Council and democracy > Agenda item

Agenda item

APPLICATION TO VARY A PREMISES LICENCE IN RESPECT OF THE MOAT HOUSE HOTEL, 30 LON-Y-LLYN, CAERPHILLY

Minutes:

The Chair opened the meeting and introductions were made.

 

            The Legal Advisor to the Sub Committee outlined the procedure for the meeting and reported that Members had previously familiarised themselves with the report of the Licensing Manager, the premises application and supporting documentation, together with the written representations of Responsible Authorities, and from local residents (as defined as Other Persons in accordance with the Licensing Act 2003) who were objecting to the application. 

 

            Mr Lee Morgan (Licensing Manager) presented the report and outlined the application submitted by the Moat House Hotel, 30 Lon-y-Lyn, Caerphilly, CF83 1BY, to vary a premises licence as follows:-

           

·         To change internal and external layout of the premises;

 

·         To add the patio/beer garden area and landscaped garden to the licensed area (as shown on the proposed premises plan reproduced as Appendix 2 of the report);

 

·         To extend the time of the following licensable activities on a Friday and Saturday night until 01.00 including Alcohol, Films (indoors only), Indoor Sporting Events, and Late Night Refreshment (indoors and outdoors);

 

·         Add the following licensable activities: Recorded Music, Live Music and Dancing Sunday to Thursday 10.00 to 00.00 and Friday and Saturday 10.00 to 01.00;

 

·         To remove non-standard timings currently on the licence regarding enhancement of hours on Friday and Saturday preceding Bank Holiday weekends;

 

·         To extend opening hours on Friday and Saturday until 01.30;

 

·         To remove or amend a number of conditions in Annex 2 of the premises licence and to remove references to the past (which would remove conditions currently in Annex 3);

 

·         To add the following conditions:

·         Children under the age of 16 are not permitted to enter the premises after

22.00 hours unless attending a pre-booked function or dining.

·         Staff to be trained in respect of underage sales on an annual basis and

such training records to be retained and made available for inspection by

the Licensing Authority and Police;

 

·         To permit premises to operate on seven days’ notice to the Police on the occasions of the broadcast of live sporting events of a national and international nature 

                       

The Sub Committee were referred to the representations received from Responsible Authorities, namely Gwent Police, Environmental Health and the Licensing Authority.  Child Protection had also made a representation, but following mediation with the applicant, agreement was reached relating to conditions in respect of Challenge 21.  Representations had also been received from Other Persons, comprising of a letter of objection from a local resident, a petition signed by 17 local residents, and a letter of objection from the local Neighbourhood Watch co-ordinator.  The concerns mainly related to the use of the outside area and the additional hours and activities.  Copies of the representations were attached to the report that was circulated with the agenda. 

 

Attention was drawn to the local policy considerations and national guidance as set out in the report and to the way in which the Sub Committee would deal with the application.  The Sub Committee must have regard to all the representations made and to the evidence heard, and take such steps as is considered necessary for the promotion of the licensing objectives.  Members were directed to the recommendation set out in the Licensing Manager’s report for the variation to be granted, subject to the conditions set out in Appendix 15 of the report.  The Sub Committee were reminded that this was purely a recommendation and that they should take into account all the information before them when making their decision.

 

            All parties present were afforded the opportunity to ask questions and representations were then invited from Responsible Authorities. 

 

PC Daniel Allen (Gwent Police) explained that his representation objected to the extended licensable hours in the external areas, on the grounds that all four Licensing Objectives would be undermined.  He had particular concerns regarding the likelihood of disturbance to nearby residential properties and the potential for patrons to congregate outside the premises.  PC Allen confirmed that the applicant had agreed to a number of suggested conditions but had not agreed to a condition to cease use of the outside licensed area 22.30 (save for access to the smoking area).  The premises had suggested an amendment to allow customers to maintain control over their drinks whilst in the smoking shelter.  Gwent Police did not support this amendment, as they believed it could increase the likelihood of a crowd gathering in the car park and disturbing neighbouring residents.

