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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, REFUSED the application.
RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application subject to the agreed conditions with South Wales Police and Licensing Enforcement.
There were no declarations of interest.
Decision as recorded
RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, REFUSED the application.
Present: Applicants: David Abuneke Derek Abuneke Responsible Authorities: PC Jason Jones (South Wales Police) Emma-Jayne Barratt (Pollution Control) Rhys Morgan (Licensing) Other Persons Cllr Caro Wild (Ward Member) The Application An application to vary a Premises Licence had been received from Delta Lounge Cardiff Limited in respect of Rockin Chair, 62-64 Lower Cathedral Road, Riverside, Cardiff, CF11 6LT. The applicant applied for the following: i) The sale of alcohol for consumption on and off the premises: Sunday to Thursday 09:00 to 04:00 hours Friday and Saturday: 09:00 to 06:00 hours New Years Eve: 09:00 hours until the start of permitted hours on New Years Day (ii) The provision of regulated entertainment in the form of films: Sunday to Thursday 09:00 to 04:00 hours Friday and Saturday: 09:00 to 06:00 hours New Years Eve: 09:00 hours until the start of permitted hours on New Years Day (iii) The provision of regulated entertainment in the form of live music, recorded music and anything of a similar description: Sunday to Thursday 09:00 to 04:00 hours Friday and Saturday: 09:00 to 06:00 hours New Years Eve: 09:00 hours until start the of permitted hours on New Years Day (iv) The provision of late night refreshment: Sunday to Thursday 23:00 to 04:00 hours Friday and Saturday: 23:00 to 06:00 hours New Years Eve: 23:00 to 05:00 hours (v) Opening hours: Sunday to Thursday: 09:00 to 04:30 hours Friday and Saturday: 09:00 to 06:30 New Years Eve: 09:00 hours until the start of permitted hours on New Years Day Applicants Representations The applicant stated that he ran a restaurant and bar which served food and drinks and normally closed around midnight, and he had applied to extend the hours. His main reason for applying for the licence was to accommodate his community, who showed more interest in late night activities. He intended to have all types of events, keeping the restaurant but also being able to host parties and different celebrations as well. He did not want to fight with residents and would take their concerns into account. He acknowledged the objections received but suggested that if the issues they highlighted were that significant, then there would already be serious problems at the premises, which was not the case. He had made changes within the premises to reduce the level of noise pollution, and cited low incidences of antisocial behaviour. His patrons did not cause trouble, and left quietly on time. Responsible Authority Representations PC Jason Jones of South Wales Police explained that the police had objected to the application in its current form in line with the licensing objective of the prevention of crime and disorder, and suggested that the proposed hours and noise level were inappropriate for a predominantly residential area. He added that Delta Lounge’s existing licence had not gone without issue: videos of busy events taken late at night seemed to show that it was more of a nightclub than a restaurant. PC Jones also referenced the business’ website, which promoted it as a ‘night spot’ with live entertainment that did not resemble a typical restaurant. There did not seem to be sufficient measures in place to mitigate possible disorder, and the applicant had not yet agreed to all the conditions SWP had suggested, with a key one being the requirement for at least four SIA trained door staff. He added that they had not yet seen a full fire risk assessment and had only recently learned the full capacity of the venue (around 100) but did not know whether this was assessed with furniture out or not. If the capacity was indeed 100, then only three SIA trained door staff would be required. Emma-Jayne Barratt of Pollution Control explained that their objection was based on the prevention of public nuisance. Applications for late night bars were not usually accommodated in residential areas due to the likelihood of disturbance and noise nuisance. What was acceptable in the city centre was less acceptable in quieter suburban areas. Within the operating schedule, applicants should provide clear and suitable measures to promote the licensing objectives, but the applicant here had not. The applicant had indicated some willingness to accept the reduced hours proposed by South Wales Police but had not yet provided a noise report. She also noted that with no external smoking area on the premises, patrons would likely go out onto the highway to smoke, possibly with their drinks, and there were no restrictions on the operating schedule to prevent this. The lack of sufficient door staff was an issue in managing the premises, and it was clear that it was being run as a nightclub rather than a restaurant. With complaints having been received from local residents about the noise level, licensing officers visited the premises themselves and found it to be very loud. Speaking on behalf of the Licensing Authority, Rhys Morgan emphasised that in a predominantly residential area there needed to be due regard to how premises would usually be expected to operate. There was a lot of terraced housing and flats in the immediate vicinity of the site, and the licensing authority would expect noise levels to drop off significantly after 11pm. The applicant seemed open to reducing the hours but there was not yet any concrete agreement for the Committee to consider. The noise report had not yet materialised, and this would be an important factor in judging the potential for public nuisance. Other Persons Representations Cllr Caro Wild spoke in his capacity as Ward Member, explaining that while he liked the