Connect to us on social media and join in the conversation
Agenda item
APPLICATION FOR A NEW PREMISES LICENCE IN RESPECT OF VALLEY TAVERN, 15 HIGH STREET, FLEUR DE LYS, BLACKWOOD
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 Valley Tavern, 15 High
Street, Fleur de Lys, for a new premises licence which sought to permit the
following licensable activities:-
Supply of Alcohol (on sales only)
·
Sunday to Thursday inclusive, 11:00 to 00:00
·
Friday and Saturday, 11:00 to 01:00 the following
morning
·
New Years Eve and Boxing Day 11:00 to 01:00 the
following morning
·
On days where live sporting events are broadcast,
hours will be 00:01 to 00:00
Late Night Refreshment (indoors only)
·
Sunday to Thursday inclusive, 23:00 to 00:00
·
Friday and Saturday, 23:00 to 01:00
Performance of Dance (indoors only)
·
Monday to Thursday inclusive, 10:00 to 23:00
·
Friday to Sunday inclusive, 10:00 to 00:00
Recorded Music (indoors only)
·
Monday to Thursday inclusive, 10:00 to 23:00
·
Friday to Sunday inclusive, 10:00 to 00:00
Live Music (indoors only)
·
Monday to Thursday inclusive, 10:00 to 23:00
·
Friday to Sunday inclusive, 10:00 to 00:00
Boxing and Wrestling entertainments (indoors only)
·
Monday to Thursday inclusive, 10:00 to 23:00
·
Friday to Sunday inclusive, 10:00 to 00:00
Films (indoors only)
·
Monday to Thursday inclusive, 10:00 to 23:00
·
Friday to Sunday inclusive, 10:00 to 00:00
It was noted that
the premises had previously operated as the James Club (license surrendered in
January 2017) and that the applicant has operated under and applied for
Temporary Event Notices which permit them to provide the sale and supply of
alcohol for dates between 1st February to 19th February 2019.
The Sub Committee
were referred to the representations received in relation to the application
and it was noted that Trading Standards, Gwent Police, the Health and Safety
Team, Social Services and the Health Board had indicated they did not wish to
make representations in respect of the application. Representations were received from the
Licensing Authority and Environmental Health and were set out in the Licensing
Manager’s report, together with representations from Other Persons, comprising
of objections from four local residents and 3 letters in support of the
application from local businesses.
Copies of the representations were attached to the report that was circulated
with the agenda. As Environmental
Health had given apologies for the meeting, it was explained that Mrs Annette
Dicks (representing the Licensing Authority) would present these
representations on their behalf.
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. It was explained that 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 premises
licence to be granted, subject to the conditions set out in Appendix 10 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.
Mrs Annette Dicks (Assistant Licensing Manager) presented the
representation from Environmental Health, which had been made on the grounds
that the Prevention of Public Nuisance Licensing Objective could be
undermined. The Responsible Authority
were of the view that the premises had the potential to cause a public nuisance
due to use of the rear beer garden. For
this reason, they recommended that conditions be added to any licence granted
to reduce the impact of the public house upon the nearby residential area and
the occupants of the flats above the premises.
Mrs Dicks explained to the Sub Committee that these conditions would be
sufficient to allay the concerns of Environmental Health. Anyone with further concerns were encouraged
Environmental Health.
Mrs Dicks then
presented the representation from the Licensing Authority, which related to the
Prevention of Public Nuisance Licensing Objective. The representation suggested that due to the
proximity to residential properties, the operating schedule of the licence
should include further conditions that reflect the needs of local residents,
and that the proposed condition relating to the use of the outside area be
amended to restrict the consumption of food after 22.00 hours. Mrs
Dicks also referred to suggested conditions from the Licensing Authority, that
were similar in nature to Environmental Health, and included management of
outdoor areas and non-amplification of music outside the premises.
Mrs Dicks confirmed that she had visited the premises and spoken to the
applicant, who had accepted the conditions proposed by both Environmental
Health and the Licensing Authority.
