Y penderfyniadau fel y mae cofnodion y cyngor yn eu cofnodi. Bydd crynodeb mewn iaith glir yn dilyn pan fydd wedi'i ysgrifennu.
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 Licensing Sub-Committee carefully considered all the written and spoken representations made to it. It then considered the Council’s Statement of Licensing Policy and statutory guidance from the Secretary of State. It accepted the need to strike ‘an appropriate balance between the economic needs of licenced premises and the rights of local residents… to enjoy a reasonable degree of peace and quiet at noise-sensitive times’ (paragraph 5.4). The Council aspires ‘to promote live music, dance… etc. for the wider cultural benefit of the community’ (paragraph 1.11). The Council has imposed an obligation on itself to ‘consider whether the provision of live music… and entertainments are being deterred by local licensing requirements’ and if so to investigate ‘how the situation might be reversed’ (paragraph 17.14). The Sub-Committee had regard to the latest statutory guidance of the Secretary of State, issued in August 2023. In this case, 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.’ The Sub-Committee commends the applicant on the success of its business and its charitable endeavours. It acknowledges the difficulties facing pub businesses at the moment and the need for pubs to diversify. The Sub-Committee notes the objectors’ concerns, but there was no substantial evidence of noise nuisance before it today. 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 Licensing Sub-Committee carefully considered all the written and spoken representations made to it. The Sub-Committee may exempt a private hire vehicle from the requirement to display external plates under section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976. In deciding whether to exercise its discretion, the Sub-Committee had regard to the licensing objectives under section 4 of the Licensing Act 2003. In cases such as these, the Sub-Committee have concerns regarding the public safety of un-labelled vehicles picking up members of the public. However, the Sub-Committee is satisfied that because of the applicant’s business model, he will not be picking up members of the public off the roadside. RESOLVED That the Application be granted.
There were no Declarations of Interest made
Moved by Councillor Tim Evans; Seconded by Councillor Viv Stoddart RESOLVED That the English and Welsh Minutes of the Meeting held on 29 August 2023 be approved as a correct record subject to the following amendment: That the applicants name be amended to D Thomas and TE Ford RESOLVED That the English and Welsh Minutes of the meeting held on 20 September 2023 be approved as a correct record.
The Committee agreed a change to the order of business as follows: That the item regarding VERVE TOURS be moved back to allow the applicant to attend remotely.
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 Licensing Sub-Committee carefully considered all the written and spoken representations made to it. It then considered the Council’s Statement of Licensing Policy and statutory guidance from the Secretary of State. It accepted the need to strike ‘an appropriate balance between the economic needs of licenced premises and the rights of local residents… to enjoy a reasonable degree of peace and quiet at noise-sensitive times’ (paragraph 5.4). The Council aspires ‘to promote live music, dance… etc. for the wider cultural benefit of the community’ (paragraph 1.11). The Council has imposed an obligation on itself to ‘consider whether the provision of live music… and entertainments are being deterred by local licensing requirements’ and if so to investigate ‘how the situation might be reversed’ (paragraph 17.14). The Sub-Committee had regard to the latest statutory guidance of the Secretary of State, issued in August 2023. In this case, 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.’ The Sub-Committee commends the applicant on the success of its business and its charitable endeavours. It acknowledges the difficulties facing pub businesses at the moment and the need for pubs to diversify. The Sub-Committee notes the objectors’ concerns, but there was no substantial evidence of noise nuisance before it today. 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 variation of a premises licence for The Cresselly Arms, Cresswell Quay, Kilgetty, Pembrokeshire. The Chair welcomed the Owner/Manager of the premises, Mr Adams and and representatives of the Cresselly Estate Mr Rees and Ms Luke to the meeting. The Chair then introduced the Solicitor who presented the hearing to the Committee. 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 Premises Licence holder advised that since the change of landlords two years ago, he had met with the Licensing Officer to ensure a correct and thorough guidance was sought to submit the application. A number of TENS had been submitted for the premises and he had not been informed of any issues or objections following these events. In response to a question from the Chair regarding live and recorded music noted on the application, the applicant advised that the variation was for live music and not recorded music with all music finishing at 2200hrs. It was noted that the current licence covers music until 2300hrs however, they would remain at 2200hrs. In response to a further comment from the Chair regarding the exterior area to the premises being used for live music, the applicant advised that the community was extremely important to the business and music would not go past 2200hrs. There was no lighting externally and it was not a premises that lent itself to live music which is the reason for the exterior area. The Applicant further advised that two applications for TENS licences had been submitted in the last 12 months with no reported problems. In response to a question from Councillor Chris Williams regarding the events, the Applicant advised that the area known as the ‘Coal Yard’ was used for various reasons including a car park, a temporary bbq area and patio area. The Chair advised of two representations regarding the noise in the ‘Coal Yard’ however, the applicant was not aware of any issues. He advised that they were a community based public house and the nearest resident frequented the premises. The Interim Public Protection Manager advised that they had not received any complaints or objections from Dyfed Powys Police or Pollution Control. In response to a concern raised by Councillor Viv Stoddart regarding the bike nights, the applicant advised that they hold fortnightly bike meets which was a social gathering between April and September, weather dependant. 