venue, it was in the wrong place. As patrons left the venue, unless they were in a car, it was virtually impossible not to walk past people’s windows. This would always cause disturbance after midnight and in the early hours. In predominantly residential areas, a terminal hour of 9pm was more reasonable than the 11pm or midnight being suggested as a compromise. He added that the site was in a particularly disadvantaged part of Cardiff with a high rate of child poverty, so it was even more important for the children and young people living there to get a good night’s sleep. Discussion Members asked if there were any similar locations close by that operated late at night. The Pollution Control representative responded that she was not aware of any others in the area. The Ward Member added that there were a couple of premises on Cowbridge Road West whose opening hours were gradually creeping past midnight, so he was keeping an eye on the applications coming in. The applicant asked whether the responsible authorities would modify their reports if he accepted the reduction in hours. The Chair explained that at this meeting they could only discuss the application as it stood, as the applicant’s discussions with the authorities hadn’t led to anything concrete yet. The Sub Committee viewed a video of an event taking place at the premises, which was blurred for GDPR purposes but seemed to show a busy nightclub where no food was visible. PC Jones suggested that this appeared to be a violation of their current premises license, which read “The supply of alcohol after 23:00 hours is permitted provided that such a supply is with food only.” There were glass bottles on tables, which the conditions of that particular event required be decanted into plastic cups. The applicant explained that the glass bottles could have been served earlier in the day, which they were permitted to do at this event until 10pm, and been left on the table. Summing Up The representative from South Wales Police reiterated that their objection was on the grounds of preventing crime and disorder. The premises were currently being run as a bar rather than a restaurant. The police had looked at reducing hours with the applicant, but there was no concrete agreement yet. If Members were minded to grant the application, then he urged them to consider potential conditions including SIA presence. The representative from Pollution Control summarised that the operating schedule failed to mitigate any of the concerns that had been raised with regard to noise pollution and public nuisance. The representative from the Licensing Authority echoed the previous points, and noted that the applicant needed to demonstrate how they would prevent public nuisance and crime & disorder. In summing up, the Applicant emphasised that since opening in December they had only received two complaints, and one of those was from a patron who refused to leave the premises. He believed that the other, a noise complaint, was made by a rival. It was a hard time to run a business, and he had put all his savings into getting it up and running. He and his patrons were not troublemakers, and he wanted to accommodate residents’ concerns and avoid making noise. He was happy to agree to some variations, but these had not yet made it to the committee stage. Decision RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, REFUSED the application.
Decision as recorded
RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application subject to the agreed conditions with South Wales Police and Licensing Enforcement.
Present: Applicants: Carl Ryan Matthew Phipps (TLT Solicitors) Other Persons: Paul Conway (Local Resident) Jennie Conway (Local Resident) The Application An application for the grant of a Premises Licence has been received from Canal Quarter PLH Ltd in respect of Pulse Nightclub Mardi Gras Street Party, Churchill Way, Cardiff, CF10 2DW. The applicant applied for the following: (1) In respect of the following licensable activities: i) The sale by retail of alcohol for consumption on and off the premises. ii) The provision of regulated entertainment in the form of plays (indoors and outdoors) films (indoors and outdoors), boxing or wrestling entertainment (indoors and outdoors), live music (indoors and outdoors), recorded music (indoors and outdoors), dance (indoors and outdoors) and entertainment of a similar description to music and dance (indoors and outdoors). iii) The provision of late-night refreshment (indoors and outdoors). (2) Description of Premises (as stated by applicant): “Mardi Gras street party”. (3) Unless otherwise indicated the premises may be open to the public during the following hours and for any hours consequential to the non-standard timings: Saturday: 11:00 to 04:30 hours Sunday: 11:00 to 00:30 hours A further additional two hours into the morning following every Saturday and Sunday of every Easter Bank Holiday, May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend. An extension from the end of permitted hours on New Years Eve to the start of permitted hours on New Years Day every year. Upon 28 days’ notice being provided to the South Wales Police, an additional two hours, (until 6:30am Saturday into Sunday morning), to be requested with South Wales Police written confirmation being required prior to its operation. This not applicable in respect of Bank Holiday’s and New Year’s Eve as above. (4) To provide licensable activities during the following hours: (i) The sale by retail of alcohol for consumption on and off the premises: Saturday: 11:00 to 04:00 hours Sunday: 11:00 to 00:00 hours A further additional two hours into the morning following every Saturday and Sunday of every Easter Bank Holiday, May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend. An extension from the end of permitted hours on New Years Eve to the start of permitted hours on New Years Day every year. Upon 28 days’ notice being provided to the South Wales Police, an additional two hours, (until 