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LICENSING SUB-COMMITTEE

 

Minutes of a meeting held on 13th October, 2014.

 

Present:  Councillors P.J. Clarke, J.W. Thomas and Mrs. M.R. Wilkinson.

 

Also present: Licensing Team Leader and Officers from the Licensing Department, Environmental Health and South Wales Police.

 

 

(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 - Habanas, 80-81 High Street, Barry, CF62 7DX -

 

The papers for consideration at the meeting contained a copy of the procedure to be followed at the Licensing Sub-Committee hearing and those present were advised of this by the Assistant Democratic Services Officer.  Further copies of the agenda were also made available for those in attendance if required.

 

Also present: Mr. S. Case (Applicant), Mr. D. Sheppard (Applicant’s Agent).

 

Interested Parties:  Mr. R. Buckeridge.

 

In presenting the report, the Licensing Team Leader advised that an application for a variation of the Premises Licence had been received as follows:

 

Sale of Alcohol (On and Off Sales)

 

Monday to Wednesday                               07.00 to 00.01

Thursday to Sunday                                    07.00 to 03.01

 

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Year’s Eve                                           10.00 to 03.01 

 

Regulated Entertainment (live and recorded music- indoors)

 

Monday to Wednesday                               12.00 to 00.01

Thursday to Sunday                                    12.00 to 03.01

 

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Year’s Eve                                           12.00 to 03.01

 

Late Night Refreshment (indoor only)

 

Monday to Wednesday                               23.00 to 00.01

Thursday to Sunday                                    23.00 to 03.01

 

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Year’s Eve                                           23.00 to 03.01

 

Opening Hours

 

Monday to Wednesday                               07.00 to 00.30

Thursday to Sunday                                    07.00 to 03.30

 

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Year’s Eve                                           10.00 to 03.30

 

It was also requested that the condition "To have glass and bottled glass supplied to customers up until 01.00 to come in line with other licensed premises in the area.  Plastic to be supplied thereafter" be removed.

 

A full copy of the application was attached at Appendix B to the report.

 

Representations had been received from two interested parties, copies of which were attached at Appendix C to the report.

 

Representations had also been received from the Environmental Health Department and South Wales Police and copies of these representations were attached at Appendices D and E to the report.

 

The Licensing Team Leader informed the hearing that Mr. Stephen Case, the Applicant, had submitted an amendment to his application, via e-mail on 22nd September, 2014.  The following alterations were requested within the e-mail:

 

Sale of Alcohol (On and Off Sales)

 

Sunday to Wednesday                               07.00 to 00.00

Thursday                                                    07.00 to 01.00

Friday & Saturday                                       07.00 to 03.00

 

Sunday before a Bank Holiday, Good Friday, Boxing Day, New Year’s Eve

                                                                    07.00 to 03.00

Christmas Eve                                              07.00 to 01.00

 

Regulated Entertainment (live and recorded music- indoors)

 

Sunday to Wednesday                               09.00 to 00.00

Thursday                                                    09.00 to 01.00

Friday & Saturday                                        09.00 to 03.00

 

Sunday before a Bank Holiday, Good Friday, Boxing Day, New Year’s Eve

                                                                     12.00 to 03.00

Christmas Eve                                              12.00 to 01.00

 

Late Night Refreshment (indoor only)

 

Sunday to Wednesday                                 23.00 to 00.00

Thursday                                                      23.00 to 01.00

Friday & Saturday                                        23.00 to 03.00

 

Sunday before a Bank Holiday, Good Friday, Boxing Day, New Year’s Eve

                                                                     23.00 to 03.00

Christmas Eve                                              23.00 to 01.00

 

Opening Hours

 

Sunday to Wednesday                                 07.00 to 00.30

Thursday                                                       07.00 to 01.30

Friday to Saturday                                        07.00 to 03.30

 

Sunday before a Bank Holiday, Good Friday, Boxing Day, New Year’s Eve

                                                                    07.00 to 03.30

Christmas Eve                                              07.00 to 01.30

 

This e-mail also contained conditions that had been accepted by the Applicant and a copy of this e-mail will full details, was attached at Appendix F to the report.

 

Mr. Sheppard, the Applicant’s agent, in presenting the application advised that a new CCTV system had been installed at the premises and also informed the Sub-Committee hearing that other premises in the vicinity had been granted later opening hours and this had been affecting trade at Habanas and that the application was simply requesting the same hours as other premises in the area.

 

The Chairman provided the other parties present with an opportunity to ask questions of the Applicant and there being no questions, the Chairman provided the Responsible Authorities with an opportunity to present their representations.

 

The Environmental Health Officer, in presenting the representations for the Department, stated that the premises was situated on High street in Barry and the main issues regarding the application were: 

  • noise emanating from the external area used as the smoking area to the rear of the premises
  • noise emanating, that is noise breakout, from amplified music from within the building
  • the effect that the business will have on nearby property occupants and the residential amenity of the area.

The Environmental Health Officer informed the hearing that it was recommended that lockable secondary glazing should be fitted to the only large, currently openable window to the rear of the premises and acoustic lobbies should be fitted to the rear doors into the beer garden and to the main front doors onto High Street.

 

The Environmental Health Department’s main concerns related to noise emanating from the premises and historically complaints had been received from local residents about noise nuisance from the premises.

 

A full copy of the representations from the Environmental Health Department was attached at Appendix D to the report.

 

The Environmental Health Officer informed the hearing that subsequent to their representations a further complaint had been received in relation to noise emanating from the beer garden at Habanas on the previous weekend. 

 

The Chairman provided those present with the opportunity to ask questions of the Environmental Health Officer.  Mr. Sheppard informed the hearing that they were unaware of any additional complaint made, however, they had no further questions for clarification.

 

In presenting the representations from South Wales Police, the officer informed the hearing that the representations concerned the four Licensing Objectives.  The representations stated that the premises should be required to install and maintain a comprehensive CCTV system as per the minimum requirement of a South Wales Police Crime Prevention Officer.  In addition the representations also stipulated a number of requirements for the premises, which included, amongst others, SIA licensed door supervisors at the premises, restrictions on the use of glass containers, control of entrances, exits in the venue and beer garden / smoking area and no off sales of alcohol.  A copy of the full representations from South Wales Police was attached at Appendix E to the report.

 

Mr. Buckeridge, a local landlord, advised the Committee that he was disappointed to be attending another Sub-Committee hearing for a variation of a licence so soon after the Gordon Bennetts’ application.  He informed the hearing that since Gordon Bennetts had been granted a variation to their licence, he had lost one tenant and another was seeking alternative accommodation and he felt this to be grossly unfair. Mr. Buckeridge further informed the hearing that a family member lived in a flat backing onto the beer garden at Habanas and when he had investigated found that the beer garden doors were wide open at 01:30 hours on a Sunday morning.  He stated that the Vale of Glamorgan Council had set a precedent with awarding a 3 a.m. licence, and that effective controls needed to be put in place for smokers.  In his opinion he felt that it would be a better option for smokers to be in the street after midnight and that there should be restrictions on the beer garden area as the noise emanating from it could be very bad.  Mr. Buckeridge also stated that he felt it to be unfair that Habanas were unable to use glass after 22:00 hours when other licenced establishments in the area could do so. 

 

There being no questions for the Interested Party, the Chairman provided the Responsible Authorities with an opportunity to sum up in relation to their representations. 

 

The Environmental Health Officer stated that they were in agreement with Mr. Buckeridge’s statement that the extension of hours had caused problems and the Department had received complaints with regard to Habanas’ doors and windows being left open.  They further stated that they would continue to investigate the issue of the beer garden of Gordon Bennetts being open after midnight.

 

The Chairman asked whether the officer was able to provide any details of the new complaint received and in response the Environmental Health Officer stated that the issue was ongoing, however confirmed that the complainant had lived in very close proximity to these establishments.

 

The Chairman asked if the complaints made related to noise emanating from the beer gardens at the premises and in response the Environmental Health Officer stated that complaints had been received in relation to noise coming from the beer garden and smoking areas, however, following a visit it to Habanas it was difficult to substantiate where the noise came from. The Officer confirmed that noise complaints had been received from both High Street and Broad Street and further stated that the Applicant would have more control of customers to the rear of the premises, than on the street, although also advised that a degree of noise would be created by clients in the beer garden/smoking area.  The South Wales Police stated that from a policing point of view, smokers on the street caused problems, such as 'flash points’ and would encourage smoking to be kept to well policed areas, away from the public domain.

 

The Chairman provided Mr. Buckeridge with the opportunity to sum up and in response he stated that there was no legal reason why smokers needed to be accommodated, on or off the premises, and furthermore the premises would still have disorder in beer gardens and expressed the view that this was a resource issue.  Mr. Buckeridge expressed concern that Barry would be going back to the 'wild west' days. 

 

The Chairman offered the Applicant an opportunity to sum up and in response Mr. Sheppard stated that an e-mail had been submitted with amendments to the application to address the concerns raised by Mr. Buckeridge and further stated that they agreed with all of the recommendations made by the Responsible Authorities.  Mr. Sheppard raised the issue of the change over the glass to plastic and expressed the view that the main issue was about managing clients at later times dependant on the change over time.  He further stated that people tended to congregate on Broad Street, as this was where the take-aways were located, some of which were open until 4am. He further stated that Habanas had requested a later change over time for glass to plastic as it was more controllable and simply wanted to be on a level playing field with other establishments in the area with regard in respect of this.

 

Mr. Sheppard confirmed that they were in agreement that entrance to the premises would be stopped at 01:30 hours. He further stated that at times it could be difficult to distinguish between two sets of customers; customers smoking on the street and those attempting to gain entry for the first time, therefore a 2am closure of the beer garden would address this issue. Mr Sheppard also stated that very few official complaints had been made and issues and complaints had only been raised since this application had been submitted and it would be a case of monitoring the situation. Mr. Sheppard expressed the view that a double entrance to the premises would assist with the reduction of noise however, was unsure how this could be done at the back of the building, and was unsure if this would make a difference.  In response the Environmental Health Officer stated that there was a large overhang at the back of the building which would accommodate a double entrance, however this would require the permission of the owners to comply with building regulations and stated that these had worked in the past.

 

The Chairman asked the Applicant to confirm that they were happy to close the smoking area 30 minutes prior to the close of the premises and Mr. Sheppard confirmed that they were happy with this.  In response to a question from the Chairman, the Responsible Authorities confirmed that they were happy with the hours stated in the e-mail of 25th September 2014. 

 

There being no further questions the Sub-Committee Members retired to deliberate the application in private. 

 

The Legal Officer and Assistant Democratic Services Officer  returned to the hearing to query the condition from South Wales Police in regard to the requirement for a female SIA staff member 'whenever possible' and it was confirmed by South Wales Police that it would not be an absolute requirement for the licence and Mr. Sheppard stated that the premises endeavoured to have a female SIA member of staff on duty, which the majority of time was the case, however it did cause problems if the female member of staff was unable to work as it was difficult to find a replacement female SIA staff member and therefore this would cause problems if it was a condition of the licence.

 

On return the Chairman advised that following consideration of the application and representations by the Police, Environmental Health and interested parties, and having considered Home Office Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Sub-Committee

 

RESOLVED –

 

(1)       T H A T the application be granted as applied for as detailed below:

 

            Supply of Alcohol (on and off sales)

 

            Monday to Wednesday                07:00 to 00:00 hours (midnight)

            Thursday                                      07:00 to 01:00 hours

            Friday and Saturday                     07:00 to 03:00 hours

            Sunday                                         07:00 to 00:00 hours (midnight)

            Sunday before Bank Holidays       07:00 to 03:00 hours

            Good Friday                                  07:00 to 03:00 hours

            Christmas Eve                              07:00 to 01:00 hours

            Boxing Day                                   07:00 to 03:00 hours

            New Year’s Eve                            07:00 to 03:00 hours

 

 

            Regulated Entertainment (live and recorded music – indoors)

 

            Monday to Wednesday                09:00 to 00:00 hours (midnight)

            Thursday                                      09:00 to 01:00 hours

            Friday and Saturday                     09:00 to 03:00 hours

            Sunday                                         09:00 to 00:00 hours (midnight)

            Sunday before Bank Holidays      12:00 (midday) to 03:00 hours

            Good Friday                                  12:00 (midday) to 03:00 hours

            Christmas Eve                              12:00 (midday) to 01:00 hours

            Boxing Day                                   12:00 (midday) to 03:00 hours

            New Year’s Eve                            12:00 (midday) to 03:00 hours

 

 

