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Agenda item
Determination of Premises Licence Application - Sports Ground Pavilion, Wattsville Recreational Ground, Islwyn Road South Lane, Wattsville, Crosskeys NP11 7QH
Minutes:
The Legal Advisor to the Sub Committee outlined the procedure for the meeting, including
the order of representations and the opportunities for all parties to ask
questions.
Mr
Lee Morgan (Licensing Manager) presented the report and outlined the
application submitted by Wattsville Community Group
for a new premises licence located at the Sports Ground Pavilion, Wattsville Recreational Ground, Islwyn Road South Lane, Wattsville, Crosskeys, which
sought to permit the following Licensable Activities:-
Supply of Alcohol
(on sales only)
Monday, Tuesday, Thursday and Friday, 19:00 to 23:00; Wednesday, 19.00
to 23.00;
Saturday, 12.00 to 23.00; Sunday, 12.00 to 20.00.
Recorded Music (indoor only)
Monday, Tuesday, Thursday and Friday, 19:00 to 23:00; Wednesday, 17.00
to 23.00; Saturday, 12.00 to 23.00; Sunday, 12.00 to 22.00.
A number of steps had also been volunteered by the applicant as part of
the Operating Schedule, to promote the Licensing Objectives, and were set out
in the report.
It was noted that during the consultation process, representations were
received from Gwent Police, Licensing Authority in their role as Responsible
Authority, Trading Standards and the Environmental Health Officer Noise Team,
who advocated conditions which were subsequently accepted by the applicant, and
were essentially satisfied with the applicant’s ability to promote the
Licensing Objectives. No representations
were received from the Fire Authority. Relevant
representations were also received from two households who were objecting to
the licence being granted, and full details were appended to the Officer’s
report.
Attention
was drawn to the local policy considerations as set out in the report and to
the way in which the Sub-Committee would deal with the application. Members were referred to
the recommendation set out in the Licensing Manager’s report, which recommended
that the application for a premises licence be granted subject to conditions,
given the lack of objections to the application from Responsible Authorities.
All parties present were afforded the opportunity
to ask questions of the Licensing Manager and representations were then invited
from the applicant, Mr Wayne Brinkley (representing Wattsville Community Group)
Mr Brinkley summarised the nature of the application
and explained that the licence had been applied for by the trustees of the Wattsville Community Group in order to allow them to hold
events at the pavilion, such as children’s parties and post-football functions
on Saturdays.
All parties present were afforded the opportunity
to ask questions, and representations were then invited from Responsible
Authorities.
PC Dan Allen confirmed that Gwent Police had made
representations as set out in the meeting papers, which would assist in the
promotion of the 4 Licensing Objectives, and that the applicant had agreed to
all conditions proposed by Gwent Police.
All parties present were afforded the opportunity
to ask questions, and PC Allen responded to a query from the local residents
present on the responsibilities of the licence holder in respect of customer
management.
Representations
were then invited from the Licensing Authority as a Responsible Authority. Mrs Annette Dicks (Assistant Licensing
Manager) confirmed that the Licensing Authority had advocated a number of
conditions as set out in the meeting papers to promote the Licensing
Objectives, in particular the prevention of public nuisance, and these conditions
had been agreed by the applicant.
There
were no questions received for the Licensing Authority and representations were
then invited from Trading Standards.
Mr
Tim Keohane (Senior Trading Standards Officer)
confirmed that Trading Standards had suggested the addition of conditions
relating to staff training to prevent underage sales in order to improve the
operating schedule and meet the Licensing Objective relating to the Prevention
of Children of Harm. It was noted that
these conditions had been accepted by the applicant and there were no questions
received for Trading Standards.
The
Sub Committee noted that Environmental Health had given apologies for the
meeting, and noted the details of their representation as set out in the
meeting papers
Representations
were then invited from local residents Mr and Mrs Latham, who summarised their
objections to the application, which included concerns around the potential for
loud music to be heard from the pavilion and possible anti-social behaviour as
a result of events held at the premises.
They explained that they had concerns around the management and control
of the premises and also had queries around the usage of the pavilion and the
number of days applied for.
