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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED that the Premises Licence be amended to reduce the operating times for licensable activities, to provide for the sale of alcohol Sunday to Wednesday 10.00 – 00.00 and Thursday to Saturday 10.00 – 01.00, with the premises closing half an hour later than those timings, and that the following additional conditions (as agreed between the Premises Licence Holder and the North Wales Police) be added to the licence – 1. Every Friday, Saturday, Sunday (bank holiday) and Monday (bank holiday) door supervision and premises security must be provided by an SIA contractor and must operate from 21:00 until closure and all customers have vacated and dispersed from the vicinity of the premises. 2. There must be a minimum of one member of staff trained and available to download evidence at the request of the Police or an authorised officer at all times the premises are open AND following any incident of crime and disorder AND to assist any requests made by the responsible authorities including the Police. 3. If the premises is unable to provide CCTV at the request of the police or an authorised person, licensable activities are NOT to be undertaken until the request has been fulfilled. This should be interpreted as not being fixed to the date of attendance but rather that licensable activities must cease until the request has been fulfilled, i.e. if a request is made on Monday and CCTV is provided until Friday there should not be any licensable activities between Monday and Friday. 4. A CCTV monitor to be installed at the entrance to the premises to allow active monitoring by SIA security and premises management. 5. CCTV cameras to be installed at all points of entry and exit which will capture the facial images of all people entering and leaving the premises. 6. Premises to be registered with the Information Commissioners Office for the use and provision of CCTV. 7. CCTV to monitor and capture activity at rear points of entry and egress. 8. CCTV cameras to be installed at the rear points of entry and egress which will capture the facial images of all people entering and leaving the premises. 9. CCTV to be fitted which is compliant with guidance by North Wales Police to ensure no dark or hidden areas of the premises. 10. Personal licence holder on duty at the premises at all times when licensable activities take place and to supervise all sales of alcohol. Any nominated responsible person in charge of licensable activities must be a personal licence holder. 11. The premises will only undertake licensable activities when a personal licence holder is actively on duty at the premises. Should there not be a personal licence holder on site then the sale of alcohol at the premises is not permissible. 12. Dispersal Policy that is actively implemented by the premises every evening when the premises concludes licensable activities. This should be logged with North Wales Police and the Licensing authority. It is to be reviewed every six months within a twelve-month period. 13. Incident Action plan process - That an action plan is implemented following any incident at the premises highlighting the incident, action taken, and what will be implemented to reduce the risk of further similar incidents. This will be in addition to an incident logbook utilised at the premises. This should be logged with North Wales Police and the Licensing authority. It is to be reviewed every six months within a twelve-month period. 14. All mangers, supervisors, licence holders and person involved in the sale of alcohol must undergo training with regard to conflict management; the practice of incident scene preservation for the purpose of police investigation; and ensuring the safety of staff and customers. Records of such training must be held on the premises and made available to authorised officers upon reasonable request. 15. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that: (a) The police (and, where appropriate, the local Ambulance Service) are called without delay; (b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police; (c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and (d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises. 16. Certified first aider on duty at the premises at all times - the premises will only undertake licensable activities when a certified first aider is actively on duty at the premises. Should there not be a certified first aider on site then the premises is to not undertake licensable activities. 17. Bleeding control kits - The premises to utilise bleeding control kits at the premises and that staff are certified trained in utilising said kits. 18. The rear point of entry and egress to the premises is to only be used for deliveries before 18:00 and for evacuation of the premises in the event of a fire or major/serious incident which will be reported to the responsible authorities including North Wales Police. 19. The gate/door at the rear point of entry to be fitted with a high frequency alarm which will have the capacity to record when it has been opened and for the opening to be recorded by the premises including date; time; reason; and by who. All recordings to be made available to police or an authorised person. 