.
All parties present
were afforded the opportunity to ask questions, and in referring to the
condition proposed by the Licensing Authority in relation to the level of
amplified music, the Sub Committee sought clarification on the classification
of “unreasonable disturbance” and if this includes music above a certain
decibel level. Mrs Dicks explained that
it would be for Environmental Health (and not the Licensing Authority) to give
a definitive response to these queries.
However, any concerns could be reported to Environmental Health who
would then initiate the relevant protocol to investigate the complaint.
The Sub Committee
expressed disappointment that Environmental Health were not present to provide
clarity on any technical queries, but accepted the fact that the applicant had
agreed to the conditions proposed in the representation from this Responsible
Authority.
Representations were then invited from Other
Persons.
Mr Gough (local
resident) expressed concerns arising from a large number of smokers outside the
premises, which has resulted in crowding around the entrance door, congestion
of the pavement and cigarette-related litter.
He raised concerns around 24-hour opening when live sporting events are
held, and the disturbance that could be potentially experienced by local
residents as a result of noise nuisance and traffic from the premises during
anti-social hours. He also raised a
query regarding the serving of food at the premises.
There were no questions
received and Mrs Scanlan (local resident) was then invited to make her
representations. Mrs Scanlan explained
that she had questions around security at the premises and whether they would
be present at specific times. She expressed
concerns over the locality of the premises in that it sits next door to a
sheltered accommodation complex and asked how the premises could be marketing
themselves as a family pub when they are seeking 24-hour opening. Mr Scanlan also addressed the Sub Committee
and asked if the premises was air-conditioned, explaining that the former James
Club used to open the doors when the temperature rose in the building.
All parties present were afforded the
opportunity to ask questions, and the Sub Committee asked how long the premises
had been open when it was known as the James Club. Mr Scanlan explained that it had been open
5-6 times and had been a club for a long period of time.
Representations were then invited from the
applicant, Valley Tavern.
Mr Nathan Jenkins and Mr Gareth Morris
(Valley Tavern) addressed the Sub Committee and responded to a number of the
observations and queries raised during the course of the hearing. They referred to the smoking area at the rear
of the premises and of the signage reminding patrons to be mindful of nearby
residences. The applicants explained that the premises originally had a parking
area to the front but a planning application has now been submitted to build a
café extension in its place. It was
acknowledged that the opening night had been exceptionally busy with crowding
at the front entrance owing to a large number of smokers outside, but measures
would be put in place to reduce any repeat incidences. This includes staff training to ensure that
any patrons wishing to smoke are directed through to the rear of the premises.
The applicants explained that with regard to sporting events, it can be
difficult to predict in advance how many events will be shown on weekends, but
that the purpose of the 24-hour application was to allow for special events to
be shown (such as the Rugby World Cup and British Lions tour). The premises also intended to host a number
of non-regular events as part of their sponsorship of a local company. The applicants explained that the beer garden
is located to the rear of the premises through two sets of doors which act as a
noise buffer. They added that there have
been no incidences of windows being open whilst the premises was operating
under a Temporary Events Notice.
The applicants
sought clarification on the query regarding the serving of food and Mr Gough
explained that this related to the café sited at the premises. The applicants explained that they were not
serving food at the moment, although
it was their ambition to do so in the long term, and that the building of the
extension for the café has been halted until planning permission is
determined. Clarification was sought on
the relevance of the question and the Licensing Manager explained that the list
of conditions proposed by the Licensing Department included a reference to the
serving of food, in that the condition would prohibit food or beverages from
being taken outside to the beer garden after 22.00.
The Legal Advisor
to the Sub Committee referred to the proposed condition requiring doors and
windows to be kept closed to reduce noise impact, and asked if recorded music
is played at the premises. The
applicants confirmed that a jukebox is in operation. The Legal Advisor queried how the premises
planned to enforce this condition in the summer months during hot weather, and
the applicants explained that they may look into installing an air conditioning
system.
