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RESOLVED that. The decision of the Licensing and Gambling Sub Committee regarding the hearing held on 12th April 2024 in respect of an application for club premises certificate variation application has been granted subject to the agreed recommendations in respect of amended conditions and additional conditions by Gwent Police and other Responsible Authorities. The Sub-Committee considered the representations from all parties in attendance at the hearing. The Applicant made their representations for variation on the basis that the variations could be properly managed and that they agreed to the proposed recommendations made by Gwent Police and Responsible Authorities. The Applicant presented their case that Blackwood Cricket Club is a long standing and valued part of the local community and despite an acceptance that they had been in breach of their current certificate for a number of years, had highlighted that this process had been a learning curve and they were keen to ensure that would implement the proposed additions to their current certificate properly and also were supportive of working with local residents to ensure that they would not have any future problems in respect of its patrons. The Sub-Committee considered the representations from Responsible Authorities, including Gwent Police who did not object to the variation, subject to amendments and additions to the club premises certificate in order to fully promote the licensing objectives, which have been accepted by the Applicant. The Sub-Committee also heard representations from Trading Standards and Health & Safety, who did not object to the variation and accepted the proposals by Gwent Police. The Sub-Committee noted that Health and Safety will look to address any issues under their own legislation should the variation be granted. The Sub-Committee heard representations from Environmental Health who had concerns over the Applicant’s discrepancy in their approach to the variation, as the application had now changed during the hearing itself, with the Applicant requesting a smaller outside area than that outlined within the initial documentation. The Sub-Committee heard representations from the Licensing Authority, who are a responsible authority, referred to their representations contained at page 35 of the agenda pack. The Licensing Authority could not make comment in respect of an increase to the proposed outside area due to the lack of clarity with the application. The Sub-Committee considered the representations made by residents and the concerns that they raised regarding an increase to the outside area requested. The committee noted the concerns relating to urinating on the property, rubbish being thrown into gardens and patrons of the club trespassing on their property. The Sub-Committee had concerns over the Applicant’s withdrawal in relation to the initial application for the additional outside area to cover the whole of the club grounds and duly requested a short adjournment to consider all representations made prior to all parties summing up. The Sub-Committee determined that they had enough written information and representations to be able to proceed to a decision. Having considered all the representations, the Sub-Committee have agreed to the variation as follows: 1. To Allow for a small stage within the club building as applied for. 2. To remove the outdated conditions and to add the conditions as suggested by Responsible Authorities as detailed in Appendix 16. 3. To extend the authorised outside area to the area outlined on the map attached to this notice, titled ‘Annex 1’ to include the President’s bench area. The Sub-Committee have agreed to extend this outside area as per ‘3’ subject to the condition that alcohol shall only be consumed within this designated area between 1st April and 30th September and must cease by 2200hrs. Any person aggrieved by this decision has 21 days from the date of written notification of the decision to appeal to the local Magistrates Court. _______________________ CHAIR
No apologies for absence were received.
There were no declarations of interest made at the beginning or during the course of the meeting.
Y penderfyniad fel y'i cofnodwyd
RESOLVED that. The decision of the Licensing and Gambling Sub Committee regarding the hearing held on 12th April 2024 in respect of an application for club premises certificate variation application has been granted subject to the agreed recommendations in respect of amended conditions and additional conditions by Gwent Police and other Responsible Authorities. The Sub-Committee considered the representations from all parties in attendance at the hearing. The Applicant made their representations for variation on the basis that the variations could be properly managed and that they agreed to the proposed recommendations made by Gwent Police and Responsible Authorities. The Applicant presented their case that Blackwood Cricket Club is a long standing and valued part of the local community and despite an acceptance that they had been in breach of their current certificate for a number of years, had highlighted that this process had been a learning curve and they were keen to ensure that would implement the proposed additions to their current certificate properly and also were supportive of working with local residents to ensure that they would not have any future problems in respect of its patrons. The Sub-Committee considered the representations from Responsible Authorities, including Gwent Police who did not object to the variation, subject to amendments and additions to the club premises certificate in order to fully promote the licensing objectives, which have been accepted by the Applicant. The Sub-Committee also heard representations from Trading Standards and Health & Safety, who did not object to the variation and accepted the proposals by Gwent Police. The Sub-Committee noted that Health and Safety will look to address any issues under their own legislation should the variation be granted. The Sub-Committee heard representations from Environmental Health who had concerns over the Applicant’s discrepancy in their approach to the variation, as the application had now changed during the hearing itself, with the Applicant requesting a smaller outside area than that outlined within the initial documentation. The Sub-Committee heard representations from the Licensing Authority, who are a responsible authority, referred to their representations contained at page 35 of the agenda pack. The Licensing Authority could not make comment in respect of an increase to the proposed outside area due to the lack of clarity with the application. The Sub-Committee considered the representations made by residents and the concerns that they raised regarding an increase to the outside area requested. The committee noted the concerns relating to urinating on the property, rubbish being thrown into gardens and patrons of the club trespassing on their property. The Sub-Committee had concerns over the Applicant’s withdrawal in relation to the initial application for the additional outside area to cover the whole of the club grounds and duly requested a short adjournment to consider all representations made prior to all parties summing up. The Sub-Committee determined that they had enough written information and representations to be able to proceed to a decision. Having considered all the representations, the Sub-Committee have agreed to the variation as follows: 1. To Allow for a small stage within the club building as applied for. 2. To remove the outdated conditions and to add the conditions as suggested by Responsible Authorities as detailed in Appendix 16. 3. To extend the authorised outside area to the area outlined on the map attached to this notice, titled ‘Annex 1’ to include the President’s bench area. The Sub-Committee have agreed to extend this outside area as per ‘3’ subject to the condition that alcohol shall only be consumed within this designated area between 1st April and 30th September and must cease by 2200hrs. Any person aggrieved by this decision has 21 days from the date of written notification of the decision to appeal to the local Magistrates Court. _______________________ CHAIR
The Chairman opened the meeting and introductions were made. The Legal Advisor outlined the procedure for the meeting and reported that Members had previously familiarised themselves with the report of the Licensing Manger, the application and plan of the premises together with the written submissions from Responsible Authorities and Local Residents who were objecting to the application. The Licensing Manager presented the report which outlined the application submitted for a Variation to a current Club Premises Certificate at Blackwood Cricket Club Highfields, Gordon Road, Blackwood NP12 1DS. The Sub Committee were advised that the Club currently holds a Club Premises Certificate which permits the supply of alcohol for on sales only. This currently permits the supply of alcohol Monday to Saturday 11.00am – Midnight and Sunday 12.00 until 23.00. The current Club Premises Certificate permits alcohol to be consumed in a small outdoor area immediately in front of the premises, the Officer directed Members to Appendix 1 of the report which included the plan of the outside area. The variation application is to increase the area where alcohol can be consumed on the premises to the extents of the boundary of the Club grounds and to add a small stage area into the building plan of the upstairs main concert room. The application also sought to remove the requirement to attend Pubwatch meetings, and any embedded and Annex A Conditions currently attached to the Club Premises Certificate. Members were drawn to the Officers report and appendix 2 and 3 which included images of the club grounds. The Officer then referred to representations received in relation to the application from the Responsible Authorities and Other Persons i.e. Local Residents that were set out within the report. Copies of which were circulated with the agenda. Attention was then drawn to the local policy considerations as set out within the report and to the way in which the Sub Committee should deal with the application. It was explained that the Sub Committee must have regard to the report, the representations made and to the evidence heard. It must take such steps as is considered necessary for the promotion of the licensing objectives and could: - · Grant the application as requested to include, where appropriate, mandatory conditions · Modify the conditions specified in the operating schedule by altering, omitting, or adding to them. · Reject the whole or part of the application. The Chair invited the applicant to make their submissions. Andrew Tiley – Club Secretary and Phil Williams – Club Officer addressed the Sub Committee in support of the application submitted. The Club representatives assured the Members that they are running their club responsibly. However, admitted that they had not made themselves aware of the restrictions regarding the consumption of alcohol in their grounds. They referred to the meeting held with the Licensing Authority and Environmental Health Pollution team, which has led to the application to vary the club premises certificate being submitted. There was confusion over the plan submitted and the area the club wanted to permit the consumption of alcohol. Following full discussions, the club representatives clarified the area they wanted was the area just to the side of the club on the curtilage around the carpark and the area with the president’s bench. The Legal representative asked the Licensing Authority if they would be happy to include the area of where the president’s bench is located. However, the Officer was not prepared to agree without visiting the club to assess, as the area was adjacent to a neighbouring property and has the potential to cause a nuisance if the area was not managed correctly. The Chair invited the Responsible Authorities to make their representations. PC. A. Jones addressed the Sub Committee outlining the representations included within the report and confirmed the applicant had agreed to the suggested additional conditions and the re wording of several conditions already provided by the applicant in their application. Gwent Police felt that if those conditions as attached at Appendix 6 of the report were to be attached to the Operating Schedule should the application be granted, they would be robust enough to mitigate any antisocial behaviour. The Officer fully supported the recommendations of his fellow colleagues that the consumption of alcohol outside only take place between April and September annually. The Environmental Health Officer addressed the Sub Committee outlining the representations included in the report and advocated for the reduction in the licensable area requested within the variation application to the carpark area only. The Officer confirmed that the applicant had agreed to the additional conditions in relation to the prevention of public nuisance licensing objective that was included within the Officers representation at Appendix 7 of the report. All parties were afforded the opportunity to ask questions of the Environmental Health Officer. A Member sought clarification on whether the suggested permitted times between April to September months to consume alcohol outside was too broad, and should the CPC only permit the consumption of alcohol outside when there is a cricket match. The Officer clarified that this would make it extremely difficult to enforce and the condition as it stands is more practical and enforceable. The Commercial Safety Officer addressed the Sub Committee outlining the representations included in the report at Appendix 8. The Officer confirmed that that applicant had, prior to the committee meeting agreed to the inclusion of the proposed conditions being added to the operating schedule of the CPC should the variation application be granted. The Officer assured Members that there is separate legislation under Health and Safety that will deal with any further issues that the Officer has. The Trading Standards Officer addressed the Sub Committee and supported the conditions advocated by Gwent Police and felt that if those conditions were included in the operating schedule of the licence, then they would be effective in promoting the Protection of Children from Harm licensing objective. The Assistant Licensing Manager addressed the Sub Committee outlining the representation within the report. The Officer confirmed her position that along with the recommendation of the EHO she would also advocate for the use of the outside be reduced to the carpark area only in order for the Club to be able to manage the area adequately. The Officer also suggested that the area should be restricted to the use only between the months of 1st April to 30th September. The Officer confirmed that there were no representations from the Licensing Authority in relation to the revised layout of the first floor i.e. the small stage or regarding the addition of the stage area or the removal of the conditions as detailed in the application form. The Sub Committee thanked the Responsible Authorities for their representations and welcomed Mr Courcoux to present their representations. Mr Courcoux addressed the Sub Committee and referred to the representations of the local residents that were attached to the report and confirmed his position that they strongly object to the granting of this variation application allowing the consumption of alcohol outside as they felt the club would not be able to manage the area in a sufficient way as to not cause a nuisance to the neighbours. There were further concerns regarding the