 

All parties present were afforded the opportunity to ask questions, and the Chair queried the timeframe for repair of CCTV equipment.  Ms Hazlewood (Applicant’s Solicitor) explained that Marston’s have a contract with a national supplier to remedy any problems in a maximum of 7 days (although this timeframe can be affected during adverse weather conditions).  The Chair expressed concern over this timeframe and the Licensing Manager explained that Gwent Police had not stipulated a required repair time in their conditions.  In response to a query from Ms Hazlewood, PC Allen confirmed that Gwent Police had been called out to the premises 13 times in 2018 alone.

 

Representations were then invited from Environmental Health (Pollution Control).

 

Mr Kristian Jennings (District Environmental Health Officer) outlined his representation which related to the Prevention of Public Nuisance Licensing Objective.  Environmental Health had concerns with the use of the outdoor drinking area by patrons after 22.30 and the subsequent noise impact on nearby residents.  They had proposed several noise limiting conditions to which the applicant had agreed.  However the applicant was not agreeable to a condition regarding use of the outside area after 22.30 and had suggested the same amendment offered to Gwent Police regarding use of the smoking shelter.  Mr Jennings explained that Environmental Health shared Gwent Police’s concern that use of the outside area after this time would lead to disturbance to nearby residents.

 

All parties were afforded the opportunity to ask questions and in response to a query from the Sub-Committee, Mr Jennings confirmed that he was unhappy with the application for a variation of the licence in its current format. 

 

Mr Rob Barnes (local Neighbourhood Watch co-ordinator) queried the practicalities of residents approaching the premises late at night to complain about noise levels.  He was advised that this would be a question for the applicant later in the hearing.  Mr Barnes then asked Mr Jennings for clarification on the protocol in dealing with noise complaints.  Mr Jennings explained that when Environmental Health receive a complaint, they will seek to determine whether the noise poses a statutory nuisance.  He explained that they carry out a subjective assessment but do not work to any set decibel limits.  If it is subsequently determined that a premises is causing a noise nuisance, then Environmental Health will examine the conditions of licence to see how the matter can be addressed.

 

Representations were then invited from the Licensing Authority.

 

Mrs Annette Dicks (Assistant Licensing Manager) explained that her representations related to all four Licensing Objectives.  She referred to the proximity of the premises to the nearby residential area, and explained that she had particular concerns regarding the addition of the beer garden to the licence.  The Licensing Authority were of the view that the applicant had failed to demonstrate suitable measures to control use of the external areas, and she shared the concerns of Gwent Police and Environmental Health regarding potential public nuisance to nearby residents.  The Licensing Authority also had concerns relating to the proposed sale of alcohol and late night refreshment until 1.00am on Friday and Saturday but felt that the conditions proposed by Environmental Health would assist in upholding the Licensing Objectives.  Ms Dicks also read out the suggested conditions from the Licensing Authority, including cessation of the outside licensed areas after 22.30,  limitations on the use of the smoking shelter after 22.30, non-amplification of music outside the premises, and a 30-minute wind-down period following the last supply of alcohol.

           

Mrs Dicks asked the applicant to outline the car park boundaries on the map, and these were confirmed by Ms Hazlewood. Ms Dicks explained that the Licensing Authority had no objection to the rewording of some conditions, but that she was not prepared to accept the amended condition proposed by the applicant for users of the smoking area to take their food and drink outside.  She reiterated that if this were allowed, then this could lead to patrons remaining outside for longer and congregating in the external areas after 22.30.

 

There were no questions for the Licensing Authority and representations were then invited from Other Persons.

