STATUTORY LICENSING SUB-COMMITTEE

 

Minutes of a reconvened meeting held on 23rd October, 2017.

 

Present:  Councillors R. Crowley, A.D. Hampton and Mrs. J.M. Norman.

 

Also present: Licensing Officer (Vale of Glamorgan Council) and Environmental Health Officer (Shared Regulatory Services).

 

 

(a)       Appointment of Chairman –  

 

RESOLVED – T H A T Councillor A.D. Hampton be elected Chairman for the duration of the hearing.

 

 

(b)       Declarations of Interest

 

No declarations were received.

 

 

(c)        Licensing Act 2003 – Application for the Variation of a Club Premises Certificate – Penarth Labour Club, 98/100 Glebe Street, Penarth, CF64 1ED

 

In attendance at the hearing was Mr. M. Grant and Mrs. T. Kemp (the Applicant’s representatives).

 

The Chairman welcomed those present to the reconvened Sub-Committee hearing and invited the Licensing Officer to set out the position in regard to the above application. 

 

In referring to the report, the Licensing Officer advised that the Licensing Act 2003 centred around four licensing objectives which were namely: 

  • The prevention of crime and disorder
  • Public safety
  • Prevention of public nuisance
  • The protection of children from harm. 

In regard to the application, this was received on 14th August, 2017 to vary the Club Premises Certificate, details of which were set out in Appendix B to the report.  The Licensing Officer indicated that the variation sought to vary the Premises Licence as follows:

 

hours

 

Current Hours

Application

Recorded Music

10.00 to 23.30 Mon to Sat

12.00 to 22.30 Sun

11.00 to 01.00 seven days a   week

Live Music

19.00 to 23.00 Mon to Sat

19.00 to 22.30 Sun

11.00 to 01.00 seven days a   week

Supply of Alcohol

10.00 to 00.00 Mon to Sat

10.00 to 22.30 Sun

11.00 to 02.00 seven days a   week

Opening

10.00 to 00.00 Mon to Sat

10.00 to 22.30 Sun

11.00 to 02.00 seven days a   week

 

Under the auspices of the above Act, the Regulations (2005), a Responsible Authority or any other person may make relevant representations at any time during the 28 day consultation period. 

 

Accordingly, on 30th August, 2017 representations were received from the Environmental Health Department, details of which were set out in Appendix C. 

 

In addition, on 30th August, 2017 representations were also received from Ms. C. Morgan, a local resident and a copy those representations were set out in Appendix D to the report.  At this juncture, the Licensing Officer indicated that the Objector had not approached the Authority to indicate that they would be in attendance at the hearing.

 

The Licensing Officer further indicated that there had been no further representations received from the Responsible Authorities or “Other Persons”. 

 

In referring to a Club Premises Certificate, the Licensing Officer indicated that once granted, this would generally remain in force indefinitely and the circumstances in which it would not do so related to the following matters: 

  • It was revoked; or
  • The Applicant requested a licence for a limited time only; or
  • It was suspended; or
  • It lapsed due to some incapacity on the part of the licence holder; or
  • It was surrendered. 

Having regard to the above matters, the Licensing Officer indicated that the matter had been referred to the Sub-Committee for determination as officers did not have the delegated authority to determine applications where relevant representations had been received and not subsequently withdrawn. 

 

At this juncture, the Chairman invited the Applicant’s representatives to make their representations in support of their application. 

 

Mr. Grant, representative of the Applicant (Mr. J. Hardy), advised that whilst the application was for seven days a week it was not the Club’s intention to operate on a seven day a week basis.  The Club was seeking the licence to cater for broadcasts of special sporting events such as the Rugby Six Nations, boxing events and football events such as the Champions League.  He also indicated that the Club had had regard to the Environmental Health Department’s objections and since the application had been submitted they were in the process of installing an alarm to the rear fire door which accessed onto the smoking area which would alert staff to the door being left open.  He had acknowledged that there had been occasions where the door had been wedged open to provide ventilation due to the ambient temperature within the Club getting too hot.  That said, he indicated that the ventilation fan to the main Club area had been replaced which would avoid the necessity for windows to be left open and the door to be wedged ajar to provide ventilation in the future.  He further indicated that there was a smoking area to the rear of the premises which avoided the unnecessary gathering of patrons at the front of the premises and on the public pavement and he further indicated that no staff resided at the premises. 