20. Customers not to be ejected from premises or to be permitted to leave the premises by rear points of entry and egress, unless in the evacuation of the premises in the event of a fire or major/serious incident. 21. The gate/door at the rear point of entry to be compliant with fire regulation standards. 22. Management hierarchy and chain of command with contact details to be kept on site and to be sent to North Wales Police and the Licensing Authority. Any updates will be shared with North Wales Police and responsible authorities immediately. This must include anyone who may be responsible or tasked for enforcing the premises licence conditions and promoting the four licensing objectives; keyholders; managers and associates of the premises who have access to the premises CCTV system. 23. From 21:00 – All drinks must be served or decanted into polycarbonate/ toughened / safety glass, containers. All drinking vessels used in the venue shall be made from a sustainable material other than glass. All drinks in glass bottles are to be decanted into a non-glass containers or non-glass carafes prior to being served, with the exception of champagne or bottles of spirits with a minimum size of 70cl. 24. The premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and any local radio scheme if available. 25. On Thursday, Friday and Saturday from 23:00 all customers entering the premises shall have their ID scanned on entry, save for when a biometric scanning system is in place. The details recorded shall include a live facial image capture of the customer and capture the photographic identification produced. The details recorded by the ID scanner system shall be made available to the Police and the local authority upon request. 26. The Designated Premises Supervisor and SIA registered door supervisor must be trained to use the ID scan system. Training records shall be kept and made available for inspection upon request. 27. Customer smoking shall only be permitted in the rear beer garden. The Legal Adviser conveyed the Sub Committee’s decision to all parties present and reported on the reasons for the decision as follows – Members had carefully considered the application and representations submitted in this case and were satisfied that the licensing objectives were engaged and that there was a need for action to be taken. The issues brought forward by the North Wales Police were extensive and extremely serious in their nature. Members gave particular weight to the appointment of Abbie Nelson as the Designated Premises Supervisor and acknowledged her experience and knowledge in managing other licensed premises. The appointment of Ms. Nelson had been crucial in members’ determination not to revoke or suspend the licence in this case. The Sub Committee believed the proposed additional licence conditions agreed between the Premises Licence Holder and the North Wales Police (alongside the existing licence conditions) were extensive enough to provide reassurance to the licensing authority moving forwards, and resolved to impose those conditions on the licence. Members also welcomed the voluntary measure to close the premises for a month and saw that as an opportunity for the business to reset and receive training, providing reassurance to the Sub Committee that the premises would be managed more effectively moving forwards. In terms of the other voluntary measures, members welcomed the Designated Premises Supervisor considering conditions of entry once she had the opportunity to review the situation but did not wish to impose a condition to that affect at this time. In terms of the opening hours, the evidence provided showed that incidents increased over the hours that the premises were open, and members were cognisant of the issues raised by the North Wales Police. However, they sought to balance the requirements of the business and the night-time economy in Rhyl more generally and the licensing objectives. Accordingly, members determined that it would be reasonable and proportionate to amend the hours for licensable activities, to provide for the sale of alcohol between 10.00 – 00.00 Sunday to Wednesday with the premises closing half an hour later, and on Thursday to Saturday between 10.00 – 01.00, with the premises closing half an hour later. There was a right of appeal against the Licensing Sub Committee’s decision to the Magistrates’ Court within twenty-one days. The meeting concluded at 4.00 pm.
Councillor Bobby Feeley was appointed Chair for the meeting.
Councillor Brian Jones declared a personal interest in agenda item 3 because he knew the Designated Premises Supervisor through previous charity work.
At this point the Solicitor explained the recommendation to exclude press and public from the hearing of the review application given the likely disclosure of sensitive information relating to ongoing police investigations and which may identify members of the public. On that basis it was considered that the public interest in excluding the press and public from the hearing outweighed the public interest in holding the hearing in public, it was – RESOLVED that, in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the hearing for the following item of business.