Discussion took
place regarding crowd management measures at the premises and the applicants
confirmed that it was their intention to employ qualified door staff, and that
signage was in place to direct patrons to the appropriate exit. The Legal Advisor asked if “no smoking” signs
had been put up at the front entrance and the applicants explained that this
could not be done until the rendering to the walls is complete.
The Sub Committee
sought clarification from Licensing on the requirements and expectations in
respect of 24-hour opening. The
Licensing Manager explained that there is nothing to prevent the applicant
opening for the hours applied for, but if complaints were received by the
Council, then there could be grounds to hold a premises review. It was highlighted that no objections had
been received from Responsible Authorities in respect of 24-hour opening and no
adverse comments had been received concerning an increase in crime and
disorder. In response to a query from
the Chair, the Licensing Manager explained that a condition can be placed on
the premises requiring the applicant to notify the Licensing Authority and
Police of any planned 24-hour openings, although no such condition had been
proposed on this occasion.
The Sub Committee
queried the frequency of events held in the early hours (such as live boxing
fixtures). The applicants confirmed that
two events were held in 2018, and that the demand for any such event need to be
weighed up against the cost of opening up and staffing the premises for each
fixture.
Members raised a
number of queries regarding the use of door staff at the premises. The applicants explained that they are only
used during busier periods, and the role had been previously filled from the
pool of existing staff. However, the
premises intends to recruit two designated SIA staff to cover the front door
during future events. They will also be
asked to monitor the use of the back door leading to the smoking area, which will be supported by the other staff at
the premises. It was confirmed that on a
normal Saturday night when no events are taking place, there are between 6 and
8 staff on duty who rotate door cover as part of their duties. Assurances were given that all staff would
receive the proper training in relation to door control.
In response to
queries from the Sub Committee, the applicants confirmed that it was their
intention to install air conditioning in the future. The Sub Committee asked why the café was not
on the plans and were advised by the Licensing Manager that this is because it
does not form part of the premises application.
Discussion took
place regarding the CCTV system, and the applicant confirmed the number of
cameras and their positioning throughout the premises, including the main
entrance and smoking area. It was noted that these cameras are motion-activated
in the event of a break-in. Mr Scanlan
asked if these are monitored on a 24-hour basis and the applicant explained
that this is not the case, but that the footage can be reviewed afterwards, and
that there will be a CCTV screen behind the bar to allow staff to view live
images (which will include a feed to the smoking area). Mr Scanlan expressed a need for someone to be
continually watching the screen. The
Licensing Manager highlighted the proposed condition relating to the operation
of CCTV at the premises, and which sets out the requirement for CCTV cameras to
monitor all areas used by patrons and to retain footage for 31 days with staff
available to review the footage. In the
event of any incidents at the premises, the police and Licensing Authority
would have powers to check the footage which could then be used as evidence in
any subsequent investigation.
All parties were then afforded the
opportunity to sum up before the Licensing and Gambling Sub Committee retired
to make its decision.
Mrs Dicks reiterated the points made in her
earlier submissions and referred to the list of conditions proposed by the
Licensing Authority and agreed by the applicant, which would assist in
upholding the Prevention of Public Nuisance Licensing Objective.
Mr Gough referred
to the potential for noise nuisance from the beer garden and sought
clarification on the location of the inner and outer sets of doors at the
premises. The applicant explained that
these are located at the front and rear of the premises and act as a vacuum to
restrict any escape of noise. Mr Gough
explained that he could only see one set of doors on the plan and asked to
visit the premises to get a better indication of the layout.
Mr and Mrs Scanlan
emphasised their reservations over 24-hour opening and the reasons why the
premises had applied for this, given the stated infrequency of any late-night
events.
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 12.10 p.m. to make its decision and all
other parties left the meeting.