 

Councillor Crowley, in referring to the premises’ smoking area, enquired if this area impacted upon neighbouring properties in terms of noise nuisance.  In response, Mr. Grant indicated that currently there were no residential neighbouring properties but, he was aware of a planning application to construct two residential properties on the old bakery site.  He also confirmed that the Club had objected to the application.

 

Councillor Norman referred to the external door to the smoking area and sought an explanation from the Applicant’s representatives as to why they had not ensured this door was kept closed during existing operations.  In response, Mrs. Kemp indicated that the door had been wedged open without their knowledge and measures were now in place to ensure that the door closed to avoid noise nuisance emanating from the establishment.

 

At this juncture the Environmental Health Officer referred to the plan contained within the agendaed bundle of papers and referred to the smoking area.  She indicated that the location of the Club was in a predominantly residential location and reiterated the issue regarding the fire door to the smoking area being left open and enquired of the Applicant’s representatives whether it was the intention to hold “disco” events on weekends.  In response, Mr. Grant indicated that such events were infrequently held as they were not financially viable.  He further confirmed that the upstairs lounge room to the establishment was unable to be used for such events as this was the location of the Club’s skittle alley.  The Environmental Health Officer’s attention then turned to the letter of objection received from a local resident who had cited that there were specific issues with noise emanating from the smoking area to the rear of the premises.  She indicated that in the event of the licence to vary activities at the establishment were to be granted, this nuisance would need to be managed in the future.  She was also pleased to hear from the Applicant’s representatives that it was not the Club’s intention to operate on a seven day a week basis, however, it was important that in the future staff were appropriately trained and that the use of the smoking area was appropriately supervised.  In response, Mr. Grant indicated that it was difficult to improve the smoking area given its physical limitations, however, they would look to plant trees in tubs with a view to providing a noise barrier to the rear of the smoking area.  Mrs. Kemp also indicated that it may be possible for the Club to introduce rules regarding the use of the smoking area and that Club patrons would be required to adhere to.  Mr. Grant also commented that the Club was unaware of any objection prior to and at the time of making the application and that the resident had not approached the Club regarding her concerns.  Mrs. Kemp indicated that staff would also be trained to ensure that patrons did not open the windows and to activate the ventilation fan when appropriate. 

 

Discussion ensued with the Chairman referring to the Applicant’s requirement for a seven day a week application and the appropriateness of restricting the same and the practicalities / implications of doing so.  The Licensing Officer referred to the difficulties of doing so given that sporting events dates could be changed by the company broadcasting the event.  Discussion also touched upon whether it would be more appropriate for the Applicant to apply for a Temporary Events Licence and the implications for the Applicant given the limitations attached to the same.  Mrs. Kemp reminded the Sub-Committee that the reason why the Club was applying on the basis of the information set out in the application was that there were a number of establishments in the vicinity of the Club which were operating similar arrangements.  In addition, she indicated that the Club was making significant financial losses and therefore, it was necessary for the Club to compete on a level playing field with other establishments in the local area. 

 

The Chairman asked all parties if they had any further questions or anything further to add and all parties indicated that they had no further questions, the Licensing Sub-Committee retired to consider the application in private.

 

On returning, the Chairman  confirmed that the application was for a variation of a Club Premises Licence at the Penarth Labour Club, 98/100 Glebe Street, Penarth, CF64 1ED.  The application was for the sale of alcohol: 23:00 hours to 02:00 hours seven days a week and Regulated Entertainment (Live and Recorded Music): 23:00 hours to 01:00 hours seven days a week.

 

He confirmed that representations had been received from Responsible Authorities which consisted of the Licensing Authority’s Environmental Health Department and Other Persons.  In delivering the decision of the Sub-Committee, the Chairman précised   the representations presented by the Applicant’s representatives, namely that the Applicant advised that the application was made to cover the provision of sporting events and whilst the hours were to be extended, it was not the intention of the Applicant to operate the Club to the terminal hours granted.

 

The Chairman advised that following consideration of the application, the representations of the Other Person, the Local Authority’s Environmental Health Department, and having considered the Home Office Guidance along with the Council’s Statement of Licensing Policy and also taking into account the Licensing Act 2003 as amended, in particular the Licensing Objectives, the Licensing Sub-Committee

 

RESOLVED – T H A T the application be granted and conditions modified that were consistent with the operating schedule in a way that it considered appropriate for the promotion of the Licensing Objectives.  Those conditions were to include the following: 

  • The provision of a door alarm to the door to the smoking area to the rear of the above premises.

Reason for decision

 

To ensure noise breakout and ventilation was appropriately managed by the Applicant.