Decision as recorded
RESOLVED that the Premises Licence be amended to reduce the operating times for licensable activities, to provide for the sale of alcohol Sunday to Wednesday 10.00 – 00.00 and Thursday to Saturday 10.00 – 01.00, with the premises closing half an hour later than those timings, and that the following additional conditions (as agreed between the Premises Licence Holder and the North Wales Police) be added to the licence – 1. Every Friday, Saturday, Sunday (bank holiday) and Monday (bank holiday) door supervision and premises security must be provided by an SIA contractor and must operate from 21:00 until closure and all customers have vacated and dispersed from the vicinity of the premises. 2. There must be a minimum of one member of staff trained and available to download evidence at the request of the Police or an authorised officer at all times the premises are open AND following any incident of crime and disorder AND to assist any requests made by the responsible authorities including the Police. 3. If the premises is unable to provide CCTV at the request of the police or an authorised person, licensable activities are NOT to be undertaken until the request has been fulfilled. This should be interpreted as not being fixed to the date of attendance but rather that licensable activities must cease until the request has been fulfilled, i.e. if a request is made on Monday and CCTV is provided until Friday there should not be any licensable activities between Monday and Friday. 4. A CCTV monitor to be installed at the entrance to the premises to allow active monitoring by SIA security and premises management. 5. CCTV cameras to be installed at all points of entry and exit which will capture the facial images of all people entering and leaving the premises. 6. Premises to be registered with the Information Commissioners Office for the use and provision of CCTV. 7. CCTV to monitor and capture activity at rear points of entry and egress. 8. CCTV cameras to be installed at the rear points of entry and egress which will capture the facial images of all people entering and leaving the premises. 9. CCTV to be fitted which is compliant with guidance by North Wales Police to ensure no dark or hidden areas of the premises. 10. Personal licence holder on duty at the premises at all times when licensable activities take place and to supervise all sales of alcohol. Any nominated responsible person in charge of licensable activities must be a personal licence holder. 11. The premises will only undertake licensable activities when a personal licence holder is actively on duty at the premises. Should there not be a personal licence holder on site then the sale of alcohol at the premises is not permissible. 12. Dispersal Policy that is actively implemented by the premises every evening when the premises concludes licensable activities. This should be logged with North Wales Police and the Licensing authority. It is to be reviewed every six months within a twelve-month period. 13. Incident Action plan process - That an action plan is implemented following any incident at the premises highlighting the incident, action taken, and what will be implemented to reduce the risk of further similar incidents. This will be in addition to an incident logbook utilised at the premises. This should be logged with North Wales Police and the Licensing authority. It is to be reviewed every six months within a twelve-month period. 14. All mangers, supervisors, licence holders and person involved in the sale of alcohol must undergo training with regard to conflict management; the practice of incident scene preservation for the purpose of police investigation; and ensuring the safety of staff and customers. Records of such training must be held on the premises and made available to authorised officers upon reasonable request. 15. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that: (a) The police (and, where appropriate, the local Ambulance Service) are called without delay; (b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police; (c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and (d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises. 16. Certified first aider on duty at the premises at all times - the premises will only undertake licensable activities when a certified first aider is actively on duty at the premises. Should there not be a certified first aider on site then the premises is to not undertake licensable activities. 17. Bleeding control kits - The premises to utilise bleeding control kits at the premises and that staff are certified trained in utilising said kits. 18. The rear point of entry and egress to the premises is to only be used for deliveries before 18:00 and for evacuation of the premises in the event of a fire or major/serious incident which will be reported to the responsible authorities including North Wales Police. 19. The gate/door at the rear point of entry to be fitted with a high frequency alarm which will have the capacity to record when it has been opened and for the opening to be recorded by the premises including date; time; reason; and by who. All recordings to be made available to police or an authorised person. 20. Customers not to be ejected from premises or to be permitted to leave the premises by rear points of entry and egress, unless in the evacuation of the premises in the event of a fire or major/serious incident. 21. The gate/door at the rear point of entry to be compliant with fire regulation standards. 22. Management hierarchy and chain of command with contact details to be kept on site and to be sent to North Wales Police and the Licensing Authority. Any updates will be shared with North Wales Police and responsible authorities immediately. This must include anyone who may be responsible or tasked for enforcing the premises licence conditions and promoting the four licensing objectives; keyholders; managers and associates of the premises who have access to the premises CCTV system. 