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 It then considered the Council’s 2021 Statement of Licensing Policy. It noted the Council’s aspiration ‘to promote live music, dance... etc. for the wider cultural benefit of the community’ in paragraph 1.11. It also noted the duty imposed on the Licensing Authority in paragraph 17.14. Namely, to ‘consider whether the provision of live music and cultural activities and entertainments are being deterred by local licensing requirements’ and if so to investigate ‘how the situation might be reversed’. The Sub-Committee also had regard to the latest statutory guidance of the Secretary of State, issued in August 2023. In particular, it had regard to paragraphs 2.20 to 2.26 regarding public nuisance. The Sub-Committee noted the guidance at paragraph 2.22 that ‘Licensing authorities should avoid inappropriate or disproportionate measures that could deter events that are valuable to the community, such as live music. Noise limiters, for example, are expensive to purchase and install and are likely to be a considerable burden for smaller venues.’ Westival is of significant cultural and economic benefit to the local community. The Sub-Committee is satisfied, on the evidence before it, that the level of noise at the festival is not a public nuisance. There are no grounds for revoking or suspending the premises licence. Further, there are no compelling reasons to impose conditions on the premises licence. To do so would constitute an unreasonable burden on such a small festival (de facto revocation. Such an outcome is inconsistent with both the Council’s licensing policy and the Secretary of State’s guidance. RESOLVED That the Application to review the premises licence be dismissed.
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 commends the applicant for his efforts to diversify his farm business. The Sub-Committee believes the licensing objectives are not under-mined by 24 hour online sales, particularly, as the provision would not actually take place out of ordinary business hours. However, Sub-Committee believes it would not promote the licensing objectives to allow on site sales on a 24 hour basis. The Sub-Committee noted the applicant’s proposal to reduce those times. It believes 10 am to 9 pm to be an acceptable compromise in the circumstances. RESOLVED That the Application be granted subject to the amendments in timings.
There were no Declarations of Interest made
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 It then considered the Council’s 2021 Statement of Licensing Policy. It noted the Council’s aspiration ‘to promote live music, dance... etc. for the wider cultural benefit of the community’ in paragraph 1.11. It also noted the duty imposed on the Licensing Authority in paragraph 17.14. Namely, to ‘consider whether the provision of live music and cultural activities and entertainments are being deterred by local licensing requirements’ and if so to investigate ‘how the situation might be reversed’. The Sub-Committee also had regard to the latest statutory guidance of the Secretary of State, issued in August 2023. In particular, it had regard to paragraphs 2.20 to 2.26 regarding public nuisance. The Sub-Committee noted the guidance at paragraph 2.22 that ‘Licensing authorities should avoid inappropriate or disproportionate measures that could deter events that are valuable to the community, such as live music. Noise limiters, for example, are expensive to purchase and install and are likely to be a considerable burden for smaller venues.’ Westival is of significant cultural and economic benefit to the local community. The Sub-Committee is satisfied, on the evidence before it, that the level of noise at the festival is not a public nuisance. There are no grounds for revoking or suspending the premises licence. Further, there are no compelling reasons to impose conditions on the premises licence. To do so would constitute an unreasonable burden on such a small festival (de facto revocation. Such an outcome is inconsistent with both the Council’s licensing policy and the Secretary of State’s guidance. RESOLVED That the Application to review the premises licence be dismissed.
The Sub-Committee considered a report by the Head of Housing and Public Protection regarding an application for a review of a premises licence for Westival, Shipping Hill Farm, The Ridgeway, Manorbier, Tenby SA70 8LE. The Chair welcomed the Solicitor to the meeting who advised that the application had been made by a local resident. The Interim Public Protection Manager then advised that the review was under Section 51 and that the last day for representations had been 4 September 2023. The Chair noted that one representation had been received from a Member of the Public, who was not present, and one from the Pollution Control Officer who was present at the hearing. The Chair then welcomed the Licence Holder, Mr Joseph Worley to the Sub-Committee along with Councillor Phil Kidney who would be speaking on behalf of the Licence Holder. Councillor Kidney advised that he had been contacted by the residents of St Florence as he had originally been their Councillor. He was the Councillor for Manorbier Community Council and Penally Community Council who were both fully supportive of the event. The Licence Holders had worked with the Community Councils form the start and the festival was growing every year and welcomed by local businesses. The Sub-Committee had previously visited the festival on site and had worked with the Licence Holders where possible. In response to a concern raised by the Applicant in writing, Councillor Kidney advised that the review had been on both Community Councils for discussion which were posted on their notice boards. In response to a comment from the Chair, the Interim Public Protection Manager advised that the previous application had been regarding the introduction of the Sunset Stage and potential noise pollution and not a review of the Licence. The Interim Public Protection Manager clarified that when reviewing possible conditions for Westival, he had contacted a number of Local Authorities and advised that hours were varied according to local conditions and permitted on their own merits. In response to a question from Councillor John Davies regarding the hours live music was permitted for the Sunset Stage, the Licence Holder advised that the hours were different for the Sunset Stage due to its location however, they had not opened the Sunset Stage this year. He further advised that five stages were in operation at any one time but that this did not impact the maximum level of sound as was not dependant on the number of stages in operation. The Chair welcomed the Pollution Control Officer to present the findings from the festival and he advised that they had worked closely with the Licence Holders who had