 

Mr Rob Barnes (Neighbourhood Watch Area Co-ordinator for St Martins Estate) introduced the residents present and highlighted his objections to the application.  He acknowledged the recent improvements to the interior and exterior of the premises, and the quality of its staff and provision of services.  However, it was the view of residents that the variation could lead to an increase in crime and disorder, have a detrimental effect on house prices, and impact on the quality of life for local residents and their pets given the proximity of the premises to nearby residences.  The main objections related to the extension of hours and addition of licensable activities.  He explained that local residents have experienced problems with glassware thrown into their gardens and onto the adjacent road, resulting in a danger to public safety and damage to car tyres. 

 

Mr Barnes cited concerns regarding increased traffic around the site and parking problems in the area, explaining that the car park was inadequate and its exit leads onto a narrow residential road.  There were fears that increasing licensable hours could aggravate the problems experienced by residents later into the night, given that when patrons vacate the premises at midnight, this is often accompanied by incidences of shouting, swearing, singing and slamming of car doors.  There were also concerns surrounding the lighting of the premises and the potential for additional light pollution if the extended hours were granted.  In closing, Mr Barnes asked the Sub Committee to take the concerns and objections of residents into consideration.

 

All parties were afforded the opportunity to ask questions and in response to queries from the Sub Committee, Mr Barnes confirmed that he was not aware of any live music currently being played at the premises, and that when he had complained to Street Pride, they had responded proactively to clean up the litter and glass.  He confirmed that he had not approached the Moat House regarding the littering problems. 

 

The Sub Committee also asked if the car park was full when residents experience problems with parking on the road.  Mrs Judith Davies (local resident) explained that Moat House patrons park on the road even if the car park is empty, and can be parked for up to 4-5 hours.   She suggested that this could be due to patrons not wishing to be seen to be using their car after having a drink, and that these concerns had been raised with the police.  She explained that this happens on a regular basis, particularly around Thursday and Friday afternoons.  Mrs Davies also explained that two security lights from the car park shine directly into her lounge, causing light pollution, and although these had been adjusted following discussion with the premises, further adjustments would be beneficial.

 

The Chair sought further specifics on the locality and timings of the security lights and Ms Hazlewood explained that these are used to address areas of the car park where there is insufficient illumination.  One set have been readjusted and the lights shut off 30 minutes after the end of trading.  Ms Hazlewood acknowledged teething problems with the scope of lighting but explained that the premises would ask the contractor to re-attend to adjust the positioning of the lights, and offered to work with residents in this regard now they knew who was being affected.  Mrs Davies confirmed she was happy with this suggestion.

 

In response to a query from the Chair, Mr Barnes confirmed that he had spoken with the local PCSO regarding the concerns about parking on the main road by patrons. 

 

Mr Alan Stoves (local resident) was then invited to make his representations and explained that his concerns related to the extension of hours on Friday and Saturday nights.  He cited problems with people already drinking outside the premises, and glasses left outside overnight, and reiterated the issues with people leaving the premises in a noisy fashion.   There were concerns that the premises was becoming very similar to that of a nightclub and that this could devalue properties in the area.  He acknowledged the quality of the refurbishments undertaken but expressed concerns relating to the extension of hours.

 

There were no questions received and representations were then invited from Mrs Julie Lewis (local resident), who expressed support for the views of the other residents.  She also questioned the location of the smoking area, which now faces into the car park, and suggested this should be an emergency exit.  In response, Ms Hazlewood explained that a fire assessment had been drawn up to which the fire authority had raised no objection, and that there were a number of other exit and evacuation points throughout the building.

 

            Representations were then invited from the applicant, Marston’s PLC.

 

            Ms Michelle Hazlewood (John Gaunt and Partners Solicitors) spoke on behalf of her client and acknowledged the quantity of information already received during the course of the meeting.  She highlighted the context of the application and the nature of the premises in that it is a community pub, and expressed concern that the issues raised were more akin to that of a premises review.  Ms Hazlewood referred to the number of Marston’s premises across the county borough, which all have similar operating hours and conditions, and outlined their record of transforming premises in need of investment and repair.  She explained that following acquisition of the premises by Marston’s, £300k of investment had taken place to transform the Moat House into a community family pub.  The application to vary the premises licence had been made to complement the new services on offer and refresh a number of out-of-date conditions.  She referred to the work that had been undertaken with the Responsible Authorities to produce a full set of workable conditions, and was of the view that there were very few issues that had not been addressed.

 

            Ms Hazlewood circulated copies of the revised conditions in order to demonstrate the level of consensus following mediation with the Responsible Authorities.  The Sub Committee read through the revised conditions and asked Ms Dicks for her interpretation of the alternative condition.  Ms Dicks referred to the representations from the Licensing Authority and Gwent Police which stated that no food or drink was to be brought to the smoking area after 22.30, and reiterated concerns that patrons would remain in this area if the area was not purely designated for smoking, and also that limiting use of this area to 10 persons would be very difficult for staff to monitor.

 

In response, Ms Hazlewood referred to the demolition of the old smoking shelter and the more pleasing aesthetic of the new smoking area.  She referred to the reluctance of patrons to leave their drinks inside the premises whilst they use the smoking area, for fear that drinks could be taken away or be subject to spiking.  She confirmed that the premises were happy to cease use of the beer garden after 22.30, but that they wished to allow patrons to take their drinks with them while using the smoking area.  They were not seeking to allow food to be taken outside after 22.30.  Ms Hazlewood also confirmed that an additional CCTV camera had been installed to monitor the smoking area.  In response to a query from the Chair, she confirmed that there are no tables or chairs in this area and that Marston’s are looking to place some planters to delineate the area.

 

Ms Hazlewood outlined the parking areas at the premises and responded to the residents’ concerns surrounding parking issues.  She referred to a nearby industrial estate and stated that the DPS had noticed factory workers parking at the Moat House and on the residential road in order to avoid queuing around shift changeover periods.  The Chair asked if this could account for the instances of where cars are left for 4-5 hours and Ms Hazlewood confirmed that this is a likely scenario.   She confirmed that the DPS had been in touch with Gwent Police but that they are unable to take action unless there is damage to a vehicle.

 

In summation, Ms Hazlewood asked residents to be mindful that the parking problems are not solely due to patrons, and referred to the positive reconfiguration of the smoking area and the diligence of the DPS in removing glassware at the end of the night in order to ascertain if glass is then migrating from elsewhere.  She also highlighted the wish of Marston’s to operate the premises in a positive manner. 

           

Ms Hazlewood explained that Marston’s were merely seeking to allow consumption of alcohol in the smoking shelter after 22.30 and suggested that consumption should not be regarded as a licensable activity.  Therefore Marston’s had suggested the alternative wording “and use for consumption” in the revised condition.  The Chair sought the views of the Responsible Authorities, and Ms Dicks confirmed that the Licensing Authority would not find this acceptable.  PC Allen expressed concern over the small size of the shelter (1m x 1m) and the potential for patrons to overflow into the car park with their drinks.

 

The Sub Committee asked if Marston’s could implement a parking charge to be refunded once food is ordered at the premises, in order to eliminate problems with use of the car park.  Ms Hazlewood confirmed that this had been trialled in other establishments but had proved unpopular so had been discontinued.

 

Discussion took place regarding the size of the smoking shelter and the proposed maximum of 10 users.  Ms Hazlewood offered to negotiate a smaller number if required.  The Chair queried the standard of shelter size required by Licensing.  The Licensing Manager confirmed that each shelter is premises-specific with no universal standard.

 

Mrs Davies (local resident) addressed the Sub Committee and explained that she disagreed with a number of the points raised by Ms Hazlewood.  She felt that the Moat House is not similar to other premises in the area as these are not in such close proximity to local residences.  She explained that she had been in touch with Neighbourhood Watch regarding factory workers parking on the main road, who are unable to stop this from happening, but reiterated her concerns that this parking is due to patrons who are in the Moat House for several hours.  She added that in choosing not to use the premises car park, they are restricting the use of a very narrow pavement.  Mrs Davies acknowledged the improvements made to the premises but reiterated this should not be regarded as a like for like situation with other premises in the area.

