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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, GRANTED the application subject to the conditions agreed with South Wales Police and Pollution Control. The Sub-Committee considered the application on its individual merits and considered the report, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy. The Sub-Committee have also considered all submissions made by the applicant and all other parties, and the oral evidence given by the applicants, local residents and local ward councillors during the hearing. The Sub-Committee noted that South Wales Police and Environmental Health Pollution Control initially objected to this application. However, their objections were withdrawn prior to the committee meeting as the applicant agreed their proposed conditions. The Sub-Committee also noted that the applicant had amended the application prior to the hearing and the operating hours proposed had been reduced. The Sub-Committee were satisfied that the applicant successfully demonstrated that they are responsible licence holders and the operating schedule and conditions agreed with South Wales Police and Pollution Control would ensure that the granting of the licence would not undermine the licensing objectives. The Sub Committee therefore resolved to grant the licence with the agreed conditions and amendments made prior to the hearing.
There were none.
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 conditions agreed with South Wales Police and Pollution Control. The Sub-Committee considered the application on its individual merits and considered the report, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy. The Sub-Committee have also considered all submissions made by the applicant and all other parties, and the oral evidence given by the applicants, local residents and local ward councillors during the hearing. The Sub-Committee noted that South Wales Police and Environmental Health Pollution Control initially objected to this application. However, their objections were withdrawn prior to the committee meeting as the applicant agreed their proposed conditions. The Sub-Committee also noted that the applicant had amended the application prior to the hearing and the operating hours proposed had been reduced. The Sub-Committee were satisfied that the applicant successfully demonstrated that they are responsible licence holders and the operating schedule and conditions agreed with South Wales Police and Pollution Control would ensure that the granting of the licence would not undermine the licensing objectives. The Sub Committee therefore resolved to grant the licence with the agreed conditions and amendments made prior to the hearing.
Present: Applicants: Roy Light, St John’s Chamber Nick Newman and Michel Haygarth, Croeso Pubs Ltd Steve Morris, Designated Premises Supervisor Lydia Clements, Hugh James Solicitors Other Persons: Councillor Robert Hopkins and a number of local residents The Application An application for the grant of a Premises Licence had been received from Croeso Pubs Ltd in respect of The Discovery, Celyn Avenue, Cyncoed, Cardiff. The applicant had applied for the following: (1) ln respect of the following licensable activities: The sale of alcohol for consumption on and off the premises (ii) The provision of regulated entertainment in the form of live music (indoors) and recorded music (indoors). (2) Description of Premises (as stated by applicant): "This is an application for a new Premises Licence at the premises whereby the operating hours will be extended. Rather than a seek a full variation, we are applying for a new premises licence with the agreement of the Licensing Authority because the existing premises licence is antiquated with dated operating conditions, which we can address with this new application and operating schedule. The premises will continue to trade as a fully functioning restaurant, bar and lounge with robust conditions to ensure there is no negative impact on the Licensing Objectives or the local community. The premises will operate 7 days a week with a food offering of breakfast and coffee on opening to a dining restaurant for lunch and dinner. The application envisages a bar and lounge with both a food and extensive drinks menu along with live entertainment from local artists. To support this application, we have a/so revised the operating schedule to ensure it is comprehensive and will promote the licensing objectives. It is the primary objective of the DPS and management to operate in a manner designed to minimise risk to customers, employees, neighbours, or persons in the vicinity of the premises. The Management seek to continue to operate successfully, providing a high-quality venue for the enjoyment of customers in a manner that does not adversely impact on the quality of life of neighbouring residents, businesses, or passers-by. AII staff will be made aware of and expected to embrace our objectives, acting in a manner most likely to achieve them. The existing premises licence referenced (CCCP00012) will be surrendered on the satisfactory grant of this application". (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: Monday to Saturday: 09:00 to 01:30 hours Sunday:09:00 to 00:30 hours Sunday preceding a Bank Holiday: 12:00 to 01:30 hours From end of permitted hours on New Years Eve until start of permitted hours on New Years Day On days considered to be of national important significance (if they fall on a Sunday): 12:00 to 01 :30 hours (4) To provide licensable activities during the following hours: (i) The sale