6am Saturday into Sunday morning), to be requested with South Wales Police written confirmation being required prior to its operation. This not applicable in respect of Bank Holiday’s and New Year’s Eve as above. (ii) The provision of regulated entertainment in the form of plays (indoors and outdoors) films (indoors and outdoors), boxing or wrestling entertainment (indoors and outdoors), live music (indoors and outdoors), recorded music (indoors and outdoors), dance (indoors and outdoors) and entertainment of a similar description to music and dance (indoors and outdoors): Saturday: 11:00 to 04:00 hours Sunday: 11:00 to 00:00 hours A further additional two hours into the morning following every Saturday and Sunday of every Easter Bank Holiday, May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend. An extension from the end of permitted hours on New Years Eve to the start of permitted hours on New Years Day every year. Upon 28 days’ notice being provided to the South Wales Police, an additional two hours, (until 6am Saturday into Sunday morning), to be requested with South Wales Police written confirmation being required prior to its operation. This not applicable in respect of Bank Holiday’s and New Year’s Eve as above. (iii) The provision of late-night refreshment (indoors) Saturday: 23:00 to 04:30 hours Sunday: 23:00 to 00:30 hours A further additional two hours into the morning following every Saturday and Sunday of every Easter Bank Holiday, May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend. An extension from the end of permitted hours on New Years Eve to the start of permitted hours on New Years Day every year. Upon 28 days’ notice being provided to the South Wales Police, an additional two hours, (until 6am Saturday into Sunday morning), to be requested with South Wales Police written confirmation being required prior to its operation. This not applicable in respect of Bank Holiday’s and New Year’s Eve as above. Applicants Representations Representing the applicant, Matthew Phipps explained that while this was technically an application for a new licence, in reality it was more of a variation. The Mardi Gras Street Party had been going on for more than ten years, only interrupted by Covid and the canal works on Churchill Way, but the opening of the canal had changed the internal configuration of the licensed space and effectively made it smaller. It was a variation in all but name, and the police representation acknowledged that there would be no cumulative impact on the increase of licences granted within the city centre. He outlined a number of key points, noting the application was for the same hours as the existing licence. Dialogue and discussion had taken place with all relevant consultees and responsible authorities, and a number of conditions had been added as a result, including requiring the presence of SIA trained door staff with body cameras, CCTV and the prevention of unsealed drinks leaving the premises. He added that there were two important secondary locksteps: firstly, Cardiff Council was the landlord, and secondly, all the operator’s procedures and protocols would be submitted to the Safety Advisory Group. The operating schedule followed all the relevant guidance from the responsible authorities, who did not object to any of it. Both the police and licensing authority essentially had the option to veto the event too if they were not happy with it. He did not accept that allowing the licence would necessarily lead to an increase in antisocial behaviour or crime and disorder. There was no history of complaints at the premises and nothing specific in the local residents’ objections. He summarised that it was a good application, an improved licence thanks to the conditions agreed with the police, and the space had not got any bigger. Discussion Members noted that the proposed conditions allowed five large events, and asked what these would be, in addition to the post-Pride party and New Year’s Eve. The applicant’s representative clarified that the existing licence was five so this mirrored that. The only other recurring event that came to mind was Halloween, which Pulse had done infrequently over the years. Members queried why two extra hours were needed on bank holidays. The applicant’s representative responded that this was because it had worked well in the past. They had been allowed additional hours from time to time via a temporary event protocol. This had an extra layer of protection in that if the police didn’t like it, they didn’t get it. Members asked about the notice period for temporary events, which he confirmed was also 28 days. The Sub Committee discussed the possibility of patrons turning up with their own alcohol. The applicant’s representative was confident that people bringing their own alcohol wouldn’t get in. It was normally an open space but for this event it would be fenced off, with all attendees coming in through one entrance where they were searched. He added that it wouldn’t be in the operator’s commercial or operational interest to let people in with their own alcohol. The Sub Committee asked how the applicants would prevent people hanging around after the event was done and causing disorder. The applicant’s representative explained that the whole space would be cleared. He believed that the event would make the area as a whole more secure by bringing more eyes on the space and security. Summing Up The applicant’s representative summarised that it was a good application, supported by the relevant officers and responsible authorities. Any residual concerns were fairly attended to by the comprehensive conditions and supplemented by the police and licensing authority’s effective veto. Decision RESOLVED – That the Sub-Committee having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application subject to the agreed conditions with South Wales Police and Licensing Enforcement.
There were no urgent items.
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