employed a Noise Consultant on site throughout the Festival. There had been no issues on site and that it had been a well run, clean festival with no issues with licensing, antisocial behaviour or with the pollution control team. The Noise Control Team were on site throughout the festival and continually monitored the noise levels. Noise measurements had been taken from outside the applicants house and they had been reported well below the requiremetns. The Licence Holder advised that the applicant had not contacted them throughout the event and had not rung the helpline when they would have been able to support the applicant. The Interim Public Protection Manager advised that the team had received a small number of complaints from the campsite where a low base noise could be heard intermittently due to the heavy rainfall and strong wind. The Chair invited the Solicitor to sum up before thanking all involved. The Sub-Committee then retired to undertake its consideration of the matter and the representations submitted. Moved by Councillor Tim Evans; Seconded by Councillor John Cole 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 It then considered the Council’s 2021 Statement of Licensing Policy. It noted the Council’s aspiration ‘to promote live music, dance... etc. for the wider cultural benefit of the community’ in paragraph 1.11. It also noted the duty imposed on the Licensing Authority in paragraph 17.14. Namely, to ‘consider whether the provision of live music and cultural activities and entertainments are being deterred by local licensing requirements’ and if so to investigate ‘how the situation might be reversed’. The Sub-Committee also had regard to the latest statutory guidance of the Secretary of State, issued in August 2023. In particular, it had regard to paragraphs 2.20 to 2.26 regarding public nuisance. The Sub-Committee noted the guidance at paragraph 2.22 that ‘Licensing authorities should avoid inappropriate or disproportionate measures that could deter events that are valuable to the community, such as live music. Noise limiters, for example, are expensive to purchase and install and are likely to be a considerable burden for smaller venues.’ Westival is of significant cultural and economic benefit to the local community. The Sub-Committee is satisfied, on the evidence before it, that the level of noise at the festival is not a public nuisance. There are no grounds for revoking or suspending the premises licence. Further, there are no compelling reasons to impose conditions on the premises licence. To do so would constitute an unreasonable burden on such a small festival (de facto revocation. Such an outcome is inconsistent with both the Council’s licensing policy and the Secretary of State’s guidance. RESOLVED That the Application to review the premises licence be dismissed.
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 commends the applicant for his efforts to diversify his farm business. The Sub-Committee believes the licensing objectives are not under-mined by 24 hour online sales, particularly, as the provision would not actually take place out of ordinary business hours. However, Sub-Committee believes it would not promote the licensing objectives to allow on site sales on a 24 hour basis. The Sub-Committee noted the applicant’s proposal to reduce those times. It believes 10 am to 9 pm to be an acceptable compromise in the circumstances. RESOLVED That the Application be granted subject to the amendments in timings.
The Sub-Committee considered a report by the Head of Housing and Public Protection regarding an application for a new premises licence at Brooksgrove Farm, Brooksgrove Lane, Haverfordwest SA61 1XR. The Chair welcomed the Interim Public Protection Manager to present the application who explained that the application had been publicised and circulated in accordance with statute. The Chair then welcomed the applicant to the meeting invited them to address the Sub-Committee. Mr Gary Rees presented his application to the Sub-Committee highlighting that Brooksgrove Farm was a family-run farm specialising in horticulture, honey and fruit-based syrups with approximately 600 apple trees. The Applicant was diversifying into cider production which they had sold online and were now looking to progress into direct sales. In response to a concern raised by Councillor John Davies regarding the 24hour on and off sales licence, the Applicant advised that the 24hr licence is due to the online sales which was available 24/7. They were not open to the public 24/7 and had sought advice on this from other licence premises holders. The Applicant further advised that they were planning to host events such as Orchard Tours and sampling with a ticket price and the Interim Public Protection Manager advised that this would require an onsite licence. The objections that had been received were regarding road access and parking being inadequate with an increase in traffic and that alcohol consumption on such a remote and inaccessible site posed a risk to road safety and public order. The Objector had not attended in person or remotely to make any further representations and no written representation were received from any Responsible Authority. The Applicant advised that there were 750 square meters of hardstanding for parking and four passing places on the road. In response to a question from Councillor John Cole, the Applicant confirmed that he was a personal licence holder. The Chair clarified that any decision from the Sub-Committee would remain subject the change of use request made through planning and the Solicitor confirmed that the Sub-Committee would not take any planning applications into consideration. In response to a concern raised by the Chair regarding training and qualifications, the Applicant advised that he had attended the Personal Licence Holders course which had made reference to training and that he personally, would be responsible for all training as required. The Sub-Committee then retired to undertake its consideration of the matter and the representations submitted. Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter 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 commends the applicant for his efforts to diversify his farm business. The Sub-Committee believes the licensing objectives are not under-mined by 24 hour online sales, particularly, as the provision would not actually take place out of ordinary business hours. However, Sub-Committee believes it would not promote the licensing objectives to allow on site sales on a 24 hour basis. The Sub-Committee noted the applicant’s proposal to reduce those times. It believes 10 am to 9 pm to be an acceptable compromise in the circumstances. RESOLVED That the Application be granted subject to the amendments in timings.
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