Agenda Item No.

 

LICENSING SUB-COMMITTEE

 

MINUTES of a meeting held on 7th February, 2008.

 

Present: Councillors J. Clifford, Mrs. M. Kelly Owen and J.W. Thomas.

 

Also present:

 

Responsible Authority: Licensing Officers, Environmental Health Officers and South Wales Police.

 

(a)       Appointment of Chairman -

 

Councillor J.W. Thomas was elected Chairman for the duration of the meeting.

 

 

(b)       Declarations of Interest -

 

No declarations were received.

 

 

(c)        Licensing Act 2003 - Premises Licence: Wetherspoon’s, Romily Buildings, Broad Street, Barry

 

All present had been provided with the procedure for Sub-Committee hearings.

 

Also Present: Mr. R. Bond (Manager of Wetherspoon’s) and his solicitor, Mr. Connor (McLellans Solicitors).

 

The Licensing Officer presented the application to the Committee and stated that the application was for the grant of a Premises Licence to include the sale of alcohol, provision of late night refreshment and regulated entertainment under the Licensing Act 2003.  Committee was further advised that representations had been received from South Wales Police, Environmental Health and an Interested Party.  However, in respect of representations made by South Wales Police and Environmental Health, they could confirm that all conditions had been mediated to date and therefore the only representation before the Committee for consideration was in respect of Appendix E: representations received from Councillor S. Wiliam.  The representations were detailed as follows:

 

“(1)      Prevention of Public Nuisance

(a)    Are the licensing hours applied for in line with the hours operated by existing bars and pubs in the area.

(b)         I am concerned with the opening or closing times, who do they expect to visit at 7am.

(c)     I also don’t think they should be opening until 1.30am on Thursday to Saturday, this is too late and would cause a major commotion to me when they close.

(2)       (a)    Is there an internal smoking area or are people expected to smoke on the street.  I understand that other licensed premises on Broad Street are having the numbers who can smoke outside restricted so I would assume it would apply to Weatherspoon as well.

            (b)    People smoking on the street outside would be noisy and leave cigarette butts everywhere.  This will detract from the otherwise pleasant, family oriented shopping area that adjoins High Street.”

 

Councillor Wiliam was not present at the meeting but had tendered his apologies.  The Licensing Officer advised the Committee that in respect of representations 1(a) and (b) and 2(a), these were not considered relevant representations under the Licensing Act 2003.  However representation 1(c) and 2(b) were considered relevant for the Committee’s consideration. 

 

The Applicant was then afforded the opportunity to present their case to the Committee.  The Applicant’s solicitor referred to the representations made by Councillor Wiliam and stated firstly if Councillor Wiliam had been present he would have asked whether the representations were made by Councillor Wiliam as an individual or in his capacity as Councillor representing his Ward.  He further advised the Committee that the principle of the premises being licensed had already been understood in relation to the fact that there currently existed a club on the premises which operated the sale of alcohol until 1.00am Monday to Wednesday, Thursday to Saturday 2.00am and 12noon until 12am on a Sunday.  The existing licence was also licensed for regulated entertainment, music and dancing. 

 

The solicitor further advised that J D Wetherspoon was a responsible retailer who had also produced a Code of Conduct for Responsible Retailing, which had been presented to Members of the Committee and was available at the meeting.  The firm also arranged extensive training packages for staff and their standards were ensured by arranging for mystery visitors to visit premises and report back to the centre.  The premises would be operated as a traditional Wetherspoon’s with no live music, only films, with a strong emphasis on the provision of food for visitors.  It was intended the premises would have a wide appeal for all ages including children. 

 

Conditions on the licence had been agreed with South Wales Police and the Environmental Health Officer and the solicitor had also addressed the concerns of Councillor Wiliam by e-mail on 31st January, 2008 although to date no response had yet been received.  The application for late night opening would allow for members of the public to disperse at staggered intervals and it was not anticipated that people would remain in large numbers until 1am.  In respect of a smoking area, an unused outside area was to be used as an outside beer garden and smokers would be encouraged to use that area.  Designated door supervisors would also be employed to ensure that the company’s standards were maintained.  The company itself did not allow people to congregate in large numbers outside the premises due to the intimidatory affect it could have on other visitors.  There was also no entry to the premises after 12 midnight and anyone who left the premises after 12 midnight would not be permitted back into the premises. 

 

Members of the Committee raised concern in relation to any residential properties within the area and were advised that the majority of premises were shops and garages.  In respect of CCTV they were advised that the company would be meeting with the South Wales Police architectural liaison officer to ensure approval of the CCTV system was agreed and that the company would endeavour to be an active member of any local pub or club watch.  In relation to condition 6 of the Environmental Health officer’s amended report it was confirmed that as there was no regulated entertainment other than films on the premises applied for, condition 6 would not be required.  The relevant amendments had also been included in the premises’ operating schedule. 

 

Having heard the representations, the Applicant was afforded the opportunity to sum up by the Chairman.  The Applicant however, declined the opportunity, stating that they considered their previous submission was adequate.  The Members then retired to consider the application in private. 

 

Sub-Committee Decision -

 

The Chairman informed the meeting that having considered the application and representations by the interested party (Councillor Stefan Wiliam), having noted the conditions that had been agreed between the Environmental Health Department and the South Wales Police and having considered the DCMS Guidance, the objectives of the Licensing Act 2003 and the Council’s statement of the Licensing Policy, the Sub-Committee

 

RESOLVED -

 

To grant the application as applied for with the agreed conditions of South Wales Police and Environmental Health but with the exception that  Recommendation 6 of the Environmental Health Officer’s report be deleted as it was not relevant as no entertainment had been applied for except for advertising, promotional videos and anything of a like kind.

 

In respect of the representations made by Councillor Wiliam and having taken into account the new guidance for interested parties (para 8.5 of DCMS Guidance issued under Section 182 of the Licensing Act 2003) the Sub-Committee had considered that the premises’ operating schedule had adequately dealt with Councillor Wiliam’s concerns.

 

Reasons for decisions

 

(1)       Having taken into account the licensing objectives and the conditions that had been agreed by Environmental Health and South Wales Police, which had been inserted in the operating schedule of the premises.

 

(2)       Having taken into account representations from the Interested Party.