amended outside area that had earlier been confirmed by the club representatives, as the additional area where the president’s bench is situated is directly adjacent to his property. During discussion when considering the new proposed outside area, it was suggested that there be a site visit by the Sub Committee before reaching their decision. The meeting was adjourned at 11.53am so that the Sub Committee could give the request some consideration. The meeting reconvened at 12.00noon and the Legal Officer addressed all parties advising following consideration the Sub Committee felt that a decision could be reached without the requirement of a site visit. All parties were then afforded the opportunity to sum up before the Licensing and Gambling Sub Committee retired to make its decision. In closing the Senior Licensing Officer asked Members to consider all the representations before them, the evidence heard at the meeting, and all Licensing guidance when making their decision. The Sub Committee were reminded of the need to consider the promotion of the Licensing Objectives and whether the applicant would be able to meet the same. Each responsible Authority summed up with no further comments and asked that the Sub Committee consider their representations when considering when reaching their decision. Mr Courcoux, also asked the Sub Committee to consider the submissions from the local residents when reaching their decision. The representatives for Blackwood Cricket Club asked the Sub Committee to consider granting their application with the amendment to the plan that had been discussed earlier in the meeting. 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 12.12pm 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 decision of the Licensing and Gambling Sub Committee regarding the hearing held on 12th April 2024 in respect of an application for club premises certificate variation application has been granted subject to the agreed recommendations in respect of amended conditions and additional conditions by Gwent Police and other Responsible Authorities. The Sub-Committee considered the representations from all parties in attendance at the hearing. The Applicant made their representations for variation on the basis that the variations could be properly managed and that they agreed to the proposed recommendations made by Gwent Police and Responsible Authorities. The Applicant presented their case that Blackwood Cricket Club is a long standing and valued part of the local community and despite an acceptance that they had been in breach of their current certificate for a number of years, had highlighted that this process had been a learning curve and they were keen to ensure that would implement the proposed additions to their current certificate properly and also were supportive of working with local residents to ensure that they would not have any future problems in respect of its patrons. The Sub-Committee considered the representations from Responsible Authorities, including Gwent Police who did not object to the variation, subject to amendments and additions to the club premises certificate in order to fully promote the licensing objectives, which have been accepted by the Applicant. The Sub-Committee also heard representations from Trading Standards and Health & Safety, who did not object to the variation and accepted the proposals by Gwent Police. The Sub-Committee noted that Health and Safety will look to address any issues under their own legislation should the variation be granted. The Sub-Committee heard representations from Environmental Health who had concerns over the Applicant’s discrepancy in their approach to the variation, as the application had now changed during the hearing itself, with the Applicant requesting a smaller outside area than that outlined within the initial documentation. The Sub-Committee heard representations from the Licensing Authority, who are a responsible authority, referred to their representations contained at page 35 of the agenda pack. The Licensing Authority could not make comment in respect of an increase to the proposed outside area due to the lack of clarity with the application. The Sub-Committee considered the representations made by residents and the concerns that they raised regarding an increase to the outside area requested. The committee noted the concerns relating to urinating on the property, rubbish being thrown into gardens and patrons of the club trespassing on their property. The Sub-Committee had concerns over the Applicant’s withdrawal in relation to the initial application for the additional outside area to cover the whole of the club grounds and duly requested a short adjournment to consider all representations made prior to all parties summing up. The Sub-Committee determined that they had enough written information and representations to be able to proceed to a decision. Having considered all the representations, the Sub-Committee have agreed to the variation as follows: 1. To Allow for a small stage within the club building as applied for. 2. To remove the outdated conditions and to add the conditions as suggested by Responsible Authorities as detailed in Appendix 16. 3. To extend the authorised outside area to the area outlined on the map attached to this notice, titled ‘Annex 1’ to include the President’s bench area. The Sub-Committee have agreed to extend this outside area as per ‘3’ subject to the condition that alcohol shall only be consumed within this designated area between 1st April and 30th September and must cease by 2200hrs. Any person aggrieved by this decision has 21 days from the date of written notification of the decision to appeal to the local Magistrates Court. _______________________ CHAIR
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