23. From 21:00 – All drinks must be served or decanted into polycarbonate/ toughened / safety glass, containers. All drinking vessels used in the venue shall be made from a sustainable material other than glass. All drinks in glass bottles are to be decanted into a non-glass containers or non-glass carafes prior to being served, with the exception of champagne or bottles of spirits with a minimum size of 70cl. 24. The premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and any local radio scheme if available. 25. On Thursday, Friday and Saturday from 23:00 all customers entering the premises shall have their ID scanned on entry, save for when a biometric scanning system is in place. The details recorded shall include a live facial image capture of the customer and capture the photographic identification produced. The details recorded by the ID scanner system shall be made available to the Police and the local authority upon request. 26. The Designated Premises Supervisor and SIA registered door supervisor must be trained to use the ID scan system. Training records shall be kept and made available for inspection upon request. 27. Customer smoking shall only be permitted in the rear beer garden. The Legal Adviser conveyed the Sub Committee’s decision to all parties present and reported on the reasons for the decision as follows – Members had carefully considered the application and representations submitted in this case and were satisfied that the licensing objectives were engaged and that there was a need for action to be taken. The issues brought forward by the North Wales Police were extensive and extremely serious in their nature. Members gave particular weight to the appointment of Abbie Nelson as the Designated Premises Supervisor and acknowledged her experience and knowledge in managing other licensed premises. The appointment of Ms. Nelson had been crucial in members’ determination not to revoke or suspend the licence in this case. The Sub Committee believed the proposed additional licence conditions agreed between the Premises Licence Holder and the North Wales Police (alongside the existing licence conditions) were extensive enough to provide reassurance to the licensing authority moving forwards, and resolved to impose those conditions on the licence. Members also welcomed the voluntary measure to close the premises for a month and saw that as an opportunity for the business to reset and receive training, providing reassurance to the Sub Committee that the premises would be managed more effectively moving forwards. In terms of the other voluntary measures, members welcomed the Designated Premises Supervisor considering conditions of entry once she had the opportunity to review the situation but did not wish to impose a condition to that affect at this time. In terms of the opening hours, the evidence provided showed that incidents increased over the hours that the premises were open, and members were cognisant of the issues raised by the North Wales Police. However, they sought to balance the requirements of the business and the night-time economy in Rhyl more generally and the licensing objectives. Accordingly, members determined that it would be reasonable and proportionate to amend the hours for licensable activities, to provide for the sale of alcohol between 10.00 – 00.00 Sunday to Wednesday with the premises closing half an hour later, and on Thursday to Saturday between 10.00 – 01.00, with the premises closing half an hour later. There was a right of appeal against the Licensing Sub Committee’s decision to the Magistrates’ Court within twenty-one days. The meeting concluded at 4.00 pm.
A report (previously circulated) was submitted upon – (i) an application having been received from the North Wales Police for the Review of a Premises Licence in respect of The North Wales Inn (Tinkers), 27 Wellington Road, Rhyl held by Mr. James Tinker; (ii) the grounds for review as stated on the application being as follows – ‘The premises has failed to promote the Licensing Objectives: the Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance. The premises has breached the Licensing Act 2003 and the premises has failed to comply with the following conditions of the Premises Licence, Appendix A. The following conditions have been evidently breached: 1.g) Images from the CCTV system will be made available to Police or Local Authority Officers on demand.’ full details of the Review Application having been attached as Appendix B to the report but in summary related to – · 33 police occurrences associated with the premises since the current Premises Licence Holder had taken over in July 2024 including assault, drug use and violence together with 17 submissions of intelligence relating to drug sales/use at the premises and serious violence · following one particular incident on 7 August 2025 the Premises Licence Holder having refused to produce CCTV footage as requested on multiple occasions (CCTV footage having finally been produced following submission of the Review Application which formed part of the review) · further CCTV evidence having been submitted relating to another serious incident on 25 August 2025 · failure of the Premises Licence Holder to notify the Police of multiple incidents at the premises and his unwillingness to engage with the Police · reference to the Designated Premises Supervisor (DPS) history with the current DPS Abbie Nelson having been in post since September 2025 · a Summary of Incidents associated with the Premises having been produced (Appendix C to the report); (iii) in view of the incidents the Police had serious concerns regarding the management of the premises, the safety of members of public, staff, security and members of the responsible authorities. Consequently, the Police requested members consider full revocation of the licence, or if revocation was not deemed appropriate, to reduce operating times for licensable activities Monday to Sunday 11.00 – 23.00 along with additional proposed conditions to be imposed on the Premises Licence as detailed in Appendix D to the report; (iv) one written representation in