Mr
Brinkley responded to the concerns raised by Mr and Mrs Latham and explained
that any music would usually be played through a CD player so should not be
audible from their property, and that for instances where a DJ was hired for
parties, the volume would be kept at a manageable level. He also confirmed that contact details for
the trustees would be made available via the community group’s Facebook page,
and offered to send the list to Mr and Mrs Latham following the meeting.
The
Licensing Manager highlighted the responsibility of the licence holder to
manage the premises in a suitable way and drew the Sub Committee’s attention to
the legislation surrounding the licensable activities and the avenues available
to concerned parties to mitigate any potential issues.
In response to queries from the Sub Committee, Mr
Brinkley confirmed that there would be 1 or 2 members of staff on duty for each
event and that CCTV had been installed at the premises.
The Sub Committee
also noted the written representation from another local resident as set out in
the meeting papers.
All parties were afforded the opportunity to sum up
before the Licensing and Gambling Sub Committee retired to make its
decision. The Licensing Manager,
Responsible Authorities, local residents and Mr Brinkley summarised their
representations to the Sub Committee.
The
Legal Advisor informed all parties present that the Sub Committee would retire
to consider the representations made at the meeting and they would be informed
in writing of the decision in the next 5 days.
The Sub Committee retired at 10.35 a.m. to
make its decision and all other parties left the meeting.
Following
consideration of the application for the grant of a new premises licence for
the Sports Ground Pavilion at Wattsville Recreational
Ground, Islwyn Road South Lane, Wattsville,
Crosskeys, and having regard to the Licensing
Manager’s report and all the representations made, the Licensing and Gambling
Sub Committee unanimously
RESOLVED
that the application be granted in accordance with the operating schedule set
out at section 1.3 of the Licensing Officer’s report and subject to the
conditions set out at section 1.10 of the Licensing Officer’s report. For ease of reference,
these are appended to the minutes.
In making their decision, the Sub Committee considered all four
Licensing Objectives, the Licensing Act 2003, revised Home Office Guidance and Caerphilly Council’s Licensing Policy.
The Sub Committee
gave weight to the lack of objection from any of the Responsible Authorities
and the proposed conditions appeared sufficient to the committee to address the
concerns touching on the prevention of crime and disorder, public safety,
prevention of public nuisance, and protection of children from harm. The Sub-Committee accepted that the proposed
conditions, based on the consultation between the Responsible Authorities and
the Applicant were proportionate.
The Sub Committee considered the written and
verbal submissions made on behalf of the objecting local residents. Whilst the Sub Committee accepted that the
various concerns raised are of importance to the residents, the majority of the
objections did not touch on the four pillars (prevention of crime and disorder,
public safety, prevention of public nuisance, and protection of children from
harm) which are pivotally relevant to determining the application. The Sub Committee took into consideration
that the licensable activities are a new use of the building subject of the
application and that concerns as to problematic behaviour is largely
speculative.
The Sub Committee were satisfied that the
conditions proposed within the report adequately safeguard the resident’s
concerns within the remit of the Licensing Act 2003. In reaching such decision the Sub-Committee
took into account the statutory guidance and Caerphilly County Borough
Council’s Licensing policy. The Sub
Committee were satisfied that any issues arising beyond the remit of the
Licensing Act 2003, which were a concern to the objecting residents, would be
adequately protected via other legislation, Council departments and the police.
The
decision notice advised that any person aggrieved by the decision had the right
to appeal to the local Magistrates Court within 21 days from the date of
written notification of the decision.
The
meeting closed at 11.10 a.m.
APPENDIX
Section 1.3 of
Licensing Report - Operating applicable to licence
·
Supply of Alcohol (on sales only)
Monday, Tuesday, Thursday and Friday, 19:00 to 23:00
Wednesday, 19.00 to 23.00
Saturday, 12.00 to 23.00
Sunday, 12.00 to 20.00
·
Recorded Music (indoor only)
Monday, Tuesday, Thursday and Friday, 19:00 to 23:00
Wednesday, 17.00 to 23.00
Saturday, 12.00 to 23.00
Sunday,
12.00 to 22.00
Section 1.10 of Licensing Report –
Conditions applicable to licence
- CCTV shall be in use at the premises.
Where a CCTV
system is to be installed, extended or replaced, it shall be to an appropriate
standard as agreed with the Licensing Authority in consultation with the
Police. Where a CCTV system is to be
installed, it shall be fully operational by the grant of the licence.
