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RESOLVED - That the Sub Committee, having considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, written submissions made by the applicant and all other parties, and the oral evidence given by the applicants during the hearing in its determination of the matter, GRANTED the application.
RESOLVED – That the sub-committee, having carefully considered the objections from Pollution Control and accepted that there was a genuine basis for concern regarding noise outbreak from the premises, GRANTED the licence with the following amendments/conditions which were considered appropriate in the circumstances for the promotion of the Licensing Objectives: The Sub-Committee considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, submissions made by the applicant and all other parties, and the oral evidence given by the applicants during the hearing in its determination of the matter. The Sub-Committee noted that a representation was received from South Wales Police, objecting to the application. However, the South Wales Police objection was withdrawn prior to the hearing as the applicant agreed a number of conditions. Opening hours: Sunday to Thursday: 09:00 to 00:00 hours Friday and Saturday: 09:00 to 01:00 hours New Years Eve: until permitted hours the following day Sale of alcohol: Sunday to Thursday: 09:00 to 23:30 hours Friday and Saturday: 09:00 to 00:30 hours New Years Eve: until permitted hours the following day The provisions of films: Sunday to Thursday: 09:00 to 23:30 hours Friday and Saturday: 09:00 to 00:30 hours New Years Eve: an additional hour Regulated entertainment and late night refreshment: Sunday to Thursday: 23:00 to 23:30 hours Friday and Saturday: 23:00 to 00:30 hours New Years Eve: an additional hour Non-standard timings: Maundy Thursday, Christmas Eve, Sundays preceding Bank Holidays: an extra hour Any external area associated with the premises shall not be used after 22:30 hours.
None received.
Y penderfyniad fel y'i cofnodwyd
RESOLVED - That the Sub Committee, having considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, written submissions made by the applicant and all other parties, and the oral evidence given by the applicants during the hearing in its determination of the matter, GRANTED the application.
Present: Applicants: Andrew Taynor Aaron McHugh Emma Carter The Application An application for the Grant of a Premises Licence was received from Keg Belly Ltd in respect of Keg Belly, 12 Park Road, Whitchurch, Cardiff CF14 7BQ. The applicant had 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. (2) Description of Premises (as stated by applicant): “The premises is currently vacant but was previously a licensed café/bar. It is in a commercial area nearby other premises including a butcher, estate agent, a Tesco Express and the Coffi Lab café. The business will be run as a small-bar and restaurant and the target demographic will be affluent local residents looking for local craft beers and quality street food. There is small outside area at the front of the premises that will be used for outside seating in the warmer months, which will be well-managed in regard to nuisance”. (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: 08:00 to 23:30 hours Sunday: 09:00 to 22:30 hours Christmas Eve: 09:00 to 00:30 hours New Years Eve: 09:00 to 01:30 hours (4) To provide licensable activities during the following hours: (i) The sale by retail of alcohol for consumption on and off the premises: Monday to Saturday: 09:00 to 23:00 hours Sunday: 09:00 to 22:00 hours Christmas Eve: 09:00 to 00:00 hour New Years Eve: 09:00 to 01:00 hours Applicants’ Representation The Applicants presented the application. Addressing the written objections, Members were advised that the business did not pose any risks simply by being in a residential area and did not undermine the protection of children licensing objective. There were many licensed premises already in the area. The premises was already licensed and minor changes were sought in line with standard pub hours. It was intended that the venue would be a family friendly, safe space with street food collaborating with craft beer and would not undermine licensing objectives. The Sub Committee heard that 70% of the floor area of the venue would be utilised for tables and chairs. Background music would also be provided at a low level music. The venue had been soundproofed including soundproofing to cover the whole bar area, toilets and storeroom. Members were informed that a new extraction system was being installed. Carbon filters were being installed to capture the small particles of grease and odours. Members were advised that the details of the extraction system had been forwarded to Environmental Health and the Police with no objections received. Responding to a question from a Member about whether a maintenance plan was in place for the extraction system Members were informed that the filters were maintained on a daily basis and the extraction system itself cleaned on a 6 monthly basis including changing the carbon filters. A Member asked if the venue was seen as somewhere in the centre of the community involving families travelling from other areas. Members were informed that family-based locals would mainly be the customers. Members were advised that there would be balance of serving alcohol and food. It was envisioned that there would be more families during the day-time and afternoon. During the evening children would filter out and it would be a place where people could enjoy a quality drink with 8 craft ales available on a rotating system with the venue brewing its own beer. Children would not be on the premises unaccompanied but as part of families and after 2100 hours most families would have left the premises. In answer to a question from a Member in relation to retail sales, Members were informed that there were no plans for delivery of alcohol from the site but in terms of retail sales consisting of branded merchandise was proposed.. When asked if the premises would be used for private functions the applicants responded that there was the potential for this but they would be reluctant to upset their regular customers by closing the premises to the wider public at busy times. Summing Up The Chairperson invited all parties to make closing statements. The applicants stated that they were proposing to launch a modest operation for a beer bar in Whitchurch, Cardiff. As there was nothing of a similar nature in Cardiff they believed it would add to the local community. All applicants had experience as licensed brewers and stressed they had demonstrated they could responsibly manage licensing conditions and the venue. RESOLVED - That the Sub Committee, having considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, written submissions made by the applicant and all other parties, and the oral evidence given by the applicants during the hearing in its determination of the matter, GRANTED the application.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the sub-committee, having carefully considered the objections from Pollution Control and accepted that there was a genuine basis for concern regarding noise outbreak from the premises, GRANTED the licence with the following amendments/conditions which were considered appropriate in the circumstances for the promotion of the Licensing Objectives: The Sub-Committee considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, submissions made by the applicant and all other parties, and the oral evidence given by the applicants during the hearing in its determination of the matter. The Sub-Committee noted that a representation was received from South Wales Police, objecting to the application. However, the South Wales Police objection was withdrawn prior to the hearing as the applicant agreed a number of conditions. Opening hours: Sunday to Thursday: 09:00 to 00:00 hours Friday and Saturday: 09:00 to 01:00 hours New Years Eve: until permitted hours the following day Sale of alcohol: Sunday to Thursday: 09:00 to 23:30 hours Friday and Saturday: 09:00 to 00:30 hours New Years Eve: until permitted hours the following day The provisions of films: Sunday to Thursday: 09:00 to 23:30 hours Friday and Saturday: 09:00 to 00:30 hours New Years Eve: an additional hour Regulated entertainment and late night refreshment: Sunday to Thursday: 23:00 to 23:30 hours Friday and Saturday: 23:00 to 00:30 hours New Years Eve: an additional hour Non-standard timings: Maundy Thursday, Christmas Eve, Sundays preceding Bank Holidays: an extra hour Any external area associated with the premises shall not be used after 22:30 hours.
Present: Applicants: Cameron Paterson (Agent) Carys Parker Witness: Paul Trew Responsible Authorities: Emma-Jayne Barratt (Pollution Control) The Application An application for the Grant of a Premises Licence was received from Parks Bar & Kitchen Ltd in respect of Parkers Bar & Kitchen, 177 Clare Road, Grangetown, Cardiff CF11 6QS The applicant had applied for the following: (1) In respect of the following licensable activities: (i) The sale by retail of alcohol for consumption off the premises. (ii) The provision of regulated entertainment in the form of films (indoors), live music (indoors), recorded music (indoors) and entertainment of a similar description (indoors). (iii) The provision of late night refreshment (indoors and outdoors). (2) Description of Premises (as stated by applicant): “The venue consists of: A ground floor premises and will be operated as a restaurant, with the intention of providing breakfasts and through the day dining, along with facilities for those wishing to have something to eat after having attended events, such as the theatre and concert functions, it will also provide a venue for those wishing to partake of a casual drink. The entrance/exit is from Clare Road. The venue consists of: It has an open plan room which consists of a bar with fixed and moveable seating, with the fixed seating on a raised area. There is a second room at the rear of the facilities which can be booked for private functions and will act as an overspill dining area, if and when required. It has both male and female toilets and a semi covered smoking courtyard area” (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: Sunday to Thursday: 09:00 to 01:00 hours Friday and Saturday: 09:00 to 02:00 hours Maundy Thursday: 09:00 to 02:00 hours Sundays preceding a Bank Holiday: 09:00 to 02:00 hours Christmas Eve: an additional hour New Years Eve: from 09:00 until start of permitted hours on New Years Day. During the festival of Diwali the premises may open at 08:00 hours (4) To provide licensable activities during the following hours: (i) The sale by retail of alcohol for consumption on and off the premises: Sunday to Thursday: 09:00 to 01:00 hours Friday and Saturday: 09:00 to 02:00 hours Maundy Thursday: 09:00 to 02:00 hours Sunday preceding a Bank Holiday: 09:00 to 02:00 hours Christmas Eve: an additional hour New Years Eve: from 09:00 until start of permitted hours on New Years Day. During the festival of Diwali the premises may open at 08:00 hours (ii) The provision of regulated entertainment in the form of films (indoors): Sunday to Thursday: 09:00 to 00:30 hours Friday and Saturday: 09:00 to 01:30 hours Maundy Thursday: 09:00 to 01:30 hours Sunday preceding a Bank Holiday: 09:00 to 01:30 hours Christmas Eve: an additional hour New Years Eve: from 09:00 until start of permitted hours on New Years Day. During the festival of Diwali, from 08:00 hours (iii) The provision of regulated entertainment in the form of live music (indoors), recorded music (indoors) and entertainment of a similar description (indoors): Sunday to Thursday: 23:00 to 00:30 hours Friday and Saturday: 23:00 to 01:30 hours Maundy Thursday: 23:00 to 01:30 hours Sunday preceding a Bank Holiday: 23:00 to 01:30 hours Christmas Eve: an additional hour New Years Eve: from 23:00 until 08:00 hours on New Years Day. (iv) The provision of late night refreshment (indoors and outdoors): Sunday to Thursday: 23:00 to 00:30 hours Friday and Saturday: 23:00 to 01:30 hours Maundy Thursday: 23:00 to 01:30 hours Sunday preceding a Bank Holiday: 23:00 to 01:30 hours Christmas Eve: an additional hour New Years Eve: from 23:00 until 05:00 hours on New Years Day Applicant Representation Mr Cameron Paterson (Agent) spoke on behalf of the applicant. He explained that the proposed venue was a restaurant, dining and bar facility providing a late night offering for people exiting other venues in Cardiff. The application included live and or recorded music in the event that the venue was booked for a wedding anniversary, wedding or christening. The Sub Committee heard that the venue was licensed for 60 people. . It was a ground floor venue intended to be a pleasant ambient atmosphere. The applicant was a personal licence holder and ran a successful business in the company of others and also had experience as an air stewardess with dispute resolution skills and serving alcohol. Mr Paterson emphasised to the Sub Committee that the venue would be a restaurant with a chef already in situ. He also referred to the complaints received when the premises were operated by the previous occupier. Mr Paterson considered that powers were already in place to address noise nuisance problems, such as provision for review or alternatively closure notices that could be served and the potential for magistrates Court action brought by the Shared Regulatory Services if there was a breach in relation to noise. In terms of opening hours of the venue Mr Paterson stated that the applicant was happy to have the previous planning restriction imposed on the licence (hours of operation 0800 hrs – 2330 hours) but removed as and when the condition was removed by planning. A Member asked how the operation of the garden area was seen as being an extension of the front dining area. Members were informed that the enclosed wall courtyard was roofless and would not be used as a designated smoking area. It was anticipated that it would be used only in the summer months with no provision of music or speakers. In response to a question regarding how many people would use the premises and at what time, Members were advised that the front room had a capacity of 60 and the rear function room enabled a further 60 people to use the premises. There were two exits. A Member asked about venues in the vicinity with similar opening hours and asked about the sale of alcohol on and off the premises. Members were advised that the sale of alcohol off the premises only took place when customers ordered and took food away. A Member asked for details about the opening hours in relation for specific provision for Diwali. Members were informed that the demand was all through the day. Interested Other Representations Mr Paul Trew, an acoustic consultant, addressed the Sub Committee regarding the Acoustic Noise Management Plan he had been instructed to put together for the premises. He stated that because the premises was small (70% occupied) there was a limit to the amount of space for bands or drum kits. It was understood from the applicant that the entertainment would be through a controlled background music system (Appendix 2 of the Noise Management Plan). It was intended that very small loudspeakers (12 watts) would be utilised that were not capable of emitting not a great deal of noise or great quantities of bass or low frequencies. The Sub Committee heard that the flat above would be occupied by an employee or the director of the company. Members were informed that the windows at the front of the premises did not open and therefore the only way the noise would leak out was when the doors were opened and closed for access and egress. This was barely audible or not audible on the opposite side of the road to the premises. Responsible Authority Representations Emma-Jayne Barratt (Pollution Control) spoke in relation to the application. When considering the application it had been taken into account that the premises was not located in the city centre, where there was an expectation for later licence