Agenda Item No.

 

LICENSING SUB-COMMITTEE

 

 

MINUTES of a meeting held on 16th March, 2007.

 

Present: Councillors J. Clifford, E. Hacker and Mrs. V.M. Hartrey.

 

Also present:  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 - Club Premises Licence - Vale Cricket Club, Ewenny and Corntown Cricket Club, Corntown Road, Corntown CF35 9BA -

 

As a result of mediation that had taken place 24 hours prior to the meeting, the item was withdrawn from the agenda.

 

 

(d)            Licensing Act 2003 - Premises Licence, 12 Broad Street, Barry, CF62 7AB -

 

Also Present:

 

Mr. & Mrs. R. Buckeridge (Applicants).

 

The Licensing Officer presented the report and stated that the application was for the grant of a Premises Licence to allow Regulated Entertainment, the provision of Late Night Refreshment and the Sale of Alcohol under the Licensing Act 2003.  The application form was attached at Appendix A to the report. 

 

The requested hours could be found on pages 10,11,17 and 18 of the application form.  The Licensing Officer advised the Committee that representations had been made by the Environmental Health Department and the South Wales Police.  Committee was informed that 24 hours before the meeting mediation had taken place with Environmetal Health and the applicants had accepted their recommendations and conditions.. However in  relation to the Police representations successful mediation had not taken place in the required timescale.   The majority of the representations presented by the Police had been accepted by the Applicants but some considerable discussion had taken place in respect of the Police Officer’s recommendation that a minimum of two SIA registered door supervisors should be on the premises whenever operations took place after midnight.  The Applicants advised the Committee that they had now accepted this requirement having had clarity that as they were registered supervisors themselves they would ensure that a minimum of two SIA registered door supervisors were on the premises.

 

The Licensing officer tabled a letter dated 15th March, 2007 from the  Police Officer which tendered his apologies for not being able to be present at the hearing. 

 

The Members retired to consider the application in private and on return :-

 

Sub-Committee decision

 

The Sub-Committee Members expressed their concern that the South Wales Police Officer was not present at the meeting for them to discuss any contentious matters and they requested that the Police be advised that in future, where there are Police representations, that the Police be represented at the hearing

 

The Chairman then informed the meeting that having considered the application and representations by the Police and having considered the DCMS Guidance, the Objectives of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Sub-Committee

 

RESOLVED - T H A T the application be granted as applied for, subject to the following hours and the following conditions:

 

1.         Hours granted as follows:

 

Sale of Alcohol:

Monday - Thursday  10.00am - 24:00 hours

Friday - Saturday 10.00am - 01:00 hours

Sunday - 10.00am - 23:00 hours

 

Regulated Entertainment:

 

Monday - Thursday 10.00am - 23:30 hours

Friday - Saturday 10.00am - 00:30 hours

Sunday - 10.00am - 22:30 hours

 

Closure of Premises:

 

Monday - Thursday  - 24:30 hours

Friday - Saturday - 01:30 hours

Sunday - 11.30

 

Late Night Refreshment:

 

To be in accordance with the finishing hours of Regulated Entertainment.

 

2.         The conditions set out in the Applicant’s Operating Schedule.

 

3.         CCTV to operate at all times when the premises are open to the public.  The equipment should be to an agreed standard covering all areas to which the public have access.  Coverage should include all entrances and exits and images should be retained for 31 days and produced on request to the Police as soon as practicable.

 

4.         The premises will not engage in any irresponsible drink promotions that encourage binge drinking. 

 

5.         The premises will not allow admittance to customers beyond 24:00 hours and will provide a minimum of two SIA qualified door supervisors, whenever operating beyond midnight.

 

6.         The premises will operate a challenge 21 scheme to combat underage drink sales and accept only photographic ID, such as passports, driver’s licence or any other agreed and recognised ID.

 

7.         The premises will be an active and supportive member of Pubwatch or similar, where such a scheme is in operation.

 

8.         No off-sales of alcoholic drinks to be permitted at any time.

 

9.         No children to be allowed on the premises after 20:00 hours.

 

Capacity and Safe Condition of Premises

 

10.       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 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.

 

11.       Safety measures taken and capacity figures set should take into account those persons that may move in and out of external areas such as beer gardens, 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.