of alcohol for consumption on and off the premises Monday to Saturday: 09:00 to 01:00 hours Sunday: 09:00 to 00:00 hours Sunday preceding a Bank Holiday: 12:00 to 01:00 hours From end of permitted hours on New Years Eve until start of permitted hours on New Years Day On days considered to be of national important significance (if they fall on a Sunday): 12:00 to 01:00 hours (ii) The provision of regulated entertainment in the form of live music (indoors) and recorded music (indoors); Monday to Saturday: 12:00 to 00:00 hours Sunday: 12:00 to 23:00 hours Sunday preceding a Bank Holiday: 12:00 to 00:00 hours From end of permitted hours on New Years Eve until start of permitted hours on New Years Day On days considered to be of national important significance (if they fall on a Sunday): 12:00 to 00:00 hours Copies of the site map and a plan of the premises were attached as Appendix A to the report. Applicant Representations The Chairperson invited Roy Light to present the application. Members were requested to refer to their notes, and in particular, to the document that was circulated prior to the meeting which summarised the application. Members were advised that a licenced premises has been trading at this location since the 1960s. Several residents had indicated in their representation that the premises happily co-existed in the community and there were a number of positives highlighted. Roy Light considered that the premises was well established and was enjoyed by the local community. Mr Light stated that licenced premises nationwide were closing at an alarming rate and there were general concerns within the licensing trade. This premises was currently providing a live music offer and therefore it was able is has been able to trade successfully. The provision of live music was not a licensable activity as the Live Music Act permits live music between 0800 and 2300 hours. The current operators had purchased the property and had brought it back into use. The previous management were struggling financially and had closed the business. Considerable investment has since been made in the premises and around 40 members of staff were employed in order to make the business a viable proposition. The Designated Premises Supervisor (DPS) is very experienced with 20 years of experience. They live at the premises. Roy Light asked Steve Morris, the DPS and Nick Newman the Area Manager of Croeso Pubs to introduce themselves. Nick Newman advised that he had worked in the industry since 1982 and had worked with various agencies. The premises contributes to the community and the premises acts as a polling both for elections. Roy Light stated that the application had originally received representations from South Wales Police and Pollution Control, Cardiff Council. Following consultation with both parties a list of 36 conditions was proposed and were agreed by the applicants. It was noted that concerns around crime and disorder and public nuisance formed the basis of the majority of representations. However, South Wales Police and Pollution Control had both withdrawn their representations as a result of the agreement reached regarding the conditions on the licence. Members were reminded that the Section 182 Guidance stated that evidence from each responsible authority, which is an expert in their field, should be regarded as the main source of advice. Members should therefore look carefully at the view of the responsible authorities who are content with the application. This is also supported by case law. Members were also asked to note that there were no reported complaints regarding the premises to any responsible authority. Mr Light referred to the list of 36 conditions agreed ahead of the hearing. It was considered to be a comprehensive list of conditions that were tailored to the premises which clearly supported the licensing objectives. The conditions included staff training, Challenge 25, CCTV, incident recording, SIA approved door staff, management of external areas and deliveries and waste collections. The current premises licence had no conditions and therefore, granting the application would further improve the management of the premises The Chairperson requested that a summary of the changes to the original application that were made as a result of the agreed conditions be displayed in the meeting. The Licensing Officer was asked to indicate the changes to those present. Referring to the written representations received, Mr Light stated that a number of the representations were duplicated. A letter was sent to residents setting out how they could register their opposition to the application. However, the letter was misleading and contained a number of inaccuracies including comparison of the premises with a city centre nightclub with a dancefloor and being open ’24 hours per day’. A number of objectors had submitted the same letter. However, there were still other representations made. Again, a number of these were inaccurate and there seemed to be a misunderstanding of the current permitted hours. Some residents described noise problems and some stated that these were infrequent. In respect of photographs of broken bottles submitted, Mr Light stated that, whilst there was not evidence to suggest the bottles had come from the premises, the curtilage of the premises was cleaned every morning. There were also a number of representations from people living a considerable distance from the premises who were unlikely to be affected by the business. Mr Light addressed the suggestion that people leaving the premises or those who may migrate