           

Ms Hazlewood referred to the hours of operation applied for and explained that this is mainly for use around bank holidays and festive periods and to eliminate the extensive non-standard timings on the licence.  She explained that it is not the intention of the premises to open to 01.00 every Friday and Saturday or use for regular regulated entertainment, and rather the premises is looking to host quiz nights and charity auctions without the need to apply for a Temporary Events Notice.  She explained that the extended hours of licence would assist in dispersal and prevent public nuisance, and asked that should the variation not be granted, the premises be allowed to retain its existing non-standard timings.

 

Ms Hazlewood referred to the other conditions and the level of agreement reached with the Responsible Authorities.  She explained that the only other issue related to the 30minute wind-down period which was not required due to the extended timings.  She highlighted the Challenge 21 policy in operation and the training given to staff, and the operational changes made to the premises, for which the benefits were already being seen.  She referred to the reconfiguration of the smoking shelter and the steps being undertaken to resolve the lighting issue, and emphasised Marston’s wish to proactively improve the licensed premises to fit into the community.

 

The Sub Committee referred to live music and queried whether this would increase if a variation was granted.  Mr Cooper (Marston’s Area Representative) explained that it was not the intention to have rock bands on a regular basis, and that such entertainment would be more likely to have a community angle with performances from local choirs.  He explained that he visits the premises every 3-4 weeks and meets with the DPS and manager to ensure that the premises meets Marston’s national standards.

 

The Sub Committee asked if the premises had considered the use of plastic drinking vessels.  Ms Hazlewood confirmed that these are occasionally used during bank holidays and that a risk assessment is carried out during high-risk weekends to determine if these are needed.  However, the premises already uses toughened glassware which conforms to EU and BSI standards and will shatter into small crystals (instead of shards) if broken.

 

Mr Barnes welcomed the vigilance of Mr Cooper in monitoring the premises and asked if he could liaise with Mr Cooper following the hearing to hold catch up meetings and raise any issues from residents.  Mr Cooper confirmed that he was agreeable to this suggestion and also explained that it is common practice for Area Managers to attend residents’ meetings if he could be provided with this information.

 

All parties were then afforded the opportunity to sum up before the Licensing and Gambling Sub Committee retired to make its decision. 

 

The Licensing Manager highlighted the range of information presented during the course of the meeting and referred the Sub Committee to the considerations set out in the report requiring determination.

 

PC Allen confirmed that he was happy with the mediation but did not support the use of the outside areas beyond 22.30 hours.

 

Mrs Dicks confirmed that she had nothing to add to the rewording of conditions, save for use of the outside area and the taking out of food of drink.  She referred to the lack of delineation between the smoking area and car park and reiterated that the Licensing Authority were seeking cessation of the outside area after 22.30 as consumption and closing times are not licensable activities.

 

Environmental Health and Other Persons confirmed they had nothing further to add.

 

Ms Hazlewood highlighted to the Sub Committee that agreement had been reached on most matters except the licensable hours to 01.00, and that the concerns in the main had been addressed.  She referenced a lack of evidence surrounding residents’ concerns and explained that there had been no problems historically when patrons were allowed to congregate in front of the old smoking shelter after 22.30.  She reiterated her offer to reduce the numbers using the smoking shelter to 5 people and of the delineation that would be put in place.  She also asked that patrons be allowed to retain their drinks as they were historically allowed to with the old shelter, and explained that having to abandon drinks can cause issues and lead to patrons drinking up faster.  She reiterated Marston’s desire for the premises to be a relaxed community environment and for a compromise to be reached to accommodate both residents and patrons.  In closing, Ms Hazlewood explained that there had been no problems with the previous arrangements regarding external drinking areas and that there was no indication that the Licensing Objectives would be put at risk.