 

12.            Attendants shall as far as reasonably practicable be evenly spread throughout all parts of the premises to which the public have access and keep under observation all parts of the premises to which they have access.

 

Compressed Gases and Liquids

 

13.       Mobile appliances utilising cylinders or containers of flammable gas such as Calor gas heaters, shall not be used on the premises.

 

Certificates

 

14.       The certificates, or equivalent, listed below shall, where appropriate, be held for inspection by the Licensing and Responsible Authorities:

 

            (a)            any emergency lighting battery or system

            (b)            any electrical installation

            (c)            any boiler or calorifier

            (d)            any fire alarm system

            (e)            any fire fighting equipment

            (f)            any lift or hoist.

 

Sanitary Conveniences

 

15.       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

 

16.       Free drinking water shall be made available, to the satisfaction of the Licensing and Responsible Authorities.  Drinking water taps shall be clearly marked as such.

 

Cleansing

 

17.       The pavement from the building line to the kerb edge immediately outside the premises, including the gutter / channel at its junction with the kerb edge, shall be kept clean and free from litter to the satisfaction of the Licensing and Responsible Authorities.

 

Bottles and Glasses

 

18.            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 external areas whichever is the sooner.

 

19.            Glasses and bottles shall not be taken out on to the street.

 

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

 

Lighting

 

21.       All parts of the premises and all emergency external access routes shall be provided with an adequate means of artificial lighting to the satisfaction of the Licensing and Responsible Authorities.

 

22.       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.


 

 

Electrical Safety

 

23.       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 and Responsible Authorities in the form which complies with current British Standard and associated guidance.

 

Temporary Electrical Installations

 

24.            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).

 

25.            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 and Responsible Authorities.

 

Heating and Ventilation

 

26.       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 premises to reduce the likelihood of a public nuisance to nearby residents caused by the breakout of noise due to entertainment.

 

27.       All stoves, open fires and other heating appliances, which form an integral part of the structure, shall be efficiently and effectively fixed and guarded.

 

28.       A CORGI certificate or inspection shall be provided in respect of any gas boiler, calorifier or appliance it shall be held at the premises for inspection by the Licensing Authority.  The inspection will be carried out annually and a new report shall be provided each year.

 

Light Pollution

 

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

 

30.       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.

 

31.       Where flashing lights or particularly bright lights are used, curtains and blinds shall be used to prevent the escape of the light outside the premises boundary.

 

Noise and Vibration

 

32.       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 adjoining properties.

 

33.       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.

 

34.       The external doors at the premises shall remain closed except during access and egress.

 

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

 

36.       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 23:00 hours and 08:00 hours nor any movement of waste, equipment or materials between these hours.

 

37.       Doors and windows shall be kept closed as far as reasonably practicable to reduce the noise impact from the licensed premises at neighbouring properties.  Windows and doors shall be closed whilst regulated entertainment is being carried on after 23:00  regardless if regulated entertainment is carried on or not.

 

38.       The Designated Premises Supervisor shall request that deliveries, collections and operational servicing are carried out at 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.

 

39.            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, such as beer gardens or the forecourt of the premise.

 

40.            Coolers for cellars and any other compressors for refrigeration equipment sited externally shall be acoustically attenuated.

 

41.       The noise level from the premises whilst being used for regulated entertainment purposes shall be inaudible at the curtilage of the nearest sensitive premises.

 

42.       An alarm shall be fitted to the rear fire doors to sound when they are opened without authorisation.

 

Odour / Noxious Smells

 

43.       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.

 

44.       Odour shall not emanate from waste and bottle store areas, bins shall be sealed and be of sufficient size to hold all waste generated by the business.  Bins shall also be cleanable and be emptied and cleaned on a regular basis.

 

Beer Garden / Outside Areas

 

45.       Public and staff will not be permitted to use external areas of the licensed premises after 23:00 hours other than for the purposes of arrival and departure.  This includes any beer garden.

 

46.       All bottles, glasses and seating shall be removed from exterior drinking areas by 23:30 hours.

 

47.            Customers shall be prevented from taking any alcoholic drinks, or other drinks, from the premises in open containers (e.g. glasses and opened bottles).

 

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

 

49.       A ‘closed sign’ shall be displayed at the entrance at the terminal hour specified on the licence.

 

Refuse and Refuse Storage

 

50.            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.