

Additional Condition –

 

In addition to the above the Applicant must ensure that patrons do not leave the premises with any open drink receptacles.

 

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

 

The Sub Committee heard about the impact the premises had had on local residents, under the current operation of Temporary Event Notices.  This included glass bottles being found in a neighouring property; rubbish and litter from customers, including cigarette ends, amongst other things.   It also heard evidence that the noise levels attributable to the premises were loud and unacceptable and were causing a nuisance and disturbance, particularly in the early hours of the morning.  The Sub Committee heard that customers were leaving the premises in such a way that would disturb local residents, particularly those with a young family. 

 

It was considered appropriate to limit the permitted hours for licensable activities together with hours that the premises would be open to the public so as to reduce the impact of noise emanating from the premises late at night and in the early hours and thus promote the licensing objectives.

 

The Sub Committee also heard evidence from the North Wales Fire and Rescue Service that despite originally visiting the premises in June 2015, the recommendations made at that time had not been fully completed and that this was essential for the effective operation and to ensure compliance with the licensing objective of Public Safety.

 

The Sub Committee had regard to the conditions suggested by North Wales Police and considered they would promote the licensing objectives in the round, these were accepted by the Applicant and so were imposed on the face of the licence.

 

The Sub Committee also considered the representations put forward by the Environmental Health Officer and considered that they would have a positive effect on mitigating the level of noise emanating from the premises and thus promoting the licensing objective relating to Public Nuisance, and Crime and Disorder in particular.  The conditions were accepted by the Applicant and imposed on the face of the licence, to be implemented within 6 months of the grant of the licence.