support of the Police’s application having been received from Betsi Cadwaladr University Health Board in response to the requisite public notice of the Review Application and raising concerns over the number of serious incidents related to the premises, the lack of processes in place, including appropriate training and reporting to the Police, along with a lack of ability to deal with the incidents (Appendix E to the report); (v) the need to consider the Review Application taking due account of the Council’s Statement of Licensing Policy; Guidance issued by the Secretary of State; other relevant legislation and representations received, and (vi) the options available to the Sub Committee when determining the application. The Lead Officer Licensing summarised the report and facts of the case. She also drew attention to the late supplementary information provided by the Premises Licence Holder (circulated prior to the meeting) which included the new DPS’s CV; drinks price list; press articles regarding pub closures together with updated proposed additional licensing conditions (alongside existing conditions) agreed between the Premises Licence Holder and the North Wales Police (48 conditions in total, 27 proposed additional conditions) which differed slightly to the proposed conditions detailed in Appendix D to the report, and two voluntary measures. APPLICANT’S (NORTH WALES POLICE) SUBMISSION Mr. Aaron Haggas, Police Licensing Manager was in attendance on behalf of the North Wales Police (NWP). The NWP had put forward the Review Application following the failure of the premises to promote the licensing objectives. The challenging nature of managing customers at times was accepted and the NWP endeavoured to work with licensed premises and had tried to engage with the premises in that regard. Whilst Mr. Tinker had been amenable to the concerns raised, he failed to understand it was his responsibility to manage a safe venue and abide by the licensing objectives. Mr. Haggas guided members through the sequence of events leading up to the Review Application and NWP’s concerns in relation to the premises which included the behaviour of staff and drug supply/use at the premises, incidents of violence, public disorder and criminal activity, and inconsistent reporting to the Police with matters being contained in-house with little action and concern for public safety. Full attendance at PubWatch was expected and Mr. Tinker had not attended the last PubWatch meeting and had been late to the previous meeting. Mr. Haggas also elaborated on the list of incidents at the premises (Appendix C to the report) of which 25 incidents had occurred after midnight with little done to manage violence and criminality with a lack of engagement with the NWP including refusal to provide CCTV evidence, and specific reference to incidents on 7 and 25 August 2025. Given the serious concerns of the NWP consideration had been given to a closure order but on balance it was considered a Review Application would suffice. However, incidents had continued, and it was submitted that the current operating schedule and licensing hours and activities presented a risk to staff and customers. The premises did not promote the licensing objectives and could have a detrimental impact on the nighttime economy in Rhyl. A constructive meeting had been held the previous week with Mr. Tinker and his representatives with details of the agreement of additional conditions circulated to members in the late supplementary information and voluntary measure to close the premises to act as a circuit breaker and clean broom. However, due to the number of incidents beyond midnight the NWP had concerns regarding licensing hours after this time and believed at this time the licensing hours should be curtailed and the opportunity given to put new measures in place to ensure a safer and more economically viable premises. Members put questions to Mr. Haggas who responded as follows – · the failure of Mr. Tinker to provide CCTV footage at the time it was requested by the NWP was a clear breach of licensing conditions and the CCTV footage was not provided until some considerable time later · the NWP aspired to work with licensed premises in the promotion of the licensing objectives and address areas of concern; closure orders were used for very serious incidents of crime and disorder and at the time the concern was lack of engagement from the licence holder but not serious risk; an expedited review had also been considered but on balance it was felt a full review would be more appropriate · given all members had already had sight of the full CCTV footage submitted in evidence there would be little merit in replaying that footage during the hearing itself and a summary of that evidence was provided including the clear failure of the premises to manage customers and properly deal with disorder. It was confirmed that Mr. Tinker and his representatives were content that the CCTV did not need to be played within the hearing. REPRESENTATIONS FROM RESPONSIBLE AUTHORITIES One written representation had been received from Betsi Cadwaladr University Health Board (BCUHB) (Appendix E to the report) raising concerns over the number of serious incidents related to the premises, the lack of processes in place, including appropriate training and reporting to the Police, along with a lack of ability to deal with the incidents. In the absence of a representative from the Health Board in attendance at the meeting, the written representations were taken as read. PREMISES LICENCE HOLDER’S REPRESENTATION Mr. James Tinker, Premises Licence Holder was in attendance and represented by Mr. George Domleo of Flint Bishop Solicitors. Ms. Abbie Nelson, Designated Premises Supervisor was also in attendance. Mr. Domleo accepted there had been incidents at the premises but hoped revocation of the licence could be avoided and that sufficient reassurance would be provided that the licensing objectives would be promoted in the future. His client recognised the need for change which could be evidenced by