to the premises in the late evening due to the later opening times. Cardiff Council’s Statement of Licensing Policy stated that the authority must take into account that licensing law was not the primary mechanism for controlling members of the public once they have left a licensed premises. The issue of people migrating to the premises specifically was addressed in the Thwaites case, when the High Court supported a Licensing Committee view that there was no evidence to support the suggestion that migration would occur and therefore it was not reasonable to assume it would. Mr Light confirmed that the application had been amended following consideration of the representations received. Mr Light closed by repeating that South Wales Police and Pollution Control had withdrawn their representations because they were satisfied with the application. Members were asked to grant the application. The Chairperson invited questions from the Sub Committee. Responding to questions, Mr Light stated that an application for a new licence was made because the existing licence was antiquated. It was normal procedure to have SIA door staff employed at times in order to help manage the premises and ensure the safety of all customers. As a result of the agreed conditions, SIA staff with body cameras would be employed at the weekend and at other events on a risk-assessed basis. Other Persons’ Representations Councillor Robert Hopkins was invited to address the Sub Committee on behalf of local residents. Councillor Hopkins stated that the agreed conditions meant that a lot of additional information needed to be absorbed but the original timings had raised a number of concerns. Councillors and residents appreciated the need to run a successful business but the premises were located in a residential area and there were valid concerns within the local community which had resulted in a large number of written representations. It was noted that there were no statements in support of the application. Councillor Hopkins summarised the concerns of some local residents. These included concerns regarding anti-social behaviour, congestion, public nuisance and the resources available to South Wales Police to adequately monitor the premises. There was also unease around the protection of children from harm. Councillor Hopkins also raised questions regarding a restrictive covenant relating to the area. Councillor Hopkins was advised that this is not a relevant consideration for the Sub Committee. In closing, Councillor Hopkins stated that the current licence was sufficient and that sufficient weight should be given to the views of local residents. Responding to questions from the Sub Committee, Councillor Hopkins indicated that the current operator seems to be intent on broadening the appeal of the premises and attracting a younger clientele. He stated that he has not escalated any concerns raised by local residents and has instead advised them to contact the responsible authorities direct. The Sub Committee also received representation from a number of local residents. Mr Peter Noneley stated that the premises had operated for almost 60 years without incident but since changing hands there had been problems. Concerns were also raised about children walking past the premises, intoxicated people nearby and live music being played whilst the fire doors were open. Steve Hansen considered that there is a permanent police presence in the city centre which acts as a deterrent to crime and anti-social behaviour. This was not the case at this location. Concerns were also raised regarding drinks promotions advertised at the premises. Virgil Scott raised concerns regarding litter and broken glass nearby. He had also noticed that noise disturbance had increased, particularly from people leaving the premises and was concerned that granting the application would make matters worse. Richard Steer and Sam Carter stated that the premises was located between two schools and the increase in hours would result in an increased risk to children. Roy Light stated that neither school had submitted a representation. All parties were given an opportunity to sum up. The Sub Committee retired to deliberate and make its decision. 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 conditions agreed with South Wales Police and Pollution Control. The Sub-Committee considered the application on its individual merits and considered the report, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy. The Sub-Committee have also considered all submissions made by the applicant and all other parties, and the oral evidence given by the applicants, local residents and local ward councillors during the hearing. The Sub-Committee noted that South Wales Police and Environmental Health Pollution Control initially objected to this application. However, their objections were withdrawn prior to the committee meeting as the applicant agreed their proposed conditions. The Sub-Committee also noted that the applicant had amended the application prior to the hearing and the operating hours proposed had been reduced. The Sub-Committee were satisfied that the applicant successfully demonstrated that they are responsible licence holders and the operating schedule and conditions agreed with South Wales Police and Pollution Control would ensure that the granting of the licence would not undermine the licensing objectives. The Sub Committee therefore resolved to grant the licence with the agreed conditions and amendments made prior to the hearing.
There were none.
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