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 Viv Stoddart 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 Licensing Sub-Committee carefully considered all the written and spoken representations made to it. It then considered the Council’s Statement of Licensing Policy and statutory guidance from the Secretary of State. It accepted the need to strike ‘an appropriate balance between the economic needs of licenced premises and the rights of local residents… to enjoy a reasonable degree of peace and quiet at noise-sensitive times’ (paragraph 5.4). The Council aspires ‘to promote live music, dance… etc. for the wider cultural benefit of the community’ (paragraph 1.11). The Council has imposed an obligation on itself to ‘consider whether the provision of live music… and entertainments are being deterred by local licensing requirements’ and if so to investigate ‘how the situation might be reversed’ (paragraph 17.14). The Sub-Committee had regard to the latest statutory guidance of the Secretary of State, issued in August 2023. In this case, 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.’ The Sub-Committee commends the applicant on the success of its business and its charitable endeavours. It acknowledges the difficulties facing pub businesses at the moment and the need for pubs to diversify. The Sub-Committee notes the objectors’ concerns, but there was no substantial evidence of noise nuisance before it today. 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 Licensing Sub-Committee carefully considered all the written and spoken representations made to it. The Sub-Committee may exempt a private hire vehicle from the requirement to display external plates under section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976. In deciding whether to exercise its discretion, the Sub-Committee had regard to the licensing objectives under section 4 of the Licensing Act 2003. In cases such as these, the Sub-Committee have concerns regarding the public safety of un-labelled vehicles picking up members of the public. However, the Sub-Committee is satisfied that because of the applicant’s business model, he will not be picking up members of the public off the roadside. RESOLVED That the Application be granted.
The Chair welcomed the Interim Public Protection Manager to present the application who explained the application for smaller, internal taxi plates. The Chair then welcomed the applicant to the meeting invited them to address the Sub-Committee. Mr Keith Thomas explained that he was a qualified Green Badge Tour guide having previously delivered coach tour commentary to tourists. He was now providing small pre-booked tours of Wales with individual itinerary’s, with no normal taxi or private hire work. In response to a question from the Chair regarding where the tours would take place, the applicant advised that he held qualifications for all of Dyfed and that the tours would ideally be within Pembrokeshire to avoid the additional cost of overnight accommodation. The applicant explained that the he provided bespoke tours, catered to the interests and mobility of the customer. He had previously delivered tours of castles and cathedrals via coach and that he had gained his licence and purchased the vehicle in July 2023. In response to a question from Councillor Chris Williams regarding his business model, the applicant advised that the tours can take place in Pembrokeshire or further afield throughout Dyfed. He was happy to travel across North and South Wales but for tours only. Clarification was sought by the Chair on the request for smaller plates and the applicant confirmed that it was for discretion and aesthetics. He advised that the customers were met at hotels or train stations for bookings made by phone or email. It was recognised by Councillor Viv Stoddart clarified that this formed part of the marketing to customers, that it was exclusive and that they were not in a taxi. In response to a concern from the Chair regarding the applicants taxi badge, the applicant confirmed that the badge was always on display in the vehicle. The Interim Public Protection Manager concurred that the taxi badge would always need to be available for inspectors for safeguarding of customers. Moved by Councillor Tim Evans; Seconded by Councillor Viv Stoddart 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 Licensing Sub-Committee carefully considered all the written and spoken representations made to it. The Sub-Committee may exempt a private hire vehicle from the requirement to display external plates under section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976. In deciding whether to exercise its discretion, the Sub-Committee had regard to the licensing objectives under section 4 of the Licensing Act 2003. In cases such as these, the Sub-Committee have concerns regarding the public safety of un-labelled vehicles picking up members of the public. However, the Sub-Committee is satisfied that because of the applicant’s business model, he will not be picking up members of the public off the roadside. RESOLVED That the Application be granted.
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