Minutes of a meeting held on 30th April, 2012.
Present: Councillors Ms. M.E. Alexander, J.F. Fraser and J.W. Thomas.
Also present: Responsible Authorities - Licensing Officer, Environmental Health Officer and South Wales Police Authority.
The Democratic and Scrutiny Officer explained the procedure for the hearing, advised that copies had been attached to the agenda with further copies being available at the meeting if required.
(a) Appointment of Chairman -
Councillor J.W. Thomas was elected Chairman for the duration of the hearing.
(b) Declarations of Interest -
No declarations were received.
(c) Licensing Act 2003 – Application for the Variation of a Premises Licence – Pier 64, Wine Bar and Steakhouse, Penarth Portway, Penarth Marina, Penarth -
Also present: Mr. E. Bright (representing Pier 64), Mr. F. Dupuy and Ms. J. Nuwar (owners of Pier 64).
The Licensing Officer in presenting the report to the Sub-Committee advised that the applicant had applied for an amendment of condition 7 under Annex 3 which stated that “The balcony area shall be closed form 21:00 hours until 09:00 hours so to limit noise breakout and disturbance”. The applicant had requested that the hours of closure for the balcony be 23:00 hours. Representations to this variation had been received from a Ms. Linda Simpson, Mr. and Mrs. Thomas, Mr. J. Stubbs, Anne Cuthbert-Berry and the Environmental Health Officer at the Vale of Glamorgan Council. The representations were attached at Appendix C to the report. The Licensing officer further advised that following the receipt of an independent acoustic report, instigated by the applicant, further representations had been received and with the permission of the Chairman the Licensing Officer tabled for information the documents as detailed below :
on behalf of DPP Consulting Ltd. a letter and acoustic report
written representations from Mr. and Mrs. B.J. Thomas, Ms L Simpson and Mr J Stubbs (interested parties) by DPP. following receipt of the acoustic report and letter
In presenting the application to Committee Mr. Bright advised that having considered all representations made the applicants were willing to amend their application for the hours of closure for the balcony area to be 22:30 hours, that there would be no use of the western balcony after 21:00 hours, that all doors leading onto the balcony with the exception of those used as access and egress, be closed at 21:00 hours to 09:00 hours and that no external music or use of an external announcement system be utilised after 21:00 hours. Mr. Bright also advised that if the Committee deemed it appropriate, the owners would also limit the area to 30 covers only, that the use of the facility would be limited between the months of May to September and that they would be prepared to undertake the suggestions on a trial period if that was considered appropriate.
The Environmental Health Officer sought clarification in relation to the PA system and was advised that there was currently no PA system available on the premises. In referring to the independent acoustic survey report the Environmental Health Officer stated that in her opinion one of the major issues was that the whole report was based on mathematical calculations which were guesstimates and that the new hours sought were not practical for the premises as the noise levels would be substantial. In making her representations she also referred to the World Health Organisation’s view in relation to noise and that between the hours of 19:00 to 22:00 noise levels should be less than throughout the day i.e. 5db lower. However, during discussions it was apparent that a number of residents in the area also had balconies of their own and in the summer months the noise levels could emanate from those.
The Applicants, in response, stated that customers had often asked for the opportunity to dine outside and they wished to accommodate these requests. However in the interests of reasonableness they were prepared to amend their application and to limit the time to 22:30 hours.
The Chairman queried whether any complaints had been received in relation to Pier 64 and was advised that no formal complaints had been received to date. The applicant however informed the Sub Committee that in the first few days of opening in July 2011 a local resident had queried the licence times due to the fact a number of patrons appeared to be on the balconies after 21:00 hours. However, as soon as this was brought to the owner’s attention they closed the doors immediately.
There being no further questions, Members of the Sub-Committee then retired to consider the matter in private.
Having considered the application and representations by the Environmental Health Officer and the written representations of the Interested Parties and having considered the Home Office Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of the Licensing Policy, the Sub-Committee
RESOLVED – T H A T the application for variation be granted as amended by the Applicant, subject to the following conditions:
(1) The conditions as detailed on the original licence to remain and
(2) The western balcony to be closed at 21:00 hours.
(3) The doors on to the northern and eastern balconies to only be utilised for access and egress after 21.00 hours and to have a terminal hour of closure of 22:30 hours.
(4) No external music or use of PA system after 21:00 hours.
(5) The conditions set out in the Applicant’s operating schedule.
Reasons for decisions
Members having considered very carefully the amenity to the local residents felt that with the conditions attached to the licence and good day to day management, no problems should arise. The Applicant although having offered to undertake a trial period were advised by the Chairman that this was not appropriate however all present were reminded of the review procedure for licences that was available to be utilised if problems of public nuisance arose after the variation to the licence had been granted.
(d) Licensing Act 2003 – Application for a Premises Licence : Tesco Stores Limited, 1 Barry Road, Barry, CF63 1BA –
Also present: Mr J Bark and Mr. G. Bartley (representing Tesco Stores Limited).
Interested Parties: Mr. R. Gough, R. Hartrey and N. Sardar.
The Licensing Officer presented the report and advised that the applicant requested permission for the sale of alcohol between 06:00 and 23:00 hours seven days a week. A copy of the relevant parts of the application were attached at Appendix A to the report. Representations had been received from South Wales Police, the details of which were attached at Appendix B together with six representations from interested parties which were attached at Appendix C to the report.
In referring to the application, the Licensing Officer stated that she was aware that South Wales Police had held discussions with the applicant regarding further conditions and at that point copies of an email detailing the agreed conditions was tabled at the meeting as below:
A minimum of two personal licence holders would be employed at the premises.
A digital CCTV system was to operate at all times the premises was open to the public. The equipment to be standard agreed by the South Wales Police covering many areas of the premises including the public entrance / exit, check out and main alcohol display area. Images to be retained for 31 days and produced on request of the Police as soon as practicable.
The premises would operate a Challenge 25 policy, staff would be trained to request the appropriate identification from any person who appeared to the member of staff operating the check out to be under the age of 25. Only photographic ID should be accepted to prove the person’s age such as a passport or driving licence or PASSS accredited card.
Challenge 25 notices would be displayed in prominent positions throughout the store.
A further condition had also been agreed minutes before the hearing
“No alcohol displays within three metres of the main entrance to the store or facing directly onto the main entrance.”
PC Barrett, South Wales Police, informed the Sub Committee that the conditions had been accepted by the Applicant.
In support of the application Mr Bark advised that Tesco Stores Ltd had excellent relations with local Police in various communities as it was their intention to act as a good neighbour and be part of the whole community. When considering establishing stores the company selected areas very carefully with considerable research being undertaken prior to approvals for stores being agreed. With regard to the site at 1 Barry Road, if the application for a licence was not granted the site would not be purchased.
The Applicant also took the opportunity to advise Members of the extensive training programme undertaken by Tesco for employees and that on occasions mystery shoppers are utilised to regularly visit premises to ascertain whether the staff are seeking identification prior to the sale of alcohol. Members of staff also undergo induction training related to age restricted law and at least twice a year undertake refresher training. In addressing the issue of anti social behaviour raised by the interested parties the Applicant stated that Tesco stores operated a “rogues gallery” system whereby any person who was banned or who had caused problems for staff on the premises could be identified via CCTV cameras.
Mr. Gough (interested party) reminded Members that the main objection was in relation to the amount of anti social behaviour that existed in the area and that with continued reductions in the prices of alcohol and the offers available the current problems could be further exacerbated. Mr Hartrey (interested party and local resident) stated that he was concerned with the opening times and he considered the selling of alcohol at 06:00 hours was inappropriate. Mr Sardar (interested party and local retail owner) queried the article in the press which stated that the Police had supported the application.
PC Barrett (South Wales Police) informed the Sub Committee that no statement from the Police had been made as referred to above and in fact the Police had made representations and suggested conditions which had been agreed by the applicant.
In summing up the Applicant reiterated that the company would provide substantial training for employees and that Tesco’s was a responsible owner.
There being no further questions Members of the Sub-Committee retired to consider the matter in private.
Having considered the application and representations by the Police, Interested Parties and having considered the Home Office Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of the Licensing Policy, the Sub-Committee
RESOLVED – T H A T the application be granted as applied for and be subject to the following conditions:
(1) Sale of alcohol 06:00 to 23:00 hours Monday to Sunday.
(2) The conditions as set out in the Applicant’s operating schedule.
(3) That no supply of alcohol is to be made under the Premises Licence:
a. At a time when there is no designated premises supervisor in respect of the Premises Licence, or
b. When the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(4) Every supply of alcohol under the Premises Licence to be made or authorised by a person who holds a personal licence.
(5) The conditions as agreed with South Wales Police –
A minimum of two personal licence holders to be employed at the premises.
A digital CCTV system to operate at all times the premises is open to the public. The equipment to be a standard agreed by South Wales Police, covering many areas of the premises including the public entrance / exit, check out and main alcohol display area. Images to be retained for 31 days and produced on request of the Police as soon as practicable.
The premises to operate a Challenge 25 policy. Staff to be trained to request the appropriate identification from any person who appeared to the member of staff operating the check out to be under the age of 25. Only photographic ID to be accepted to prove the person’s age such as a passport or driving licence or PASSS accredited card.
Challenge 25 notices to be displayed in prominent positions throughout the store.
No alcohol displays within three metres of the main entrance to the store or facing directly onto the main entrance.
Reasons for decisions
Members, when taking into consideration the representations of interested parties, the legislation and due to the fact that the Vale of Glamorgan Council did not have a cumulative impact policy, considered that it was not within the remit of the Sub-Committee to restrict the number of premises in an area. With regard to the selling of alcohol at 06:00 hours, this was in accordance with the current Home Office Guidance in that opening hours and licensing hours should be the same. In referring to the issues of anti social behaviour raised by the interested parties, Members considered that with good management the licence granted should not cause any additional problems.
The Chairman also took the opportunity to remind the Applicant and the interested parties of the review procedure available should the licence cause problems in the locality when the store was open.