Minutes of a meeting held on 20th
Present: Councillors Ms. M.E.
Alexander, J.W. Thomas and E.T. Williams.
Also present: Responsible Authorities -
Environmental Health Officer and Licensing Officers.
A copy of the procedure for the hearing was
attached to the agenda and available for those present at the
Appointment of Chairman -
Councillor J.W. Thomas was elected Chairman
for the duration of the hearing.
Declarations of Interest -
No declarations were received.
Licensing Act 2003 - Application for a Premises Licence - Pier
64 Restaurant, Penarth Portway, Penarth, CF64 1TT -
Also present: Mr. G. Roberts, Solicitor
representing the Applicants and Mr. A. Hancock,
Interested party: Dr. M. Whitehill.
The Licensing Officer, in outlining the
application to the Sub-Committee, advised that the Applicants had
now withdrawn the live music element of the application and the
application under consideration related only to the playing of
background recorded music and the sale of alcohol, both between
0900 hours and 2300 hours seven days a week. She indicated
that the representation made by Trading Standards had been
withdrawn following mediation subject to the conditions specified
by Trading Standards being attached to the licence. The
Licensing Officer also referred to three letters of representation
from interested parties having been withdrawn once they had been
notified that the live music element of the application had been
withdrawn. Twenty representations were, however, extant and were
appended to the report.
Mr. Roberts then presented the case for the
Applicants, stressing that the premises was intended for use as an
up-market/fine dining restaurant with a bar which would in no way
resemble a pub environment. The application for live music
had been removed and the playing of recorded music was intended
purely to create a welcoming atmosphere for patrons. It was
important to the Applicants to allay the concerns of
residents. Whilst the premises had a balcony, all windows and
doors would be closed after 9pm and the sale of alcohol and food
was on site only, thereby negating concerns about littering. The
sale of alcohol would be strictly supervised and every effort would
be made to ensure the sobriety of patrons. Signs would be in
place requiring the quiet entry to and exit from the premises to
limit any impact on residents. He expressed confidence that
there would be no increase in public disorder; rather it was
anticipated that the restaurant would add to the overall atmosphere
of the area. He concluded his initial comments by stressing
that the Applicants had sought to work with the responsible
authorities to address both their and local residents’
Dr. Whitehill then addressed the Sub-Committee
as an interested party. A primary concern related to the
music element of the application, Dr. Whitehill referring to the
fact the music would reverberate off the cliff and surrounding
buildings as well as travelling over the water. In response
to his question as to whether a noise impact assessment had been
undertaken, the Environmental Health Officer indicated not,
commenting that the Marina was not considered a particularly quiet
area prior to 11pm and that there had been few noise issues in that
area to date. Dr. Whitehill continued by referring to the
fact that Pier 64 was branded as a bar and restaurant and to his
fears that it would attract clients wishing only to drink. He
drew attention to the potential public nuisance which would be
caused by the fact that the premises offered only 9 parking spaces
whilst accommodating some 100 covers and that patrons would
consequently park on pavements and other unauthorised areas.
Mr. Hancock indicated that the premises would house approximately
70 covers (including the bar) and that the number of car parking
spaces had been increased to 14. In response to a further
query from Dr. Whitehill in relation to patrons congregating along
the side of the wrap-around terrace, Mr. Hancock stated that there
was insufficient space in that area to put tables and chairs and
the pathway would be blocked off until completed.
Environmental Health had also submitted a
representation in relation to noise. Later in the
proceedings, the Environmental Health Officer stated that she was
not aware at the time the representation was submitted that the
live music element of the application had been withdrawn; she also
confirmed that the Applicants had accepted the conditions proposed
by Environmental Health and that her purpose in attending the
meeting today was simply, therefore, to respond to any queries that
The Sub-Committee then retired to consider the
matter in private.
Having considered the application and
representations made by the Environmental Health Department,
Trading Standards and interested parties 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 as amended
by the Applicants be granted as follows subject to the following
hours granted in respect of the sale of alcohol, for regulated
entertainment and closure of the premises be granted as applied
conditions as set out in the Applicant’s operating schedule.
supply of alcohol is to be made under the premises licence:
(a) at a
time when there is no designated premises supervisor in respect of
the premises licence, or
the designated premises supervisor does not hold a personal licence
or his personal licence is suspended.
supply of alcohol under the premises licence is to be made or
authorised by a person who holds a personal licence.
conditions as agreed with Trading Standards, as amended at the
meeting and reproduced below, in relation to the prevention of
crime and disorder and the protection of children from harm:
CCTV system should be installed to a Standard agreed with South
Wales Police covering all areas (excluding toilets) that the public
has access to. This system should cover all the entrances and
exits. Images should be produced at the request of South
Wales Police or Trading Standards as soon as practicable.
Images should be kept for a minimum of 31 days.”
conditions as agreed with Environmental Health, as amended at the
meeting, as follows:
(i) Noise shall not
be permitted to emanate from through the premises so as to cause a
nuisance to the occupiers of nearby properties.
All reasonably practicable steps shall be taken to prevent a
nuisance at any neighbouring properties, during and outside the
hours of operation. Non essential extraction systems, heating
and refrigeration systems shall be turned off when not
external doors at the premises shall remain closed except during
access and egress.
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.
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 or any movement of waste, equipment or materials
between these hours.
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 and from 21:00
balcony area shall be closed from 21:00 until 09:00 so to limit
noise breakout and disturbance.
(viii) The Designated
Premises Supervisor shall request that deliveries, collections and
operational servicing are carried out at 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
Guidance shall be given to drivers to switch off engines during
deliveries, collections and servicing, and to minimise other noise
caused by their activities.
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 the balcony area of the
Coolers for cellars and any other compressors for refrigeration
equipment sited externally shall be acoustically attenuated.
(xii) The noise
level from the premises whilst being used for regulated
entertainment purposes shall be inaudible at the curtilage of the
nearest sensitive premises.
Prior to the conclusion of the meeting, the
Chairman indicated that Members of the Sub-Committee had attempted
to protect the quality of life for residents while allowing the
Applicant to run a successful business. He further indicated
that Members were pleased with the responsible way the Applicant
and residents had dealt with the matter prior to the submission of
the application to the Sub-Committee. He reminded all present
that there was recourse to an application for review if deemed