Agenda Item No.

 

 

LICENSING SUB-COMMITTEE

 

 

MINUTES of a meeting held on 5th January, 2007.

 

Present:  Councillors Mrs. C.V.L. Clay, Miss. J. Cole and A.J. Readman.

 

Also present: 

 

Responsible Authorities:  Environmental Health Officers and Licensing Officers.

 

 

(a)            Appointment of Chairman -

 

Councillor Miss. J. Cole was elected Chairman for the meeting.

 

 

(b)            Declarations of interest -

 

No declarations were received.

 

 

(c)            Licensing Act 2003 - Premises Licence - The Old College Inn, Barry Road, Barry -

 

Committee was informed that the application to vary the Premises Licence had been mediated, the terms of the mediation being as follows:

 

·        the applicants had withdrawn the part of the application which related to the construction of an “all weather garden”, the application for planning permission having been refused

·        no regulated entertainment to be included in the Premises Licence

·        there were no objections to the amendment of condition 4 of the current licence to read “No children to be allowed on the premises after 20:00 hours, except when attending a pre-booked function or dining.  All children should depart the premises by 22:00”.

 

 

(d)            Licensing Act 2003 - Premises Licence - Gordon Bennetts!, Broad Street, Barry -

 

Also present - Mr. B. Bennett (Applicant) and Mr. A. Humphreys (Applicant’s representative).

 

Before consideration of the application for a variation, in summary, to change the name of the premises, to vary the hours of operation and to remove all the conditions save for Annex 1 of the mandatory conditions, Members of the Committee were informed that the application had been mediated immediately prior to this meeting to the satisfaction of the applicant and his representative and the Environmental Health Officer (E.H.O.). The E.H.O. then drew attention to the comments of the Licensing Officer as contained in the report in relation to certain of the conditions proposed by the E.H.O., the Licensing Officer quoting paragraph 7.13 of guidance issued under Section 182 of the Licensing Act 2003 which stated that the only conditions which should be imposed on a premises licence were those which were necessary and proportionate for the promotion of the licensing objectives.  The E.H.O. defended his position, pointing out, inter alia, that many of the proposed conditions had either been deleted or amended following the discussions between himself and the applicant earlier in the day; the applicant’s representative confirmed that the conditions as set out below were seen as eminently sensible for the good running of the business and had now been agreed. The E.H.O. then went through each of the proposed conditions, indicating  those agreed unamended, those to  be deleted and the detail of those to be amended.

 

The Members of the Sub-Committee then retired to consider the application in private.

 

Sub-Committee decision –

 

The Chairman informed the meeting that the comments of both the E.H.O. and the Licensing Officer regarding the duplication of statutory regulations in respect of a number of conditions had been taken into consideration. The Sub-Committee had also considered the DCMS Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of Licensing Policy together with the fact that the applicant had agreed to the conditions as listed below. The Sub-Committee had, therefore,

 

RESOLVED – THAT the application be granted as applied for save for the following alterations and subject to the following conditions which had been agreed through mediation between the E.H.O. and the applicant:

 

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 Rescue Fire Authority from time to time (such number 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.

 

Safety measures taken and capacity figures set should take into account those persons who may move in and out of external areas such weather permitting, those that use exterior areas must not be allowed to exceed the total figure for the interior of the premises to ensure public safety. 

 

2.         All floor surfaces, floor coverings, steps, stairways and handrails in or leading to the premises and in the accesses and exits to it are to be of such specification and are in such safe condition as is satisfactory to the Licensing Authority and Responsible Authorities.

 

3.         The premises licence holder, a club official, manager or designated premises supervisor should be aware of the number of people on the premises and shall inform any authorised person on request.

 

Certificates

 

4.         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.

 

Sanitary Conveniences

 

5.         A suitable number of toilets shall be provided and 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

 

6.         Free drinking water shall be made available, to the satisfaction of the Licensing Authority. Drinking water taps shall be clearly marked as such.

 

Bottles and Glasses

 

7.            Patrons shall be advised not to remove opened bottles and glasses from the premises.

 

8.         All glasses used on the premises shall be of toughened glass or of the plastic type where possible and/or when renewed.

 

Lighting

 

9.         In the absence of adequate daylight, the lighting in any area accessible to the public and staff shall be fully in operation during all times when they are present. 

 

10.       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. 

 

Electrical Safety

 

11.       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.

 

Temporary Electrical Installations

 

12.            Temporary electrical installations shall comply with recommendations of British Standard 7671 (The I.E.E. Wiring Regulations) or where applicable British Standard 7909: (Code of Practice for Temporary Distribution Systems for AC Electrical Supplies for Entertainment Lighting, Technical Services and Related Purposes).

 

13.            Temporary electrical installations shall be inspected and certified by a competent person before they are put into use. A copy of the certificate shall be held for inspection by the Licensing Authority.

 

Heating and Ventilation

 

14.       The premises shall be adequately ventilated in all areas to which the staff and public have access so as to enable doors and windows to remain closed thereby enabling the premise to reduce the likelihood of a public nuisance to nearby residents caused by the breakout of entertainment noise.

 

Noise and Vibration

 

15.       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.

 

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.

 

17.       Clearly legible notices shall be displayed at all exits from the premise requesting public and staff to respect the needs of local residents and to leave the premises and area quietly.

 

18.       Doors shall be kept closed as far as reasonably practicable to reduce the noise impact from the licensed premises at neighbouring properties.  Doors shall be closed whilst regulated entertainment is being carried on and in any event at 23:00 except for access and egress.

 

19.       The Designated Premises Supervisor shall request that deliveries, collections and operational servicing are carried out reasonable hours such as after 8:00 and not after 19:00, except where access at other times is unavoidable and specific procedures are in place to limit disturbance.

 

20.            Entertainment shall be held within the envelope of the building only and no music or speech shall be relayed externally.  No loudspeakers/amplifiers for regulated entertainment shall be provided to external areas

 

21.       If additional 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.

 

22.       An alarm shall be fitted to all external fire doors to signal when (they /it) are / is opened without authorisation by 31st March, 2007 to prevent access to uncontrolled numbers from entering the premises and also to prevent noise breakout.

 

Refuse and Refuse Storage

 

23.            Refuse and bottle storage areas and/ or bins shall be secured so unauthorised access shall not be permitted.  Therefore glass bottles held in areas accessible to the public cannot be accessed and used as weapons.