 

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 Chair thanked all parties for their attendance and the Sub Committee retired at 12.10 p.m. to make its decision.

 

Following consideration of the application to vary the premises licence for the Moat House Hotel, 30 Lon-y-Llyn, Caerphilly, and having regard to the Licensing Manager’s report and all the representations made, the Licensing and Gambling Sub Committee unanimously RESOLVED that the following variations be granted for the licence:-

 

1)         To change internal and external layout of the premises in accordance with the application;

 

2)         To add the patio/ beer garden area and landscaped garden to the licenced area (as shown on the proposed premises plan set out in the application);

 

3)         To extend the time of the following licensable activities on a Friday and Saturday evening until 01.00 including Alcohol, Films (indoors only), Indoor Sporting Events, and Late Night Refreshment (indoors and outdoors);

 

4)         Add the following licensable activities: Recorded Music, Live Music and Dancing Sunday to Thursday 10.00 to 00.00 and Friday and Saturday 10.00 to 01.00;

 

5)         To remove non-standard timings currently on the licence regarding enhancement of hours on Friday and Saturday preceding Bank Holiday weekends;

 

6)         To extend opening hours on Friday and Saturday until 01.30;

           

7)         To remove or amend the following conditions as currently in Annex 2 of the premises licence and to remove references to the past (which would remove conditions currently in Annex 3):-

 

·               Remove – “Voluntary closure policy for the premises is 30 minutes after the approved closure time for the supply of alcohol”;

·               Amend – “The pub manager is required to actively participate in and support the Local Pubwatch Scheme” to read – “The Designated Premises Supervisor will actively participate and support local Pubwatch schemes as long as the same exist”

·               Remove – “Toughened glass is currently in use and will continue to be used during any additional hours”

·               Remove – “There will be no promotions that encourage illegal, irresponsible or immoderate consumption”.

 

8)         Add the licensing conditions as set out in 15 of the Licensing Manager’s report (and appended to these minutes), save for paragraph 11 which will be amended to read:-

 

·               “Persons using the smoking shelter after 22.30 hours will not be permitted to take food or drink outside, and notices to this effect shall be displayed in suitable locations.  Those persons present in the smoking shelter beyond 22.30 hours shall be limited to 10 persons at any one time”.

 

And the additional condition which shall read:-

 

·               “To permit premises to operate on seven days’ notice to the Police on the occasions of the broadcast of live sporting events of a national and international nature ”.

 

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 were satisfied that the proposed conditions ensured that the four Licensing Objectives would be promoted and that granting the licence variation would not undermine these objectives.

 

The Sub Committee noted the concerns raised by local residents regarding noise, parking and anti-social behaviour but were satisfied that the proposed conditions were sufficient to address any concerns.  The Sub Committee gave weight to the close proximity of the premises to nearby houses and the agreed limitation on the use of the external beer garden(s) beyond 22.30, and made the decision to restrict patrons taking food and drink into the smoking shelter beyond 22.30 hours.  The Sub Committee formed the view that not to do so, in this instance, would create an unacceptable risk that congregations of patrons would form outside the building beyond 22.30 hours that was likely to create noise disturbance to neighbouring residents.  The Sub Committee formed the view that such restriction is proportionate given the low number of patrons that would be adversely affected based on the Applicant’s submissions.

 

The issue of parking was not relevant to the four Licensing Objectives.  Therefore the Sub Committee did not take this into account but welcomed the fact that the applicant was willing to discuss this with the residents separately.  Similarly, the Sub Committee welcomed the applicant’s willingness to devise a solution for residents in regards to the car park security lighting.  Overall, the Sub Committee were satisfied that the conditions of the licence will promote the Licensing Objectives.

 

The decision notice advised any person aggrieved by the decision of their right to appeal to the local Magistrates Court within 21 days from the date of written notification of the decision.