            Late Night Refreshment (indoor only)

 

            Monday to Wednesday                23:00 to 00:00 hours (midnight)

            Thursday                                      23:00 to 01:00 hours

            Friday and Saturday                     23:00 to 03:00 hours

            Sunday                                         23:00 to 00:00 hours (midnight)

            Sunday before Bank Holidays      23:00 to 03:00 hours

            Good Friday                                  23:00 to 03:00 hours

            Christmas Eve                              23:00 to 01:00 hours

            Boxing Day                                   23:00 to 03:00 hours

            New Year’s Eve                            23:00 to 03:00 hours

 

 

            Opening Hours

           

            Monday to Wednesday                07:00 to 00:30 hours

            Thursday                                      07:00 to 01:30 hours

            Friday and Saturday                     07:00 to 03:30 hours

            Sunday                                         07:00 to 00:30 hours

            Sunday before Bank Holidays       07:00 to 03:30 hours

            Good Friday                                  07:00 to 03:30 hours

            Christmas Eve                              07:00 to 01:30 hours

            Boxing Day                                   07:00 to 03:30 hours

            New Year’s Eve                            07:00 to 03:30 hours

 

 

(2)       T H A T the application be subject to mandatory conditions and the following conditions:

 

(i)        The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a South Wales Police Crime Prevention Officer. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period. The CCTV system should be updated and maintained according to police recommendations

 

(ii)       A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premisesis open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

 

(iii)       No drinks shall be served in glass containers beyond 22:00 hours.

 

(iv)      All persons used for security purposes will hold a current licence issued by the Security Industry Authority (SIA).  A minimum of (three) SIA licensed door supervisors shall be on duty at the premises at all times whilst it is open for business beyond 21:00 hours, at least one of whom, whenever possible, should be a female. 

 

(v)       Number of security equal to the ratio of 1:80 and no less than three SIA licensed staff to work at any one time up to a maximum of five security which should include whenever possible a female member of SIA staff, this will be used on all occasions when the premises is to open to its maximum hours. The security members will stagger accordingly throughout the evening increasing to its maximum in line with the premises busiest trading times.  Areas covered accordingly by the security personnel include:

 

Front door and entry

Within the venue

Beer garden and smoking area.

 

(vi)      There shall be no admittance or re-admittance to the premises after 01:30 hours.

 

(vii)     A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of the Council at all times.

 

(viii)    An incident log shall be kept at the premises, and made available upon request to an authorised officer of the Council or the Police, which will record the following:

 

All crimes reported to the venue

All ejections of patrons

Any complaints received

Any incidents of disorder

All seizures of drugs or offensive weapons

Any faults in the CCTV system or searching equipment or scanning equipment

Any refusal of the sale of alcohol

Any visit by a relevant authority or emergency service whilst the premises is open.

 

(ix)      Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or containers with them.

 

(x)       The beer garden will be monitored / controlled by licensed SIA staff and closed for the consumption of alcohol one hour and thirty minutes before the close of the premises to coincide with the current premises licence conditions.  This will be enforced on all occasions when the premises is to open to the maximum hours of 03:30.

 

(xi)      The smoking area will be monitored / controlled by licensed SIA staff and be permitted to remain open to members of the public until 30 minutes before the close of the premises, this will be encouraged to comply with issues around policing the entrance to the premises.  This will be enforced on all occasions when the premises is to open to the maximum hours of 03:30.

 

(xii)     A proof of age scheme, such as Challenge 25, shall be operated at the premises where the only acceptable forms of identification are (recognised photographic identification cards, such as a driving license or passport / holographically marked PASS scheme identification cards.)

 

Reasons for decisions

 

Taking into account the representations received at the hearing.  

 

The Sub-Committee also noted that the South Wales Police requested no off sales as a condition of the licence, however the Sub-Committee considered that as the current licence allowed for both on and off sales, with no problems arising to present, this would not be a condition of the licence.

 

Environmental Health asked for noise lobbies to be installed at the front and rear of the premises; Sub-Committee Members felt that although this may be desirable, it was a matter for the Applicants to consider as ongoing management should they think the need arose.

 

The Chairman also took the opportunity to advise those present of their right to appeal against the decision of the Licensing Sub-Committee and that should any of these conditions be breached the licence could be reviewed. 

 

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