Minutes of a meeting held on 30th January, 2013.
Present: Councillors A.G. Powell, J.W. Thomas and Mrs. M.R. Wilkinson.
Also present: Responsible Authorities - Licensing Officer, Environmental Health Officer.
The procedure for the hearing had been attached to the agenda and was available to those present at the meeting.
(a) Appointment of Chairman –
Councillor J.W. Thomas was elected Chairman for the duration of the hearing.
(b) Declarations of Interest –
No declarations were received.
(c) Licensing Act 2003 – Application for Premises Licence – The Kymin, Beach Road, Penarth, CF64 1JX –
Mr. K. Hutchings, Deputy Town Clerk, Penarth Town Council (representing the Applicant).
Mr. A. Ernest (member of the public and resident in the vicinity of the Kymin)
Mr. C. Evan (resident of Seabank).
After welcoming all present to the meeting, the Chairman invited those interested parties who wished to speak to the table. The Licensing Officer then took Members through the report. The application as submitted requested permission for the provision of regulated entertainment and the provision of late night refreshment between 09:00 and 01:30 Monday to Sunday. Non standard times had also been requested for Christmas Eve, New Year’s Eve and the Penarth Summer Festival for late night refreshment and certain regulated entertainment. A copy of the application form was appended to the report. A representation had subsequently been received from Environmental Health, a copy of which was appended to the report. Five representations from interested parties had also been received as attached at Appendix C to the report.
Mr. Hutchings then explained the background to the application. He referred specifically to the Penarth Summer Festival having grown from strength to strength over recent years and the inability of the Town Council, under the terms of a Temporary Event Notice, to accommodate requests for use of the premises on consecutive days. He stated, inter alia, that the Town Council was very mindful of the concerns of local residents and that he was more than prepared to amend the closing hours requested to 23:00 with the exception of New Year’s Eve. He explained that he had initially requested 01:30 because he could. In response to a direct question from one of the interested parties as to whether he was prepared to modify the hours requested as indicated above, Mr. Hutchings replied that he was.
The Environmental Health Officer stated that she had discussed the proposed hours of operation with Mr. Hutchings prior to the meeting and advised that they should be restricted to 23:00 for indoor entertainment given, inter alia, noise emanating from inside the building and the low background noise levels during the evening and night in that area. The Environmental Health Officer had further advised that the timings for Christmas Eve should be those of a normal day given the residential nature of the area. She indicated that Mr. Hutchings had accepted her proposals and that the only matter of contention was that relating to the use of the external area. She had initially advised that entertainment in external areas should cease at 19:00 given the nature of the area and noise levels as indicated above but understood that this was a matter for Members to determine. Mr. Hutchings stated, by way of clarification, that there could be two occasions during the Summer Festival when use would be made of the external areas for regulated entertainment and that there were very occasional weddings catered for in the marquee – which was why the application had been made for 23:00. He referred to the fact that there was a resident caretaker at the Kymin and that he could be contacted on site were any complaints made relating to noise disturbance.
The Environmental Health Officer responded to queries from the interested parties as to the distances involved between the venue(s) and Seabank and properties in Beach Lane and Kymin Terrace – the shortest and longest distance being approximately 45 and 135 metres respectively. When asked, she indicated that the weakest part of any property in combating the ingress of noise into the property was its windows. Members were notified by an interested party that the properties in Beach Lane and Kymin Terrace were around 150 years old and were either listed or in a conservation area – which constrained the type of noise attenuation measures that could be implemented.
Mr. Evans, a Director of Seabank, then addressed the Sub-Committee. He and the residents of Seabank had been concerned with the hours as applied for because of the proximity of Seabank to the Kymin. He had spoken to Mr. Hutchings who had assured him that, despite the hours shown in the application form, the Town Council had no intention of exceeding the current hours. Mr. Evans’ continuing concern, however, was that if the licence were granted as applied for there could come a time when those hours of operation became the norm. A further concern expressed by Mr. Evans related specifically to the marquee, Mr. Evans indicating the view that any hours granted in excess of 22:30 would be unreasonable. Mr. Ernest then spoke. He reiterated that, although a member of Penarth Town Council, he was making representations as a member of the public. He referred again to the fact that nearby properties were Victorian terraced houses with large single glazed windows. He indicated that he was not aware that the Town Council had made a resolution in respect of the hours shown in the application and drew attention to his wife’s bed and breakfast establishment and his concern that visitors would be inconvenienced by late night disturbance. The Chairman ruled at this juncture that the first of those comments was irrelevant and that Mr. Ernest should base his submission on the amended hours of 23:00 as agreed earlier in the meeting by Mr. Hutchings. Mr. Ernest resumed by stating that his concerns did not relate to either wedding parties or the Summer Festival. His prime issue, rather, was the disturbance to residents in the area and guests at Brecon Lodge by persons leaving the Kymin “late at night”. He offered no objection, however, to the closing hours being granted as 23:45 Mondays to Thursdays and Sundays, 00:30 on Fridays and Saturdays, and the extended hours for Christmas Eve and New Year’s Eve being 00:30. Mr. Hutchings was then asked by a Member of the Sub-Committee to confirm the amended hours he had agreed earlier. Mr. Hutchings confirmed the amended hours to be 23:00 Mondays to Sundays.
The Chairman then afforded Mr. Hutchings the opportunity to sum up. Mr. Hutchings referred to the mediation which had taken place which had resulted in a reversion to the current conditions of hire, namely
Regulated entertainment, etc. Monday to Sunday – event to end at 22:30, clearance to be effected by 23:00.
Christmas Eve – as above
New Year’s Eve – event to end at 00:15, clearance by 01:00.
When asked by the Chairman to clarify the position in relation to the external area, Mr. Hutchings indicated that the Town Council wished to make the area attractive to potential hirers and, as such, had considered the proposal from Environmental Health that the licensed hours should run until 19:00 only too restrictive. Additionally, Mr. Hutchings confirmed that, other than the Summer Festival, very few weddings were held at the Kymin and that the Town Council wished to maintain the premises as a community facility.
There being no further questions, Members of the Sub-Committee retired to consider the matter in private.
Having considered the application and representations by the Environmental Health Department and Interested Parties and having considered the Home Office Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of the Licensing Policy, the Sub-Committee
RESOLVED – T H A T the Application as amended be granted as follows:
(1) Regulated Entertainment to include plays, films, indoor sporting events, live music, recorded music, performance of dance, anything similar and late night refreshment
09.00 – 22.30 Monday to Sunday
New Year’s Eve 09:00 – 00:30 (half past midnight).
(2) Closure of Premises -
23:00 Monday to Sunday
New Year’s Day 01:00 (New Year’s Eve celebrations).
(3) The conditions set out in the Applicant’s operating schedule.
(3) Conditions nos. 13 and 14 as recommended by the Environmental Health Officer, namely:
13. Noise shall not be permitted to emanate from the premises so as to cause a public nuisance to the occupiers of nearby properties.
14. Clearly legible notices shall be displayed at all exits from the premises requiring public, guests 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.
The Sub-Committee found the remaining conditions asked for were either covered by other legislation or were not applicable to this premises application.
Reasons for decisions
The Sub-Committee has decided to grant the application as amended taking into account the following:
The Sub-Committee took into account the concerns of the local residents and the Environmental Health Officer but felt that with the amended hours and good day to day management by the Town Council, there should not be detrimental affect on their quality of life.
All parties were reminded that should the premises cause concern related to the Licensing Objectives, then the licence can be reviewed by the Licensing Authority.