 

 

The Chair declared the meeting closed at 1.30 p.m.

           

 


 

APPENDIX

 

Moat House Hotel

 

Proposed Conditions

 

1.         The Designated Premises Supervisor will actively participate and support local Pubwatch schemes as long as the same exist

2.         Managers are required to liaise with local neighbours and resolve any

concerns

3.         No adult entertainment is permitted at the premises

4.         Children under the age of 16 are not permitted to enter the premises after

22:00 hours unless attending a pre-booked function or dining

5.         All staff to be trained in the prevention of underage sales to a level commensurate with their duties. All such training to be updated on an annual basis, or 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.

6.         a) An approved proof of age scheme shall be adopted, implemented and

advertised within the premises namely ‘Challenge 21’ whereby an accepted

form of photographic identification shall be requested before any alcohol is

sold to any person who appears to be under 21 years of age. Acceptable

proof of age shall include identification bearing the customers photograph,

date of birth and integral holographic mark or security measure. Suitable

means of identification would include PASS approved proof of age, photocard

driving licence and passport.

b) Publicity materials notifying customers of the operation of the Challenge 21

scheme shall be displayed at the premises, including a Challenge 21 sign of

at least A5 size at the entrance to the premises and where practicable at each

point of sale.

7.         Clear notices must be displayed at all points where customers leave the

building instructing them to respect the needs of local residents and leave the

premises and the area quietly.

8.         The use of the outside licensed area of the premises is not permitted after

22:30 hours. Other than access solely for the use of the smoking area.

Adequate notices shall be displayed in appropriate locations to ensure that

this information is brought to the attention of patrons.

9.         CCTV cameras shall monitor all areas used by premise patrons including any

external area to monitor numbers and prevent crime and disorder

10.       CCTV shall be in use at the premises.

i)          Existing CCTV should be extended to allow sufficient cover inside and

outside the premises where the public have access. It shall be fully

operational by the day the licence is granted.

ii)         The CCTV equipment shall be maintained in good working order and

continually record when licensable activity takes place and for a period

of two hours afterwards;

iii)         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

iv)        The correct time and date will be generated onto both the recording

and the real time image screen;

v)         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 to whom the

information was reported.

vi)        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;

vii)        There shall be clear signage indicating that CCTV equipment is in use

and recording at the premises during licensable hours.

11.       Persons using the smoking shelter after 22:30 hours will not be permitted to

take food or drink outside, and notices to this effect shall be displayed at

suitable locations

12.       The premises supervisor, manager or other competent person shall manage

the outdoors areas to ensure that customers do not behave in a noisy, rowdy

or offensive manner, and measure are put in place for staff to monitor the

external areas on a regular basis

13.       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

14.       No speakers for amplification of music shall be placed on the outside of the

premises or on the outside of any building forming part of the premises

15.       Children under the age of sixteen must be accompanied by a responsible

adult

16.       The premises shall be cleared of customers within 30 minutes of the last

supply of alcohol on any day

17.       Amplified music shall not be played at a level that will cause unreasonable

disturbance to the occupants of any properties in the vicinity

18.       Except for access and egress all doors and windows shall be kept closed

during periods of entertainment associated with the Premises Licence

19.       The manager, licence holder or other competent person shall carry out

observations at the boundary perimeter during the periods of

amplified/unamplified recorded entertainment at regular intervals whilst the

Premises Licence is being exercised, in order to establish whether there is a

noise breakout from the premises. If the observations reveals noise breakout

at a level likely to cause disturbance to the occupants of properties in the

vicinity then the volume of music shall be reduced to a level that does not

cause disturbance

a.         A record of such observations shall be kept in a book for that purpose,

such a book shall be completed immediately after the observation detailing the time, location and duration of the observation, the level of noise breakout and any action taken to reduce noise breakout. Such book to be made available at all times upon request to an authorised officer of the Licensing Authority or a constable.

 

Supporting documents: