Wrthi'n llwytho
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RESOLVED – That the public be excluding from the meeting during consideration of the following item accordance with Section 100A (4) of the Local Government Act 1972 (as amended) as the item contains exempt information of the description contained in paragraph 18 of Parts 4 and 5 of Schedule 12A of the Local Government Act 1972 (as amended). ‘Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.’ An application for the review of a Premises Licence was received from South Wales Police in respect of Cardiff Bay Convenience Store, Bute Street. The Sub Committee heard representations from South Wales Police, the licence holder and interested others. Decision The Sub Committee considered the Premises Licence Review in respect of Bay View Convenience Store 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 and Cumulative Impact Assessment, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and licence holder during the hearing in its determination of the matter. The Sub Committee felt that revocation of the Premises Licence was not proportionate to promoting the licensing objectives. However, they felt that a suspension of three months would be suitable considering the seriousness of the breaches that occurred. Furthermore, the Sub Committee felt that the conditions that the licence holder had offered should be applied to the licence, apart from the condition relating to CCTV which they felt was not sufficient. The Sub Committee therefore proposed that the CCTV condition offered should be amended so that footage was retained for a period of no less than 31 days and the timestamp of the date and time of the CCTV be required to be accurate. The Sub Committee felt that this suspension and these conditions were appropriate for promoting the licensing objectives.
There were no declarations of interest.
This application had been agreed prior to the meeting and no longer needed to be considered by the Sub Committee.
Present: Applicants: James Lovegrove (Applicant) Jennifer Lovegrove (proposed DPS) Anthony Bowley (Agent) Other Persons: Cllr Graham Hinchey (Ward Member) The Application An application for the grant of a Premises Licence had been received from James Lovegrove in respect of The Birch Brewhouse, 81 Caerphilly Road, Birchgrove, Cardiff, CF14 4AE. The applicant applied for the following: (1) In respect of the following licensable activities: (i) The sale by retail of alcohol for consumption on the premises. (2) Description of Premises (as stated by applicant): “Small ground floor bar offering craft ale and other alcoholic drinks. Maximum of about 80 customers accommodated at any one time. No regulated entertainment, or late night refreshment”. (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 Sunday: 10:00 to 23:30 hours New Years Eve: an additional hour (4) To provide licensable activities during the following hours: (i) The sale of alcohol for consumption on and off the premises: Monday to Saturday: 10:00 to 23:00 hours New Years Eve: an additional hour Applicant Representations Mr Bowley addressed the Sub Committee on behalf of the applicant, explaining that coffee and food would be served from 8am and alcohol drinks from 10am, with all sales ceasing by 11pm. There would be no amplified music, regulated entertainment or outside activities on the premises, which had a capacity of around 40. Instead, the offer would be focused on high-end, premium local food and alcohol, similar to existing premises like the Rhiwbina Tap. He emphasised that both Mr and Mrs Lovegrove were experienced operators of licensed premises in and around Cardiff, including the Pantmawr Inn in Rhiwbina, the Pendragon in Thornhill and the Black Cock Inn in Caerphilly. This premises used to be a café but had been vacant since March 2022. The applicants had agreed with the conditions proposed by Pollution Control, who as a result had withdrawn their objection. He acknowledged that one objection had been received from local residents, focusing on late night noise and litter. The applicants had written to the objectors to find out what measures they could undertake to alleviate their concerns, but no reply had been forthcoming. He noted that the terminal hour of 11pm was earlier than nearby premises, and that there was no saturation policy in place for the Birchgrove area. Other Persons Representations Cllr Graham Hinchey addressed the Sub Committee as the ward member, stating that he was also speaking on behalf of his ward colleagues Cllrs Ash-Edwards and Sangani. As councillors they took residents’ concerns seriously, including the objection to this application, but the feedback had been overwhelmingly positive, and they felt it would be a unique and vibrant addition to the community. There were currently five or six empty premises in the shopping district and this was a nice meeting place which would offer something different to the pubs nearby. He knew the applicants well as they lived locally, and they had agreed to a recommendation about limiting the hours. They were well respected in the local community and had run pubs in Cardiff for many years without any issues. He and his ward colleagues would maintain an ongoing dialogue with the applicants in the future through the Birchgrove Business Group, and overall they were very supportive of the application. Summing Up Mr Bowley summarised that the applicants were experienced licensees who did not cause the authority or residents any issues, and would run this premises in an exemplary manner. The objectors had not provided sufficient evidence to support their claim that granting the application would have an adverse impact on the licensing objectives. Decision The Sub Committee considered the application on its individual merits as well as 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 applicant and the local ward member during the hearing in its determination of the matter. The Sub Committee noted that Environmental Health and Pollution Control had initially objected to the application, but this was withdrawn upon agreement of the conditions. The applicant had a strong track record and the Sub Committee did not feel there was any evidence that the application would harm the licensing objectives. After considering all the relevant information, the Sub-Committee resolved to GRANT the application subject to the agreed conditions.
Rhan o fater a ddilynwyd ar draws 2 cyfarfod
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the public be excluding from the meeting during consideration of the following item accordance with Section 100A (4) of the Local Government Act 1972 (as amended) as the item contains exempt information of the description contained in paragraph 18 of Parts 4 and 5 of Schedule 12A of the Local Government Act 1972 (as amended). ‘Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.’ An application for the review of a Premises Licence was received from South Wales Police in respect of Cardiff Bay Convenience Store, Bute Street. The Sub Committee heard representations from South Wales Police, the licence holder and interested others. Decision The Sub Committee considered the Premises Licence Review in respect of Bay View Convenience Store 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 and Cumulative Impact Assessment, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and licence holder during the hearing in its determination of the matter. The Sub Committee felt that revocation of the Premises Licence was not proportionate to promoting the licensing objectives. However, they felt that a suspension of three months would be suitable considering the seriousness of the breaches that occurred. Furthermore, the Sub Committee felt that the conditions that the licence holder had offered should be applied to the licence, apart from the condition relating to CCTV which they felt was not sufficient. The Sub Committee therefore proposed that the CCTV condition offered should be amended so that footage was retained for a period of no less than 31 days and the timestamp of the date and time of the CCTV be required to be accurate. The Sub Committee felt that this suspension and these conditions were appropriate for promoting the licensing objectives.
RESOLVED – That the public be excluding from the meeting during consideration of the following item accordance with Section 100A (4) of the Local Government Act 1972 (as amended) as the item contains exempt information of the description contained in paragraph 18 of Parts 4 and 5 of Schedule 12A of the Local Government Act 1972 (as amended). ‘Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.’ An application for the review of a Premises Licence was received from South Wales Police in respect of Cardiff Bay Convenience Store, Bute Street. The Sub Committee heard representations from South Wales Police, the licence holder and interested others. Decision The Sub Committee considered the Premises Licence Review in respect of Bay View Convenience Store 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 and Cumulative Impact Assessment, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and licence holder during the hearing in its determination of the matter. The Sub Committee felt that revocation of the Premises Licence was not proportionate to promoting the licensing objectives. However, they felt that a suspension of three months would be suitable considering the seriousness of the breaches that occurred. Furthermore, the Sub Committee felt that the conditions that the licence holder had offered should be applied to the licence, apart from the condition relating to CCTV which they felt was not sufficient. The Sub Committee therefore proposed that the CCTV condition offered should be amended so that footage was retained for a period of no less than 31 days and the timestamp of the date and time of the CCTV be required to be accurate. The Sub Committee felt that this suspension and these conditions were appropriate for promoting the licensing objectives.
There were none.
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