Following consideration of the application and having regard to the
Licensing Officer’s report and all the representations made, the Licensing and
Gambling Sub Committee unanimously RESOLVED that the application for a new
premises licence in respect of Valley Tavern, 15 High Street, Fleur De Lys, be
granted subject to the conditions contained in Appendix 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 were of the view
that the concerns raised by the Responsible Authorities and the Interested
Parties, both in writing and in person at the hearing, could be adequately
addressed with the conditions proposed by the Responsible Authorities, and
accepted by the Applicant, which were attached to the decision notice.
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 Chair declared the meeting closed at 12.30 p.m.
APPENDIX
Licensing
Officer’s Report – Appendix 10
Proposed Conditions
1.
CCTV
shall be in use at the premises.
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;
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 24 hours
a day.
2.
CCTV
cameras shall monitor all areas used by premise patrons including any external
smoking area to monitor numbers and prevent crime and disorder.
3.
There shall be no consumption of beverages in any outside
areas/specific after 22.00 hours. Adequate notices shall be displayed to
inform patrons of this requirement.
4.
Careful
consideration should be given as the circumstances in which these conditions
may be pertinent i.e. main use cinema or video juke boxes in pubs and clubs.
No film shall be exhibited unless –
it
has received a ‘U’, ‘PG’, ‘12A’, ‘15’ or ‘18’ certificate of the British Board
of Film Classifications; or
it
is a current newsreel, which has not been submitted to the British Board of
Film Classification;
no
film classified as R18 may be exhibited in these premises.
No
person apparently under the age of eighteen years shall be admitted to any
exhibition at which there is to be shown any film, which has received, a ‘18’
certificate from the British Board of Film Classification. In such
circumstances a “Challenge 25” policy should be adhered to and valid proof of
age required before admittance.
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 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.
6.
An
approved proof of age scheme shall be adopted, implemented and advertised
within the premise such as ‘Challenge 25’ whereby an accepted form of
photographic identification shall be requested before any alcohol is sold to
any person who appears to be under 25 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 card, photo-card
driving licence and passport.
7.
The
premises licence holder shall required the designated premises supervisor, or
in his / her absence other responsible person, to keep an ‘incident / refusals’
logbook in a bound book 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.
8.
All
windows and doors to be kept closed to reduce noise impact at neighbouring
properties other than when the doors are being used for loading and unloading
and for the use of entering and leaving the premises. NOTE This condition shall
not prejudice the minimum ventilation levels for health and safety and access
to emergency exits shall not be compromised.
9.
No speakers for amplification of music shall be
placed on the outside of the premises or on the outside of any building forming
a part of the premises. and
are not positioned near openings such as doors or windows.
10.
The
volume of amplified/unamplified live and recorded regulated entertainment must
be at a level so as not to cause a nuisance at the nearest residential
property.
11.
During
times of amplified/unamplified live and recorded regulated entertainment is
taking place, staff shall make regular patrols in the immediate vicinity to
ensure noise nuisance does not occur at the nearest residential property.
12. The premises supervisor, manager or other competent person shall manage
the outdoor areas to ensure that customers do not behave in a noisy, rowdy or
offensive manner, and measures are put in place for staff to monitor the
external areas on a regular basis.
13. There shall be no consumption of food or beverages in any outside areas
after 22.00 hours. Adequate notices
shall be displayed in appropriate locations to ensure that this information is
brought to the attention of patrons.
14.
The
use of the beer garden of the premises is not permitted after 22.00 other than
for the provision of a designated smoking area.
15.
The
designated smoking area, as referred to in condition 6 shall not exceed the
capacity of 10 persons at any one time after post 22.00.
16. Activities relating to the onsite disposal (including placing into
external receptacles) and collection of refuse, bottles and recyclable
materials shall only take place between 07.00 and 22.00 hours
17.
Licence
holder to display prominent, clear and legible notices at all exits requesting
patrons to respect the needs of local residents and to leave the premises and
the area quietly.
18.
All
lighting for external areas of the premises must be aimed so the beam does not
cause nuisance to the surrounding residential areas.
19.
All
external lighting must be turned off when no longer required.
Supporting documents: