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RESOLVED that; The interim decision of the Licensing and Gambling Sub Committee in respect of an application for a Variation Premises Licence at Brew Monster is that the hearing, pursuant to regulation 12 of The Licensing Act 2003 (Hearings) Regulations 2005, be adjourned until 10am 3 October 2023. The reasons for the adjournment are set out below. The Licensing and Gambling Sub Committee will determine the application at the next hearing. All parties will be notified of, and invited to, the restored hearing. The Sub Committee have listened very carefully to all representations made during the hearing on 9 August 2023 and read very carefully all the written representations received in advance of such hearing. Whilst not pre-determining, or determining any issue, it was evident to the Sub Committee that the promotion of the prevention of public nuisance licensing objective appears to be of paramount significance to the determination of the application before it. This issue in turn involves, amongst other aspects, issues surrounding the entrance to the existing premises, the public highway intended to provide the means of access between the premises and beer garden, and the intended use of the beer garden. These issues did not appear to the Sub Committee to be independent of each other and there appears to be a degree of interrelation between each aspect that is relevant to the promotion of the public nuisance licensing objective. On 8 August 2023, the Applicant provided to the Sub-Committee, and all other parties, via an email to the Licensing Manager a document entitled “Information in Support of Brew Monster”. This document is 9 pages long and is a mixture of rebuttal to objections raised by other parties and new information. The Sub Committee were cognisant of regulation 18 of The Licensing Act 2003 (Hearings) Regulations 2005 and that such document had been provided in advance of the hearing on 9 August 2023. The “Information in Support of Brew Monster” document introduced new information that had not been raised at any prior point in time – namely the Applicant’s intended attempt to mitigate noise within the beer garden by the erection/installation of acoustic fencing panels, for which a planning application had been submitted. This had not been included in the intended operating schedule forming part of the application or raised in response to any relevant representation from any other party during the consultation process. The document provides some basic information about the intended acoustic fence panels – but the information was not detailed. The submission of this information with less than 24 hours before the scheduled hearing did not enable the Responsible Authorities to adequately respond to this aspect of potential noise mitigation relevant to the promotion of the above licensing objective. The Sub-Committee reached the view that further details regarding this aspect would be needed before it can start to deliberate and decide the application. At the hearing on 9 August 2023 the Sub-Committee was not placed in a position where it could meaningfully consider the: (a) potential effectiveness, or ineffectiveness, of the proposed acoustic fence panels intended to be installed; (b) likelihood or degree of certainty that the Applicant would be permitted to install such acoustic fence panels. In light of the above, and for the efficacy of the restored hearing the Sub-Committee directs the following: 1. the Applicant provide such further written evidence (to the Licensing Manager) as the Applicant sees fit to detail and explain the intended noise mitigation works for the beer garden and the likelihood of the Applicant being permitted to carry out such works, no later than 4pm on 12 September 2023. Without seeking to limit the Applicant’s discretion, information regarding the materials intended to be used, the manufacturer of such materials, any information regarding its potential effectiveness, the status of any planning permission, would appear likely to be of assistance. 2. The Licensing Manager will arrange for the prompt distribution of any further written evidence provided by the Applicant as per item 1 to all other parties. Any party wishing to make written representations in regard to the further written evidence must provide these to the Licencing Manager no later than 4pm on 26 September 2023. Any such responses will be promptly forwarded to all other parties by the Licensing section. _______________________ CHAIR
Apologies for absence received from Mr D. Pugh Environmental Health, Health and Safety Officer and Mr M. Butler and Mr Brown.
There were no declarations of interest made at the beginning or during the course of the meeting.
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RESOLVED that; The interim decision of the Licensing and Gambling Sub Committee in respect of an application for a Variation Premises Licence at Brew Monster is that the hearing, pursuant to regulation 12 of The Licensing Act 2003 (Hearings) Regulations 2005, be adjourned until 10am 3 October 2023. The reasons for the adjournment are set out below. The Licensing and Gambling Sub Committee will determine the application at the next hearing. All parties will be notified of, and invited to, the restored hearing. The Sub Committee have listened very carefully to all representations made during the hearing on 9 August 2023 and read very carefully all the written representations received in advance of such hearing. Whilst not pre-determining, or determining any issue, it was evident to the Sub Committee that the promotion of the prevention of public nuisance licensing objective appears to be of paramount significance to the determination of the application before it. This issue in turn involves, amongst other aspects, issues surrounding the entrance to the existing premises, the public highway intended to provide the means of access between the premises and beer garden, and the intended use of the beer garden. These issues did not appear to the Sub Committee to be independent of each other and there appears to be a degree of interrelation between each aspect that is relevant to the promotion of the public nuisance licensing objective. On 8 August 2023, the Applicant provided to the Sub-Committee, and all other parties, via an email to the Licensing Manager a document entitled “Information in Support of Brew Monster”. This document is 9 pages long and is a mixture of rebuttal to objections raised by other parties and new information. The Sub Committee were cognisant of regulation 18 of The Licensing Act 2003 (Hearings) Regulations 2005 and that such document had been provided in advance of the hearing on 9 August 2023. The “Information in Support of Brew Monster” document introduced new information that had not been raised at any prior point in time – namely the Applicant’s intended attempt to mitigate noise within the beer garden by the erection/installation of acoustic fencing panels, for which a planning application had been submitted. This had not been included in the intended operating schedule forming part of the application or raised in response to any relevant representation from any other party during the consultation process. The document provides some basic information about the intended acoustic fence panels – but the information was not detailed. The submission of this information with less than 24 hours before the scheduled hearing did not enable the Responsible Authorities to adequately respond to this aspect of potential noise mitigation relevant to the promotion of the above licensing objective. The Sub-Committee reached the view that further details regarding this aspect would be needed before it can start to deliberate and decide the application. At the hearing on 9 August 2023 the Sub-Committee was not placed in a position where it could meaningfully consider the: (a) potential effectiveness, or ineffectiveness, of the proposed acoustic fence panels intended to be installed; (b) likelihood or degree of certainty that the Applicant would be permitted to install such acoustic fence panels. In light of the above, and for the efficacy of the restored hearing the Sub-Committee directs the following: 1. the Applicant provide such further written evidence (to the Licensing Manager) as the Applicant sees fit to detail and explain the intended noise mitigation works for the beer garden and the likelihood of the Applicant being permitted to carry out such works, no later than 4pm on 12 September 2023. Without seeking to limit the Applicant’s discretion, information regarding the materials intended to be used, the manufacturer of such materials, any information regarding its potential effectiveness, the status of any planning permission, would appear likely to be of assistance. 2. The Licensing Manager will arrange for the prompt distribution of any further written evidence provided by the Applicant as per item 1 to all other parties. Any party wishing to make written representations in regard to the further written evidence must provide these to the Licencing Manager no later than 4pm on 26 September 2023. Any such responses will be promptly forwarded to all other parties by the Licensing section. _______________________ CHAIR
The Chairman 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 Officer, the application and plan of the premises together with the written submissions from the responsible authorities and local residents who were objecting to the application. The Licensing Manager presented the report and outlined the application submitted for a variation to the premises licence in respect of Brew Monster, Brew House, Unit 1 Lon y Twyn, Caerphilly. The application sought to permit the following Licensable Activities: · Supply of Alcohol (on and off sales) Bank Holidays 09.00 to 23.00hrs & New Years Eve 09.00 to 16.00hrs The Variation application also sought to extend the licensable area to include the brewery yard, to permit it to be opened during the hours Saturday and Sunday 09:00 to 21:00 for the consumption of alcohol purchased from the brewery bar and to permit the sale and consumption of food which is either purchased from the brewery bar or from a street food trader pop up that is based in the brewery yard. To extend the hours the premises is open to the public and the hours for the supply of alcohol by bringing forward the opening/start time to 09:00 on bank holidays and New Years Eve to mirror weekend opening/start time. Closing times remain unchanged. A revision of existing conditions attached to the premises licence 4, 12 and 15 concerning the smoking area and outside area and access to the brewery production area which are outlined below. 4. Persons using the smoking shelter will not be permitted to take food or drink outside, and notices to this effect shall be displayed at suitable locations. 12. Customers will not have access to the production/brewery area of the building. This area will be closed off and will only be accessible by staff using a keycode. 15. All alcoholic drinks will be consumed indoors within the licensed area. The Licensing Officer then referred to representations received in relation to the application from interested parties/responsible authorities that were set out in paragraph 1.5 of the report, copies of which were attached to the report circulated with the agenda. Attention was drawn to the local policy considerations as set out in within the Licensing Officers report and to the way in which the Sub Committee should deal with the application. The Sub Committee were also referred to the recommendation set out in the report, which considered the position of the Responsible Authorities, together with the concerns received from Local residents of the applicant’s ability to promote the Licensing Objectives (particularly the promotion of the Prevention of Public Nuisance Licensing Objective) and recommended that the application for a variation to the premises licence be refused. There were no questions for the Licensing Manger and representations were invited from the Mr G White on behalf of the Applicant Brew Monster Ltd. Mr White addressed the Sub Committee in his submission he informed the Members that the business had been operating since 2020. The premises was derelict and since taking over Brew Monster Ltd have invested large sums of money to make the business a success. Mr White explained that one of the areas they struggle to compete with, is having an outside area during the summer months. The Members were also informed that over the summer months the premises held events in the proposed outside area (Brewery Yard), which were cover by Temporary Events Notices (TENS). Mr White felt these events were extremely successful in terms of being well manged and from the positive customer feedback. The Sub Committee were informed the reason for the variation was so that the business could hold more of these events but were mindful they wanted to be able to promote the Licensing Objectives, particularly the Prevention of Public Nuisance objective. Therefore, the variation application that was submitted in relation to the use of the Brewery Yard, was very limited hours of weekends only until 9pm. Mr White advised Members that an application had also been submitted to Planning to obtain the correct consents to be able to use the Brewery Yard, should the variation application be granted. The Sub Committee were made aware that the Applicant proposed to carry out works to soundproof the Brewery Yard to ensure that no noise could escape and cause a noise nuisance. Attention was drawn to the adjusted conditions following discussions with Gwent Police to install CCTV which would cover all the areas where customers would be taking their drinks and where they would be seated. Mr White explained that as part of the management processes at the premises there is an assurance that the staffing levels are correct, ensuring all staff are trained and they also address any potential issues that could arise to ensure the premises is promoting the licensing objectives. Mr White assured Members that noise readings are taken on a regular basis, to ensure that the Prevention of Public Nuisance objective is met. All parties were afforded the opportunity to ask questions of Mr White. Clarification was sought on how the customers smoking and the customers using the area to eat, and drink would be separated. Mr White advised that there is no segregation, but that the Brewery Yard is a relatively large area, with the capacity to fit around 60 customers comfortably. Therefore, no issues are anticipated. Mr White went on to assure the Members that when TENs had been in place throughout the summer this had not caused an issue. Responding to a Members query, Mr White confirmed that should the variation be granted, that following the terminal hour of 9pm, customers still wishing to stay would be directed inside the premises. It is the experience of Mr White that customers generally start to leave around 9pm as the premises doesn’t generally attract late night drinking. Smokers would still be permitted in the area, this would be managed and controlled by the staff. Mr White confirmed that there is CCTV on the Brewery Yard which can be viewed from behind the bar inside of the premises. Members were advised the noise is gauged by a sound meter. When TENs have been in place in the past Mr White has taken sound recordings which were believed to have been at an acceptable level. Mr White advised that they are proactive and have regular team meetings to discuss how events have gone, what went well and what areas could be improved on for future events. The Assistant Licensing Manager sought clarification on how the Applicant intends to manage the number of customers the Brewery Yard will attract. Mr White assured Members there will be signage displaying maximum numbers permitted at one time and also staff would be monitoring the area. Mr White explained the cliental the premises currently attracts generally do not have more than 3 drinks before they leave due to the nature of the business. Therefore, would never anticipate having more than 60 customers using the area at any one time. The Legal Advisor sought clarification on whether the Applicant had applied to the Planning Department for approval to carry out the sound proofing works. Mr White advised the Members that an application was submitted several weeks ago. The determination date was 8 weeks and the Applicant had been hopeful that they would have received a decision prior to this meeting. Mr White further advised the Members that they felt it would be more efficient to apply for Planning Consent and the Variation Application together. Representations were then invited from Responsible Authorities. PC Taylor representing Heddlu Gwent Police and outlined their representations submitted and confirmed that they did not object to the application and also confirmed that there was a lack of complaints in relation to Crime and Disorder and Antisocial Behaviour between June 2022 and July 2023. PC Taylor advised the Members that the Police had advocated a revision of conditions in relation to CCTV coverage to include the entrance and the whole of the rear yard. Conditions had also been proposed in relation to the use of toughened glass and increased numbers of staff to be present for pre-planned events and have advocated that the licence holder risk assess the need for SIA security staff when sporting or functions of any kind take place. The Officer confirmed that the Applicant had responded to accept the proposed Police conditions. All parties were afforded the opportunity to ask questions. A Member clarified that there has been no crime and disorder reported in association with this premises and the requirement for SIA door staff is one for the PLH to assess need for. PC Taylor confirmed, the Police System had been checked from June 2022 and July 2023 and there have been no issues relating to crime and disorder. PC Taylor advised the Members that the requirement for SIA door staff is assessed by the PLH is a common risk assessment that premises are required to carry out throughout the Borough. Concerns were raised with regards alcoholic drinks being consumed on the public footpath. PC Taylor advised Members this was the reasoning behind the request for additional conditions, which are included within the representations that are intended to prevent any problems on the public footpath. PC Taylor confirmed Heddlu Gwent Police are confident the Applicant will accept and comply with recommendations set out in the representations and will, therefore remove their representations providing the revised/additional conditions are placed upon the licence. Representations were invited from Environment Health (Pollution Team) The Environmental Health Pollution Officer (EHO) addressed the Members and referred to the objections submitted and confirmed that they would not support the grant of the variation application in respect of varying the licence to include the Brewery Yard as in their opinion it would undermine the Prevention of Public Nuisance objective. However, Environmental Health had no objection to the extension of hours (on NYE or BH’s). The EHO detailed concerns over the use of the outside areas, whether this is attributed to use of the Brewery Yard or as a smoking area. The EHO made reference that since opening, Brew Monster have been the subject of many noise nuisance complaints, one of which is ongoing to assess whether noise from the use of outside areas by patrons was causing a statutory nuisance to nearby residents. The Members were drawn to the objections and advised that evidence has been gathered with noise recordings and officer visits, that are indicative of noise disturbances from use of the outside area as a smoking area. Members were advised that noise recordings have been submitted by a resident using The Noise App, which identify a noise source with patrons in loud conversation, often shouting and likely socialising. The EHO brought to Members attention the Planning Department had served a warning letter over the lack of consent to use the outside area for licensable activities. This letter was also emailed to the Applicant. Subsequently a compliance check was carried out by a Planning Officer, who noted that all tables and chairs had been removed from the Brewery Yard indicating that an event which had a TEN in place was no longer going ahead. However, evidence was later provided to prove this event took place. Subsequently a Breach of Conditions Notice was served on the premises which prohibits use of the Brewery Yard. The Applicant had total disregard to the recommendations of the Planning Department. Therefore, the EHO advised Members that in their professional judgment this indicated potential conflict within the Local Authority and potentially the competence in management to properly monitor and uphold the Licensing Objectives. The EHO summarised that the majority of their concerns were in relation to the proximity to the nearest resident, the hours and the potential for the Brewery Yard to be used 52 weeks per year. There was also lack of confidence that the Brewery Yard could be adequately managed. The EHO felt there were no mitigating factors that could be recommended or conditioned in order to promote the Licensing Objectives. All parties were afforded the opportunity to ask questions. Following queries raised by the Sub Committee the Officer confirmed their position that there were no conditions that could be added to the licence in order to promote the Public Nuisance objective, due to the Yard being an open area and although there had been a suggestion that this could be mitigated by the noise absorbent material being put in place, the Officer was not confident that this would work. The Officer also confirmed that the Environmental Health Department had no confidence in the management of the premises and felt that there was no regard to previous enforcement notices served on the premises from the Planning Department. Representations were invites from the Licensing Authority as Responsible Authority The Assistant Licensing Manager outlined the representations submitted and objected to the revision of conditions to permit alcohol to be consumed in the outside area as they were not confident that the PLH would be able to promote the Licensing Objectives and would likely cause a nuisance to residents. The Officer confirmed they had no objection to the additional hours sought on New Year’s Eve or on Bank Holidays. The Officer advised Members that following a visit on 27th April 2023 in relation to Temporary Event Notices submitted there were concerns with regards to the monitoring of the premises as there was no direct access to the Yard from the premises itself where customers would have to walk via a public footpath to gain access to the Yard following their purchases of alcohol. The Officer also advised Members there were concerns that the applicant had not included within their application any measures in relation to the how they intended to manage and control the outside area. There were also additional concerns, regarding the management of the public footpath area as there is no direct CCTV on this area. Following discussion, the Chairman then invited comments from the Other Persons (Residents). Ms Jordan addressed the Sub Committee on behalf of her mother. Ms Jordon referred to the objection that had been submitted due to noise, smoke and odours already emanating from the yard. Ms Jordon referred to an occasion when there had been a TEN in place which attracted around 30 customers to you use the yard, as a result of this her mother was unable to sit in and enjoy her garden. All parties were afforded the opportunity to ask questions and following discussion, Councillor Fussel a Local Ward Member who had been asked to represent Mr Butler and Mr Brown in their absence, addressed the Sub Committee and drew attention to the representations that both residents had submitted objecting to the application on the grounds of public nuisance. There were no questions for Councillor Fussell and all parties were given the opportunity to sum up before the Sub-Committee retired to make its decision. The Licensing Manager asked Members to consider all the information before them and to take into account all relevant licensing guidance when making their decision and referred Members to the recommendation in the report which recommended that the application to vary the premises licence be refused. PC Taylor (Heddlu Gwent Police) confirmed Heddlu Gwent Police did not have any objections to the application and was satisfied with the agreement of the applicant to modify the conditions as recommended. The Environmental Health Officer (Environmental Health Noise Pollution) confirmed that their objection to the application remained, due to the belief that allowing the use of the Yard would be contrary to promoting the Prevention of Public Nuisance Licensing Objective. The Assistant Licensing Manager (Licensing Authority) emphasised that representations submitted by Responsible Authorities need to consider Licensing Objectives and not the viability of a business. Each application is considered individually, and the Responsible Authorities will consider a number of factors, which can include location and problems associated with the area, together with any potential for the four Licensing Objectives to be undermined. The main concerns of the Licensing Authority in relation to this particular application were the applicant’s lack of contact with Responsible Authorities and the applicant not offering any further steps within the application to promote the Licensing Objectives. Ms Jordon confirmed her position and asked the Sub Committee to consider all the information that had been presented to them, and to allow her mother to be able to enjoy her outside space, without the noise the use of the Yard would cause. Cllr Fussell (Local Ward Member) requested that the Sub Committee consider the concerns of the residents and urged the Sub Committee to refuse the use of the Yard. Mr White (on behalf of Brew Monster Ltd) emphasised that the business has undertaken a great deal of research in finding a solution to mitigate any possible noise nuisance and also felt with a strong management system in place and the limited times applied for the Yard would not cause a public nuisance. Mr White also welcomed any additional conditions the Sub Committee may wish to place on the licence in order to reduce the risk further. 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 12:50pm 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 interim decision of the Licensing and Gambling Sub Committee in respect of an application for a Variation Premises Licence at Brew Monster is that the hearing, pursuant to regulation 12 of The Licensing Act 2003 (Hearings) Regulations 2005, be adjourned until 10am 3 October 2023. The reasons for the adjournment are set out below. The Licensing and Gambling Sub Committee will determine the application at the next hearing. All parties will be notified of, and invited to, the restored hearing. The Sub Committee have listened very carefully to all representations made during the hearing on 9 August 2023 and read very carefully all the written representations received in advance of such hearing. Whilst not pre-determining, or determining any issue, it was evident to the Sub Committee that the promotion of the prevention of public nuisance licensing objective appears to be of paramount significance to the determination of the application before it. This issue in turn involves, amongst other aspects, issues surrounding the entrance to the existing premises, the public highway intended to provide the means of access between the premises and beer garden, and the intended use of the beer garden. These issues did not appear to the Sub Committee to be independent of each other and there appears to be a degree of interrelation between each aspect that is relevant to the promotion of the public nuisance licensing objective. On 8 August 2023, the Applicant provided to the Sub-Committee, and all other parties, via an email to the Licensing Manager a document entitled “Information in Support of Brew Monster”. This document is 9 pages long and is a mixture of rebuttal to objections raised by other parties and new information. The Sub Committee were cognisant of regulation 18 of The Licensing Act 2003 (Hearings) Regulations 2005 and that such document had been provided in advance of the hearing on 9 August 2023. The “Information in Support of Brew Monster” document introduced new information that had not been raised at any prior point in time – namely the Applicant’s intended attempt to mitigate noise within the beer garden by the erection/installation of acoustic fencing panels, for which a planning application had been submitted. This had not been included in the intended operating schedule forming part of the application or raised in response to any relevant representation from any other party during the consultation process. The document provides some basic information about the intended acoustic fence panels – but the information was not detailed. The submission of this information with less than 24 hours before the scheduled hearing did not enable the Responsible Authorities to adequately respond to this aspect of potential noise mitigation relevant to the promotion of the above licensing objective. The Sub-Committee reached the view that further details regarding this aspect would be needed before it can start to deliberate and decide the application. At the hearing on 9 August 2023 the Sub-Committee was not placed in a position where it could meaningfully consider the: (a) potential effectiveness, or ineffectiveness, of the proposed acoustic fence panels intended to be installed; (b) likelihood or degree of certainty that the Applicant would be permitted to install such acoustic fence panels. In light of the above, and for the efficacy of the restored hearing the Sub-Committee directs the following: 1. the Applicant provide such further written evidence (to the Licensing Manager) as the Applicant sees fit to detail and explain the intended noise mitigation works for the beer garden and the likelihood of the Applicant being permitted to carry out such works, no later than 4pm on 12 September 2023. Without seeking to limit the Applicant’s discretion, information regarding the materials intended to be used, the manufacturer of such materials, any information regarding its potential effectiveness, the status of any planning permission, would appear likely to be of assistance. 2. The Licensing Manager will arrange for the prompt distribution of any further written evidence provided by the Applicant as per item 1 to all other parties. Any party wishing to make written representations in regard to the further written evidence must provide these to the Licencing Manager no later than 4pm on 26 September 2023. Any such responses will be promptly forwarded to all other parties by the Licensing section. _______________________ CHAIR
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