Wrthi'n llwytho
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RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration of the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act. The Sub-Committee then resumed in open session. DECISION The Sub-Committee heard representations from two local residents. The residents expressed support for the rugby club in general, but opposed the application. The residents explained that people drinking and singing in the outdoor area could be heard from their residences. The Sub-Committee then heard audio recordings, which confirmed the same. Additionally, one of the residents is a foster carer and expressed safeguarding concerns. People leaving the club had been known to use foul language and some teenagers had been seen climbing in and out of the club. In response, the Applicant offered to limit music to 8 pm and/or to have a steward in the outdoor area. Due to the Live Music Act, it is not possible to impose a condition on the requested licence to limit music to 8 pm at this stage, as this is unenforceable. It would only be possible to do so on review. The Sub-Committee is satisfied that those parts of the Application relating to the internal parts of the club building are acceptable. However, the Sub-Committee finds that the Pollution Control Team and residents are entirely correct to have voiced concerns, which the Applicant has been unable to quash to the satisfaction of the Sub-Committee. The Sub-Committee is satisfied that the application does not promote the four licensing objectives, in particular the prevention of public nuisance. RESOLVED That the application be refused.
There were no Declarations of Interest made.
Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter RESOLVED That the Minutes of the meeting held on 30 November 2022 be approved as a correct record.
Y penderfyniad fel y'i cofnodwyd
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration of the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act. The Sub-Committee then resumed in open session. DECISION The Sub-Committee heard representations from two local residents. The residents expressed support for the rugby club in general, but opposed the application. The residents explained that people drinking and singing in the outdoor area could be heard from their residences. The Sub-Committee then heard audio recordings, which confirmed the same. Additionally, one of the residents is a foster carer and expressed safeguarding concerns. People leaving the club had been known to use foul language and some teenagers had been seen climbing in and out of the club. In response, the Applicant offered to limit music to 8 pm and/or to have a steward in the outdoor area. Due to the Live Music Act, it is not possible to impose a condition on the requested licence to limit music to 8 pm at this stage, as this is unenforceable. It would only be possible to do so on review. The Sub-Committee is satisfied that those parts of the Application relating to the internal parts of the club building are acceptable. However, the Sub-Committee finds that the Pollution Control Team and residents are entirely correct to have voiced concerns, which the Applicant has been unable to quash to the satisfaction of the Sub-Committee. The Sub-Committee is satisfied that the application does not promote the four licensing objectives, in particular the prevention of public nuisance. RESOLVED That the application be refused.
The Sub-Committee considered a report by the Director of Community Services regarding an application for a variation of the premises Licence under the Licensing Act 2003 in respect of Milford Haven Rugby Football Club. The Chair introduced the Solicitor to the meeting who presented the application to the Sub-Committee together with the options that were available. The Lead Officer (Licensing) then presented the report. The Applicants were present for the Hearing and were provided the opportunity to present their case to the Sub-Committee, including answering questions and the key points were highlighted as follows: · The Applicants believed that all documentation had now been submitted. · Following approach from the Licensing Officer, the Applicants had instructed detailed Architectural drawings of the premises to advise of any changes that had been made within the licensed areas. · The variation was based on the external area which had been repaired and renovated to improve the drainage and safety of the area. · The Applicant advised that no extension or alteration had taken place. · It was confirmed that the decking area had been in place for at least ten years and had been used for various functions at the club including BBQs and that it had been tidied up during the Covid pandemic. The Lead Officer (Licensing) clarified that the external area was not covered by the premises licence as a licensed area and that access and egress had been upgraded with the replacement of a large window and emergency fire exit with a bi-fold door. In response to questions from the Chair and Councillor Mark Carter, the Applicants confirmed that the work had been completed at the end of April 2022 and that the area had been in use on a regular basis since that time, without an official licence. The Applicants advised the Sub-Committee that they had acted upon any complaint from neighbours, ensuring patrons are brought inside of the Club and had been informed that any noise recordings that had been made were void and invalid as they had been taken from the wrong location and were within appropriate decibel levels. In response to a question from Councillor Carter, the Pollution Control Officer confirmed that no complaints had been received prior to the alterations. A number of concerns were raised by the Sub-Committee, as highlighted below: · A number of visits had taken place and letters clarifying the resident’s concerns had been sent with no action being taken. · The outside music was controlled via BlueTooth by multiple staff/patrons. The Chair introduced the Pollution Control Officer to the meeting who presented the complaints to the Sub-Committee who advised the Sub-Committee that no complaints had been received prior to 8 May 2022 and that a warning letter served on 9 May 2022 received no response. A Noise Abatement Notice was served on 18 July 2022 and the Pollution Control Team attended meetings with the Applicants on 22 July 2022 and 15 September 2022. In response to comments from Councillor Carter, the Applicant advised that all patrons to the club were Members and that there was an experienced steward in place and that they would be happy to employ a supervisor for the external area were the application approved. The Chair then welcomed the Local Residents who had been present throughout the meeting to the meeting who presented their case to the Sub-Committee, their key points were highlighted as follows: · Their garden wall was 8.5m from the boundary fence of the club and the window was 10.5m away. · Children and Teenagers had been witnessed climbing into and out of the external area of the club. · One of the residents were employed as a foster carer and regularly fostered vulnerable children and there were concerns over the noise and language heard from the club. Clarification was sought by the Chair as to the planning application and the Applicant responded that the Milford Haven Rugby Football Club had a Committee of 12 members with 70 Sponsors in the local community. Following a two year period of no takings, they had looked to kick start the business and needed to utilise the external area. The Applicants accepted that they ‘had not got it right’ and Councillor Carter clarified the three options that were available to the Sub-Committee, to approve, reject or approve with conditions. The Applicants advised that if the application was rejected they would revert to their existing licence. The Lead Officer (Licensing) confirmed that whilst drinking and smoking would be allowed in the external area under the existing licence, no live or recorded music could be played. Further clarity was given by the Lead Officer (Licensing) that conditions cannot be placed on a Temporary Entertainment Notice (TENS). The Residents further advised that the external area had never been an area for entertainment and had only be used for beer deliveries. Following the renovations, there was now seating available for 50 patrons. The Chair invited the Applicant to sum up and they made reference to the volunteer based club with all money going back into the club and the local community. They acknowledged that the renovations had taken place without consultation. The Solicitor then outlined the options for consideration by the Sub-Committee. The Sub-Committee then retired to undertake its consideration of the matter and representations submitted. Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter [Amended by Minute 31 – Licensing Sub-Committee 27 March 2023] RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration of the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act. The Sub-Committee then resumed in open session. DECISION The Sub-Committee heard representations from two local residents. The residents expressed support for the rugby club in general, but opposed the application. The residents explained that people drinking and singing in the outdoor area could be heard from their residences. The Sub-Committee then heard audio recordings, which confirmed the same. Additionally, one of the residents is a foster carer and expressed safeguarding concerns. People leaving the club had been known to use foul language and some teenagers had been seen climbing in and out of the club. In response, the Applicant offered to limit music to 8 pm and/or to have a steward in the outdoor area. Due to the Live Music Act, it is not possible to impose a condition on the requested licence to limit music to 8 pm at this stage, as this is unenforceable. It would only be possible to do so on review. The Sub-Committee is satisfied that those parts of the Application relating to the internal parts of the club building are acceptable. However, the Sub-Committee finds that the Pollution Control Team and residents are entirely correct to have voiced concerns, which the Applicant has been unable to quash to the satisfaction of the Sub-Committee. The Sub-Committee is satisfied that the application does not promote the four licensing objectives, in particular the prevention of public nuisance. RESOLVED That the application be refused.
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