hours and more anticipation of background noises. It was noted that the premises was in mixed use residential area and where the ambient noise level would reduce at night. Ms Barrett drew the Sub Committee’s attention to the specific location of Clare Road and the discussion of other premises. Members were advised that no other premises had entertainment licences beyond 11.00 pm and it would raise the ambient noise levels after 12 midnight. People leaving the area would generate noise in the early hours of the morning over several days of the week. The Sub Committee noted that the premises adjoined Pentre Street and Heol Penarth Street with the external courtyard adjoining properties. Concerns were also raised in relation to the residential property above. The officer noted that during her visit she was advised that the DPS was to occupy it but was interested to know what mitigating measures would be put in place should the DPS move out of the premises. The Sub Committee was also advised of concerns around people spilling out into the street and public highways as the courtyard was not a designated smoking area causing additional noise and disturbance for local residents. In addition, there were concerns regarding what mitigating measures were being taken in relation to off sales to avoid people taking drinks onto the streets. Ms Barratt referred to the consumption of alcohol in the rear courtyard that was likely to result in higher noise levels. The previous occupants received complaints regarding smoking after 11.00 pm and alleged shouting. It was also noted that the previous licence did not allow for regulated entertainment after 11.00 pm. The Sub Committee was informed that Ms Barratt had advised a reduction in entertainment regulated hours accompanied by the Noise Management Plan. However, that did not fully address noise from customers. Referring to the meeting, it was noted that there had been some willingness to negotiate the timings of operating hours and if the applicant was willing to reduce and provide a specific entertainment noise management plan with mitigations it would satisfy SRS objections. It was not felt that the applicant had provided suitable measures to prevent noise nuisance. Summing Up The Chairperson invited all parties to make closing statements. Ms Barratt outlined her concerns regarding the management of off sales. The Licensing Policy supported the statement that applicants should include in their operating statement how they would implement mitigating measures for the off sales. Although there had been conditions agreed by the police (such as closed containers) there was nothing stopping people buying alcohol and taking it out into the street to drink. In response, Mr Paterson referred to off-licences selling alcohol and what measures they put in place with regards noise and stated there was little premises owners could do. He stressed that there was a greater likelihood of noise from off licences than from a restaurant. He also referred to other licensed premises in the area performing live music until 12.30 or 1.00 am and indoor sporting events taking place until 12.00 or 1.00 am. Members were informed that it was hoped the venue would help generate business in a deprived yet up and coming area. He mentioned that the premises upstairs was part of the lease and the applicant was going to occupy it and there was no intention for anyone other than the applicant or an employee to occupy it. He added that the applicant was open to the suggestion of alternative hours by no negotiations with SRS had taken place regarding this. Decision RESOLVED – That the sub-committee, having carefully considered the objections from Pollution Control and accepted that there was a genuine basis for concern regarding noise outbreak from the premises, GRANTED the licence with the following amendments/conditions which were considered appropriate in the circumstances for the promotion of the Licensing Objectives: The Sub-Committee considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, submissions made by the applicant and all other parties, and the oral evidence given by the applicants during the hearing in its determination of the matter. The Sub-Committee noted that a representation was received from South Wales Police, objecting to the application. However, the South Wales Police objection was withdrawn prior to the hearing as the applicant agreed a number of conditions. Opening hours: Sunday to Thursday: 09:00 to 00:00 hours Friday and Saturday: 09:00 to 01:00 hours New Years Eve: until permitted hours the following day Sale of alcohol: Sunday to Thursday: 09:00 to 23:30 hours Friday and Saturday: 09:00 to 00:30 hours New Years Eve: until permitted hours the following day The provisions of films: Sunday to Thursday: 09:00 to 23:30 hours Friday and Saturday: 09:00 to 00:30 hours New Years Eve: an additional hour Regulated entertainment and late night refreshment: Sunday to Thursday: 23:00 to 23:30 hours Friday and Saturday: 23:00 to 00:30 hours New Years Eve: an additional hour Non-standard timings: Maundy Thursday, Christmas Eve, Sundays preceding Bank Holidays: an extra hour Any external area associated with the premises shall not be used after 22:30 hours.
There were no urgent items as the Temporary Event Notice for Rockin Chair had been withdrawn.
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