The CCTV equipment
shall be maintained in good working order and continually record when
licensable activity takes place;
The premises
licence holder shall ensure images from the CCTV are retained for a period of
31 days. This image retention period may
be reviewed as appropriate by the Licensing Authority;
The correct time
and date will be generated onto both the recording and the real time image
screen;
If the CCTV
equipment (including any mobile units in use at the premises) breaks down the
Premises Licence Holder shall ensure the designated premises supervisor, or in
his/her absence other responsible person, verbally informs the Licensing
Authority and the Police as soon as is reasonably practicable. This information shall be contemporaneously
recorded in the incident report register and shall include the time, date and
means this was done and to whom the information was reported. Equipment failures shall be repaired or
replaced as soon as is reasonably practicable and without undue delay. The Licensing Authority and the Police shall
be informed when faults are rectified;
- The premise licence holder shall ensure
that there are trained members of staff available during licensable hours
to be able to reproduce and download CCTV images into a removable format
at the request of any authorised officer of the Licensing Authority or a
constable;
- There shall be clear signage indicating
that CCTV equipment is in use and recording at the premises.
- An incident report logbook shall be held
at the premises at all times and shall be produced to an authorised
officer of the Licensing Authority or a constable immediately upon
request. It shall contain the
details of persons involved, incident description, time and date, actions
taken and final outcome of the situation.
- The premises supervisor, manager or
other competent person shall manage any outdoor area to ensure that
customers do not behave in a noisy, rowdy or offensive manner.
- Children must be accompanied by a
responsible adult.
- All children shall vacate the premises
by 22:00 hours & notices to be displayed to this effect.
- Should customers be outside the
premises causing congestion, loitering and/or causing Anti-Social
Behaviour they will be told move away from the vicinity. Notices will be displayed to this
effect.
- No bottles, cans or glasses are to be
taken outside & notices to be displayed to this effect.
- No waste or bottles should be moved to external areas between 23:00
and 08:00.
- All staff/members who serve alcohol to be
trained in the prevention of underage sales to a level commensurate with
their duties. All such training to
be updated as necessary, for instances when legislation changes, and
should include training on how to deal with difficult customers. The training should be clearly
documented and signed and dated by both the trainer and the member of
staff receiving it. The
documentation shall be available for inspection on request by an
authorised officer of the Licensing Authority or a constable.
- All staff with a responsibility for supplying or selling alcohol
shall be vigilant in preventing adults buying alcohol on behalf of persons
who are under 18 and will refuse such sales
where they suspect that this may be about to occur.
- The premises licence holder shall ensure that
an ‘incident / refusals’ logbook in a bound book is kept, in which full
details of all incidents are recorded.
This shall include details of any refused sales and shall give
details of the persons involved, incident description, time and date,
actions taken and final outcome of the situation. This shall be completed as soon as
possible and in any case no later than the close of business on the day of
the incident. The time and date
when the report was completed, and by whom, is to form part of the
entry. The logbook is to be kept on
the premises at all times and shall be produced to an authorised officer
of the Licensing Authority or a constable when required.
- The premises licence holder shall ensure
that measures are in place to ensure the removal of litter or waste from
customers and to prevent such litter from accumulating in the immediate
vicinity of the premises or neighbouring premises.
- The premises licence holder shall ensure
that a sufficient number of suitable receptacles are located in
appropriate locations for the depositing of waste.
Supporting documents:
- Licensing and Gambling Sub Committee Report, item 3. PDF 354 KB
- Appendix 1, item 3. PDF 225 KB
- Appendix 2, item 3. PDF 777 KB
- Appendix 3, item 3. PDF 183 KB
- Appendix 4, item 3. PDF 272 KB
- Appendix 5, item 3. PDF 24 KB
- Appendix 6, item 3. PDF 237 KB
- Appendix 7, item 3. PDF 141 KB
- Appendix 8, item 3. PDF 153 KB
- Appendix 9a, item 3. PDF 7 KB
- Appendix 9ai, item 3. PDF 140 KB
- Appendix 9b, item 3. PDF 114 KB
- Appendix 9bi, item 3. PDF 140 KB
- Appendix 9bii, item 3. PDF 233 KB
- Appendix 10, item 3. PDF 141 KB