Agenda item
CLUB DB Ltd, 318 Stryd Fawr, Bangor
To consider the above application
Minutes:
1.
Club DB, 318, High Street, Bangor
The panel and the officers were introduced to everyone present.
On behalf of the premises: Mr Peter Hennessey - applicant
Others invited: Mr
Ian Williams (Anglesey and Gwynedd Licensing Coordinator, North
Wales Police)
a)
The report and recommendation
of the Licensing Department.
Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Club
DB, 318 High Street,
Bangor. The applicant’s intention
was to add to the licensed activities by showing films, plays or hold dance performances
at the premises.
·
The
request was to extend the opening hours of the premises to 02:30 on Friday and
Saturday nights;
·
stage
live music and recorded music for an additional hour, up to 02:30 on Friday and
Saturday evenings, with an additional half hour, up to 02:00 for the rest of
the week;
·
extend
the hours for selling alcohol by three quarters of an hour to 02:15 on Friday
and Saturday evenings;
·
additional
half hour on Bank Holiday Sundays, and up to 05:30 on New Year’s Eve.
Attention was drawn to the proposed hours in the report. It was noted that the Licensing Authority Officers had sufficient evidence that the application had been submitted in accordance
with the requirements of
the Licensing Act 2003 and
the relevant regulations.
Reference was made to measures recommended by the applicant to promote the licensing objectives along with the responses that were received
during the consultation period.
It was noted that one
letter of objection had been received and one e-mail from North Wales Police
recommending conditions to be included on the licence. The observations were made in relation to
two of the licensing objectives - Preventing Crime and Disorder and Preventing
Public Nuisance.
b)
In considering the application, the following procedure was followed:
· Members of the Sub-committee and the applicant were given an opportunity
to ask questions to the Licensing Manager.
· The applicant was invited to expand on the application.
· Consultees were given an
opportunity to submit their observations.
· The licensee, or his representative,
was invited to respond to
the observations.
· Members of the Sub-committee were given an opportunity
to ask questions to the licensee.
· Members of the Sub-committee were given an opportunity
to ask questions to the consultees.
c)
In expanding on the application, the applicant noted that he
was happy with what had been submitted
and added the following observations:
· That he had cooperated with the Police to ensure that the business ran smoothly
· That he was ready to cooperate with the local community
· That he employed local
people
· The premises was a former commercial building
· There was a need for the additional
hours as these hours would make
the business viable.
In response to the objection that the 'business was in a residential area' the applicant highlighted that the business was on a commercial street with residents to the rear of the premises. He added that soundproof panels had been installed at the front of the building.
ch) Taking advantage of the right to speak, the Officer from North Wales Police noted that
there had been historic problems with the premises in the past, however, the situation had improved since the new owner
had taken over. He highlighted that there was a request for door supervisors
to be included on the licence in order
to be consistent with the arrangements of similar premises - this would ensure that
any problems that occur on
the pavement would be monitored. He added that no
problems had arisen with incidents with the temporary licence thus far and cooperation had been good. He also noted that
that a request had been made for
a CCTV condition to be included
on the licence. He supported the application subject to the above conditions.
d)
In summarising his application,
the applicant noted that his priority was to manage the premises well and to continue with the effective cooperation.
dd) In
considering the application,
all of the evidence submitted
was considered, giving particular attention to the Council's Licensing Policy, Home Office guidance and the principles of the Licensing Act
2003.
·
Crime and Disorder
·
Public Safety
·
Preventing Public
Nuisance
·
Protection of
Children from Harm
RESOLVED - to approve the application
subject to including door security conditions
and CCTV conditions on the licence in keeping with
the licensing objectives.
Specific consideration was given to the following comments and concerns:
Preventing crime and disorder
- to accept the Police comments that additional
conditions were required in terms
of door security to ensure that the licence protected the objective of preventing crime and disorder.
Noise - in considering
the concerns of local residents that approving the application would lead to an
increase in noise problems from the premises, the Sub-Committee accepted that any noise
problem in principle could be tantamount to a public nuisance. However, no evidence was received in terms
of the nature, frequency and density of the existing noise produced, the noise produced as a result of amending the licence or the number that would
be affected. No evidence had been received that
the likely noise generated would reach levels that
would be harmful to public health according
to the World Health Organisation Guidance.
It was also highlighted that one local resident
had submitted an objection on the grounds of noise. No observations had been received from the Council's Environmental Health Department that current noise problems
or likely problems stemmed from the premises, and therefore
it was suggested that there was no real situation of public nuisance.
Under the circumstances, whilst the Sub-committee sympathised with the concerns regarding noise they had not been persuaded that approving the licence would be likely to lead to such a serious noise problem that could be described
as a 'public nuisance'.
The Solicitor
reported that the decision would be confirmed formally by letter sent to
everyone present. He also notified that they had the right to appeal the
decision within 21 days of receiving the letter.
Supporting documents: