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Agenda Item No.

 

LICENSING SUB-COMMITTEE

 

 

MINUTES of a meeting held on 16^th October, 2006.

 

Present:  Councillors Mrs. V.M. Hartrey, A.J. Readman and J.W. Thomas.

 

 

Also present:  Environmental Health Officer and Licensing Officer.

 

 

(a)            Appointment of Chairman -

 

Councillor Mrs. V.M. Hartrey was elected Chairman for the meeting.

 

 

(b)            Declarations of Interest -

 

No declarations were received.

 

 

(c)            Licensing Act 2003 - Premises Licence - Seashore Bar and Grill, Spinney Caravan Park, Beach Road, Sully -

 

Also present - Mr. G. Hadfield (Applicant) and Mr. W. Freeman (Representing the Applicant).

 

Consideration was given to an application for a variation of the Premises Licence to extend the existing licensed area to include a newly built function room, to allow regulated entertainment in the function room and to increase the hours for the sale of alcohol.  The requested hours were as follows:

 

Sale of alcohol:   Monday to Saturday	10:00 hours to 00:00 hours
Sunday	12:00 hours to 23:00 hours
Regulated Entertainment:
Monday to Saturday	11:00 hours to 00:00 hours
Sunday	11:00 hours to 23:00 hours

 

Mr. Hadfield advised the Sub-Committee that in view of the construction of the new function room, his client was seeking to meet the wishes of his patrons for an extra half an hour drinking time.  The new extension was of concrete construction which was so dense that sound would not emanate.  Furthermore, an air conditioning unit was to be installed within the premises so there would be no need for the windows to be left open. 

 

A representative of Environmental Health stated that he wished to amend the requested conditions as follows:

 

Remove conditions 3, 4, 5(d), (g), (h), (i), (k) and (l), 10 and 11.

 

Amend condition 14 by deleting the words “licensing authority”, and replacing with the words “licensing and responsible authority”.

 

Mr. Hadfield, on behalf of the applicant, accepted the revised conditions. 

 

In referring the representations received from Planning and Transportation, Mr. Hadfield gave an undertaking on behalf of his client that should the application be granted by the Licensing Sub-Committee, the existing hours would be adhered to until such time as an amended planning application was approved by the Planning Committee.

 

The Members then retired to consider the application in private.

 

Sub-Committee decision -

 

The Chairman informed the meeting that having considered the application and the representations of the interested parties and having considered DCMS guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Sub-Committee had

 

RESOLVED -

 

(1)       T H A T the application be granted as set out below:

 

Standard times:

 

Music - Monday to Saturday Sundays	11:00 hours to 00:00 hours 12:00 hours to 23:00 hours
Dancing Monday to Saturday Sunday	11:00 hours to 00:00 hours 12:00 hours to 23:00 hours
Sale of Alcohol Monday to Saturday Sunday	11:00 hours to 00:00 hours 12:00 hours to 23:00 hours plus 30 minutes to closing time

 

Music and dancing applies to the function room only and sale of alcohol to the premises as a whole.

 

Non-standard times applied for:

 

Live Music New Years Eve

11:00 hours to 02:00 hours

 

Dancing New Years Eve	11:00 hours to 02:00 hours
Sale of Alcohol New Years Eve	11:00 hours to 00:00 hours
New Years Day	00:01 hours to 00:00 hours

 

and the following conditions:

 

Conditions

 

Capacity and Safe Condition of Premises

 

1.         The number of persons admitted to the premises on any one occasion shall not exceed the maximum occupant capacity as specified by the Fire Authority from time to time (such numbers to be inclusive of public, staff and performers working at the premises), and overcrowding in any part of the premises which would interfere with the safety of the public shall not be permitted.

 

2.             Hangings, soft furnishings, curtains and temporary decorations are to be maintained in a flame-retardant condition.

 

Certificates

 

3.         The certificates listed below shall, where appropriate, be held for inspection by the Licensing Authority:

 

            (a)            any emergency lighting battery or system

            (b)            any electrical installation

            (c)            any boiler or calorifier

            (e)            any fire alarm system

            (f)            any lift or hoist

(j)         any fire appliances/portable fire fighting equipment

 

Sanitary Conveniences

 

4.         A suitable number of toilets shall be provided.  All toilets shall be free and kept in good order and repair and be properly and effectively cleaned, lit, ventilated and supplied with hot and cold running water, soap and adequate hand drying facilities and in the case of female toilets adequate provision shall be made for the disposal of sanitary dressings.

 

Drinking Water

 

5.         Free drinking water shall be made available and drinking water taps shall be clearly marked as such.

Bottles and Glasses

 

6.            Patrons shall be advised not to remove bottles and glasses from the premises.  If bottles and glasses are taken outside they shall be removed from exterior areas when no longer in use or on closure of the beer garden whichever is the sooner.

