Agenda
Item No.
LICENSING
SUB-COMMITTEE
Minutes of a meeting held on 10th
June 2008.
Present: Councillors A.D.
Hampton, Mrs. V.M. Hartrey and J.W. Thomas.
Also present:
Responsible Authority: Licensing
Officer, Environmental Health Officer 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 - Application for a Grant of a Premises
Licence - Eclipse, 18 Windsor Road, Penarth -
The papers contained within the agenda for
consideration at the meeting contained a copy of the procedure to
be followed at meetings of the Licensing Sub-Committee.
Also present: Mr. N.L. Lloyd
(Applicant), Miss. J. Lovell, Mr. P. Neil, Mr. J. Bourne
and Ms. K. Lloyd-Owen in support of the application.
The Licensing Officer presented the report,
advising that the application was as follows:
Sale of alcohol:
- Monday to
Saturday 08:00 to 02:00
- Sunday 08:00 to
22:30
Seasonal variations:
- Christmas Eve, Good
Friday and Sundays preceding a Bank Holiday: Saturday hours to
apply
- 11:00 New Years Eve
to 23:00 New Years Day.
Late night refreshments:
- Monday to
Saturday 08:00 to 02:00
- Sunday 08:00 to
22:30
Seasonal variations:
- Christmas Eve, Good
Friday and Sundays preceding a Bank Holiday: Saturday hours to
apply
- 11:00 New Years
Eve to 23:00 New Years Day.
Recorded music:
- Monday to
Saturday 08:00 to 02:00
- Sunday 08:00 to
22:30
Seasonal variations:
- Christmas Eve, Good
Friday and Sundays preceding a Bank Holiday: Saturday hours to
apply
- 11:00 New Years
Eve to 23:00 New Years Day.
Provision of facilities for dancing:
- Monday to
Saturday 08:00 to 02:00
- Sunday 08:00 to
22:30
Seasonal variations:
- Christmas Eve, Good
Friday and Sundays preceding a Bank Holiday: Saturday hours to
apply
- 11:00 New Years
Eve to 23:00 New Years Day.
Opening hours:
- Monday to
Saturday 08:00 to 02:30
- Sunday 08:00 to
22:50
Seasonal variations:
- Christmas Eve, Good
Friday and Sundays preceding a Bank Holiday: Saturday hours to
apply
- 11:00 New Years
Eve to 23:30 New Years Day.
In support of his application, Mr. Lloyd
stated that the premises had held an “old style” license for some
20 years, and Mr. Lloyd had taken control of the premises the
previous May. Mr. Lloyd’s intention was to create a “quality”
venue and had refurbished the premises after Christmas.
Artists’ impressions of the interior were distributed at the
meeting.
The intention was to “target” the clientele,
and any troublemakers would be barred for life. As such, Mr.
Lloyd had worked closely with the police regarding the provision of
door staff. Mr. Lloyd felt that the request of the Police for
a minimum of 5 suitably qualified door staff to be employed at the
premises from 21:00 hours until close of business at all times to
be unnecessary as the night club would not open until 22:00 hours,
and Mr. Lloyd requested the Police representative to consider the
requirement for 4 suitably qualified door staff to be employed from
22:00 hours until close of business.
The Police representative stated that he was
willing to accept the provision of 2 door personnel from 20:00
hours and a minimum of 4 door personnel from 22:00 hours.
Mr. Lloyd also requested that, in view of the
premises’ door control policy, the time of final admittance be
00:30 hours, and not 00:00 hours.
The Police representative accepted this
request.
Regarding the letter of objection referred to
at Appendix E to the report, Mr. Lloyd stated that the
problems referred to were, in his view, historical.
Mr. Lloyd also stated that the windows at the premises would
be closed at 23:00 hours.
In conclusion, Mr. Lloyd stated that he had a
very competent and professional management team. The club
would be an asset to Penarth.
The representative of Environmental Health
stated that since his original recommended list of conditions had
been drawn-up, it now seemed appropriate that they be amended, and
a revised list was distributed at the meeting.
A Member of the Sub-Committee noted that the
application contained a request for “off-sales”. Mr. Lloyd
stated that this had been a feature of the previous licence for the
premises and agreed that this part of the application be
deleted.
Sub-Committee Decision
The Chairman informed the meeting that having
considered the application and representations by the Police,
Environmental Health Department, Trading Standards Department and
Interested Parties 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 had
RESOLVED - T H A T the application be granted
as applied for, subject to the following conditions:
· The Licence to
be restricted to on-sales only.
· The premises
will operate a Radio net or similarly approved system, where such
a
scheme is
in existence.
· All bottled
drinks are to be decanted at the point of sale and only toughened
or
polycarbonate
drinking vessels are to be used. (Strictly no glass bottles
to be used at
any time.)
· Strictly no
admission to patrons beyond 00:30 hours.
· Sufficient
staff must be employed on the premises to ensure all empty /
discarded
drinking
vessels are removed from public areas promptly.
· Premises will
fully embrace the challenge 21 Scheme and accept only approved
identify
cards.
· Premises to
provide a secure and monitored cloak room facility.
· A minimum of
two suitably qualified S.I.A. door staff will be employed at the
premises
from 20:00
hours and a minimum of four from 22:00 hours until close of
business at all
times.
· Premises will
be an active and fully supportive member of Pubwatch or
Clubwatch,
where such
schemes are operating.
· The CCTV system
installed must be to an agreed standard covering all areas to
which
the public has
access including cloakrooms and excluding toilets. The system
must
include
all entrances and exits with coverage extending to the middle of
the road.
Images shall be
produced on the request of the Police, as soon as practicable,
therefore
adequate training is needed by duty staff to comply with this
provision.
There will be
storage facility for the images to be kept for at least 31
days.
· The South Wales
Police Architectural Liaison Officer shall approve the CCTV
system.
· A facility for
the ordering of private hire vehicles to be available at all
times. Premises
operators to
have a contact / arrangements with a private hire company to allow
for
the collection
of customers from 2 hours before and up to the terminal hour.
· Children shall
not be allowed into premises unless attending a private function
and
accompanied by
an adult.
Capacity and Safe Condition of
Premises
1. No overcrowding in any
part of the premises which would interfere with the safety or
comfort of the public shall be permitted.
2. Provision for the storage
of coats, hats or bags shall not be made in corridors, passageways
or gangways or any exit way used by the public.
Compressed Gases and
Liquids
3. Mobile appliances
utilising cylinders or containers of flammable gas, such as Calor
gas heaters, shall not be used on the premises.
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 safety curtain
(c) any permanently
installed laser
(d) any permanently installed
strobe lighting
(e) any permanently installed
smoke machine.
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.
Cleansing
7. 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.
Bottles and Glasses
8. Patrons shall be advised
not to remove bottles and glasses from the premises.
Emergency Lighting
9. A system of emergency
lighting, independent of the normal lighting of the premises shall
be provided and shall illuminate all access / egress 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.
Electrical Safety
10. 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
11. 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 and thereby
reduce the likelihood of a public nuisance to nearby residents
caused by the breakout of noise from regulated entertainment.
12. All stoves, open fires and other
heating appliances, which form an integral part of the structure,
shall be efficiently and effectively fixed and guarded.
Light Pollution
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 practical steps shall
be taken to prevent a noise nuisance at any neighbouring properties
as public and staff leave and use the premises.
16. Clearly legible notices shall be
displayed at all exits from the premises requesting public and
staff to respect the needs of local residents and to leave the
premises and area quietly. 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 23:00 hours and 08:00 hours nor any
movement of waste, equipment or materials between these hours.
18. 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.
19. Entertainment shall be held within
the envelope of the building itself only and no music or speech
shall be relayed externally. No loudspeakers / amplifiers for
regulated entertainment shall be provided to eternal areas.
20. Coolers for cellars and any other
compressors for refrigeration equipment sited externally shall be
acoustically attenuated.
21. A noise limiter shall be fitted to
the music amplification system in agreement with and to the
satisfaction of an authorised officer of the responsible
environmental health authority. The noise limiter shall be
set and maintained at a level to be decided upon by the said
officer.
Odour / Noxious Smells
22. Bin storage areas shall be cleaned
regularly and be provided with adequate drainage.
Refuse and Refuse Storage
23. Refuse and bottle storage areas and
bins shall be secured to prevent unauthorised access.
Therefore glass bottles held in those areas cannot be accessed by
the public and used as weapons.