Minutes of a meeting held on 28th August, 2013.
Present: Councillor P.J. Clarke, K.J. Geary and A.G. Powell.
Also present: Licensing Officer, Responsible Authorities and Trading Standards.
(a) Appointment of Chairman -
Councillor A.G. Powell was elected Chairman for the duration of the hearing.
(b) Declarations of Interest -
No declarations were received.
(c) Licensing Act 2003 - Application for a Premises Licence - The Bridge Cafe, Bron y Mor, The Knap, Barry, CF62 6SW –
Also present - Ms. S. Richards (Applicant), Mr. M. Sharpe (Interested Party).
The Chairman took the opportunity to remind those present of the procedure for the hearing as contained within the agenda and following introductions all round, welcomed those present to the meeting.
The Licensing Officer then proceeded to outline the application by advising that the original application had requested permission for the sale of alcohol during the hours of 08:00 to 23:00 and the provision of late night refreshments between 23:00 and 01:00 seven days a week. Representations had been received from South Wales Police and the Trading Standards Department however, following a meeting with the applicant the application had been amended in line with the recommendations set out in Appendices B and C to the report. Ms Richards also confirmed for the Committee her agreement to these requests as detailed at Appendix D to the report.
Representations had also been received from three interested parties during the consultation period, it being noted that in each case the letter of acknowledgement that had been sent had made it clear that not all of the matters raised in the representations could be considered "relevant" under the Licensing Act 2003. On 31st July, 2013 the three interested parties had been informed of the amendments to the application following which one of the representations had been subsequently withdrawn. The remaining representations were attached at Appendix B to the report. Members were advised that the amended application referred to the sale of alcohol from 11:00 to 22:30 seven days a week and for the closing time to be amended to 23:00 with the outside area being vacated by 21:00. In response to a query Ms Richards confirmed that the late night refreshment application had been withdrawn.
The applicant was then afforded the opportunity to present her case and commenced by advising that the Bridge Cafe was a family owned business and had been for 27 years. Ms. Richards stated that she had worked hard to achieve what she had to date and that customers who visited the property enjoyed the cafe. It was her intention to offer a more wider range of products although it would not be her intention to encourage the cafe to be a 'beer garden' she just wished to incorporate wines and liqueurs into the menu and offer a wider selection. In her own words she wished to be a 'little bit more unique." The Chairman subsequently asked Ms Richards if she had any further questions to which she responded that she had had been in contact with the Planning Department to confirm that there were no conditions on her property as she had been concerned about the position with regard to the closing time and whether she would be in breach of any planning issues. The Lawyer representing the authority advised that planning considerations had no bearing on the licensing application and that the Licensing Sub-Committee's role was to agree the times for the consumption of alcohol.
Mr. Sharpe, the Interested Party present at the meeting, was then afforded the opportunity to question the applicant. In response Mr Sharpe advised that he had no questions at this stage however, Members raised the issue that if customers wished to smoke a cigarette and possibly drink outside the property that Ms Richards may have difficulty in the policing of this after 21.00 hours. Ms Richards stated that she would be placing signage in the area and would enforce the condition that the outside area was to be vacated by 21.00 hours herself. She also stated that she was fully aware that if this condition was breached her licence could be reviewed.
The Chairman then asked Mr. Sharpe, to make his representations. Mr Sharpe advised that he was pleased to note the actions taken by officers of the Vale of Glamorgan Council and the Police who had in his view addressed the many concerns that had been raised by neighbours. He agreed that the revised application was better but that there were still some difficulties. He referred to the fact that the Bridge Cafe was a small premises and if a function attracted more than 40 people this could be an issue as the numbers could exceed capacity. Local residents were worried about the consumption of alcohol and the problems that could be caused as a result at the end of the day especially if functions were taking place. They had concerns of late night noise and parking issues given that the premises had no private parking and an increase in the number of visitors would cause an increase in local noise. He urged the Members of the Sub-Committee to undertake a site visit to the premises to witness the size of the facilities first hand.
In response, Ms Richards stated that the premises was limited in size but that it was able to accommodate up to 45 people. Ms Richards reiterated that it was not her intention to open until 23:00 on a regular basis. The Lawyer representing the authority advised that neither the capacity of the building or car parking concerns were issues for the Sub-Committee to consider. With regard to the number of people who could be accommodated on the premises he further advised that this was a matter for the South Wales Fire Authority who would undertake the necessary risk assessment.
In response to a question from a Member as to whether there was a statutory limit on the number of people within a premises, it was confirmed that the South Wales Fire Authority would recommend in such instances. The Chairman also confirmed that Ms Richards would be obliged to adhere to any fire regulation requirements.
With regard to the request that a site visit be undertaken to the property the Chairman confirmed that he lived in the Barry area, he was familiar with the Bridge Cafe and would not therefore request a site visit. Both Councillors Clarke and Geary also stated that they knew the area with Councillor Geary advising that he had himself made a site visit to the property.
Mr. Sharpe stated that he was satisfied with the responses from the Members in that regard.
Following no further representations or questions from Mr. Sharpe the Chairman asked the applicant to make their closing statement. Ms Richards commenced by advising that if she was granted the licence she would ensure that procedures were put in place and that the conditions referred to were adhered to. The impression she wanted to give was of a nice cafe, in a nice area with a Mediterranean feel. She wished to introduce alcohol but that the premises not to be a 'pub' she just wanted to incorporate alcohol into the running of the business.
There being no further submissions and confirmation that all parties had been afforded adequate time to make their respective cases Members then withdrew to consider the matter in private.
Upon reconvening the Chairman announced the Sub-Committee's decision as detailed below.
Having considered the application and representations by the Police, Trading Standards, 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 have
(1) T H A T the amended application as applied for be granted subject to the following conditions:
(i) That the hours granted be as follows:
- Sale of Alcohol to be 11:00 to 22:30, seven days a week and closing time to be 23:00.
(ii) The outside area to be vacated by 21:00 and that appropriate signage must be displayed.
(iii) that the off-sale indication from the supply of alcohol be removed, so that only on-licence sales are included on the licence.
(iv) Children will not be permitted on the premises past 21:00 unless part of a private function.
(v) A minimum of two staff to be present in the licensed area when all sales of alcohol are taking place, one of these to be a personal licence holder.
(vi) That the premises operate a minimum of a Challenge 25 policy and that the premises develop an age verification policy.
(vii) That the premises operates a refusals register and all refusals and alcohol related incidents are recorded in the register. The register should be made available to Trading Standards or South Wales Police on request and the record should be retained for 36 months.
(viii) A CCTV system to be installed to reflect the recommendations from South Wales Police. CCTV footage to be kept for at least 31 days and be made available to Trading Standards or South Wales Police on request. The CCTV should cover all areas of the premises the public have access to, excluding the toilets and should cover both entrances/exits.
(ix) All persons working at the premises to be training in the sale of alcohol and that the training be documented and available to Trading Standards or South Wales Police on request. Refresher training to be provided at least twice per year.
(2) The conditions as set out in the applicant's Operating Schedule
(3) That no supply of alcohol 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 the personal licence is suspended.
Reasons for decisions
The Licensing Act 2003 makes a presumption of the granting of licences in the absence of any evidence against the Licensing Objectives.
The Chairman advised all present that there were mechanisms in place which allowed for a review of a licence should any breach of conditions take place and that the Licensing Department should be informed accordingly.