 

7.         All glasses used on the premises shall be of toughened glass or of the plastic type where possible.

 

Emergency Lighting

 

8.         A system of emergency lighting, independent of the normal lighting of the premises shall be provided and shall illuminate all escape routes.  The system shall operate automatically on failure of the normal lighting or be on at all times, and shall be maintained in efficient working order and tested at specified intervals to the satisfaction of the Licensing Authority and Fire Authority, with details of tests recorded in the fire logbook.

 

Electrical Safety

 

9.         The complete electrical installations in or affecting the licensed area at the premises shall be inspected and tested by a “Qualified Electrical Engineer” once every year unless written confirmation is held by the premises licence holder stating that an electrical report is required less frequently the period based on risk factors and/or any relevant British Standard.  The Periodic Inspection Report, and any subsequent certificates, shall be held at the premises for inspection by the Licensing Authority in the form which complies with current British Standard and associated guidance.

 

Heating and Ventilation

 

10.       The premises shall be provided with adequate heating and ventilation to the satisfaction of the Licensing and Responsible Authorities.

 

11.       All heating appliances should be suitably guarded and fixed in position in such a manner so as to prevent unauthorised persons having access to the controls or being able to approach sufficiently close to the appliance to endanger themselves.

 

Light Pollution

 

12.            Flashing or bright lights on or outside the licensed premises shall not cause a nuisance to nearby properties.

 

13.       Areas both indoor and outdoor shall not be over-lit and beams shall not be aimed at sensitive properties.  The correct setting and use of sensors and the physical turning off of lights should assist in the prevention of nuisance.

 

Noise and Vibration

 

14.       Noise and vibration shall not be permitted to emanate from or transmit through the premises so as to cause a public nuisance to the occupiers of nearby and/or adjoining properties.

 

15.       All reasonably practicable steps shall be taken to prevent a nuisance at any neighbouring properties, during and outside the hours of operation.  Coolers for cellars and any other compressors for refrigeration equipment shall be acoustically attenuated and turned off when not required.

 

16.       All reasonably practicable steps shall be taken to prevent a noise nuisance at any neighbouring properties as public and staff leave and use the premises e.g. clearly legible notices requesting public and staff to respect the needs of local residents and to leave the premises and area quietly shall be displayed at all exits from the premises.  Such notices should also include a reference to vehicles - e.g. sounding of horns etc.

 

17.       All refuse and bottles shall be disposed of in bins quietly so as not to disturb neighbours or local residents.  There shall be no disposal of glass bottles and refuse outside between 23:30 hours and 08:00 hours nor any movement or waste, equipment or materials between these hours.

 

18.       To reduce the noise impact from the licensed premises at neighbouring properties, windows and external doors, except during access and egress, shall be kept closed as far as reasonably practicable whilst regulated entertainment is being carried on.

 

19.       The Designated Premises Supervisor shall request that deliveries, collections and operational servicing are carried out during reasonable hours such as after 08:00 and not after 19:00, except where access at other times is unavoidable and specific procedures are in place to limit disturbance.

 

20.            Guidance shall be given to drivers to switch off engines during deliveries, collections and servicing and to minimise other noise caused by their activities.

 

21.       The Designated Premises Supervisor shall use a designated taxi firm for customers and staff where possible and discourage taxi drivers from using their vehicle horn to attract attention when collecting passengers.

 

22.       If mechanical ventilation is required to ventilate the premises, a detailed technical specification including the noise generated by the plant at a given distance should be submitted to the Pollution Section, Regulatory Services, Vale of Glamorgan Council for approval of the equipment to be used prior to installation.

 

23.       A noise limiting device shall be fitted at the premises and must be set in accordance with Recommendations in Entertainment Noise Assessment Report by Hunter Acoustics and dated 17^th July, 2006.  Access to it shall be restricted to authorised staff only.  The noise limiting device must be calibrated as recommended by the manufacturer to ensure effective operation.

 

24.       An alarm shall be fitted to all external windows/fire doors to sound when they are opened without authorisation.

 

Odour/Noxious Smells

 

25.       The premises shall be properly ventilated and noxious smells shall not be permitted to emanate from the premises so as to cause a nuisance to nearby properties.

 

Beer Garden

 

26.       No loudspeakers/amplifiers for regulated entertainment shall be provided to external areas, such as beer gardens or the forecourt of the premises.

 

27.       The beer garden shall be closed at 23:00 hours and be vacated by 23:30.

 

(2)       T H AT the above be not operative until the grant of an amended planning application in respect of the opening hours, to be in line with the licensing application.