the raft of proposed conditions agreed with the NWP with changes already implemented including new CCTV and appointment of an experienced DPS. It was evident in the meeting with the NWP that there was an opportunity to maintain the Premises Licence with robust measures in place. The only outstanding issue related to licensing hours. The need for a clean broom at the premises was agreed and there were no issues with any of Mr. Tinker’s other venues. Clarification on previous DPS involvement in the premises was provided with an experienced and respected DPS having now been appointed with day-to-day management of the premises and a clear management hierarchy within the agreed conditions. Reference was made to the proposed robust additional conditions alongside existing conditions with a number of those conditions highlighted to provide reassurance going forward demonstrating how they would address particular concerns and promote the licensing objectives. In addition, voluntary measures had been proposed and accepted by the NWP which included closure of the premises for a period to act as a circuit breaker during which staff training would be provided and refurbishment together with a potential condition of entry to the premises implemented. Most staff employed at the time of the Review Application had been removed and a door staff company sought. Whilst not making light of the incidents it was pointed out that there were a number of duplications and some of the incidents had occurred outside of the premises and the Police had been called on occasions. In dealing with incidents at the premises additional CCTV had been installed and a dispersal policy introduced together with staff training and new experienced DPS. In addition, a reduction in the opening hours was offered as follows – Sunday to Wednesday terminal licensing hours of 01.00 with the premises closing at 01.30, with Thursday to Saturday hours retained. It was submitted that a two-hour reduction was a proportionate step given the robust raft of additional conditions and that 15 of the 35 incidents had occurred during the week. It was believed this measure would assist and provide some reassurance and it was important to find a balance that was both proportionate and ensured survival of the premises given the pressure on the industry. Finally, Mr. Domleo reiterated that the measures being put in place demonstrated significant steps and the lack of incidents in the last 4/5 weeks showed evidence of control. Remorse was expressed that people had come to harm in the premises and the way in which the request for CCTV had been dealt with and further explanation provided in that regard. Whilst an agreement had been reached on the additional conditions the outstanding issue remained the opening hours and the need to be proportionate in that regard was restated. Assurances were provided that the premises wished to work in partnership with the Police going forward in promotion of the licensing objectives and to operate the premises responsibly. Mr. Tinker also addressed the Sub Committee and raised the following points – · highlighted occasions where he had acted responsibly and proactively including measures implemented at the premises to promote the licensing objectives · explained why he had not provided the CCTV footage when requested but had agreed to provide it the following day · he was committed to improvement and promotion of the licensing objectives · disputed there was a widespread drug issue at the premises referencing one isolated incident where action had been taken · more serious incidents happened in other licensed premises in the locality · the crime map submitted by BCUHB was misleading and included other licensed premises with more incidents and binge drinking was not promoted; two ambulance reports referred to one person who had a medical condition and which was not alcohol related · he had phoned the NWP on numerous occasions and the Police had not attended or called back · staff had helped resolve matters outside of the premises and had given first aid · the premises operated as a late-night venue and was a feeder bar with customers already intoxicated after leaving other premises · whilst there had been occasions in the past where incidents could have been handled better there had been no incidents at the premises in the last few weeks with clear improvement demonstrated · he did not consider there to be sufficient evidence for revocation · he operated two other licensed premises and always intended to work alongside the Police and not against them and reducing hours would put risk elsewhere. Mr. Tinker responded to questions confirming he regularly attended PubWatch meetings and explained why he had not attended the last meeting and had been late to the previous meeting. He also reported on his other two licensed premises which operated without incident and believed in this case he had taken on a bar which had a history of incidents and required better management procedures which were being implemented. He was looking to grow his business in Denbighshire. Mr. Haggas added that one of Mr. Tinker’s other two licensed premises was not operating consistently, and the other was seasonal. Mr. Tinker made reference to alleged incidents relating to other premises, and Members were advised that this could not be taken into account in their deliberations. APPLICANT’S (NORTH WALES POLICE) FINAL STATEMENT Mr. Haggas reported that he had been grateful to work with the premises the previous week and highlighted the importance of licensed premises operating appropriately. Whilst Mr. Tinker was an enthusiastic business-person he had struggled to run this particular venue and there was a need to ensure it was operated appropriately and complemented the licensing economy of Rhyl. The issue related to serious incidents late in the evening and measures needed to be in place to safeguard the venue, its staff and customers, and the licensing economy and to consider the time for licensable activities because the concern was that they were consistent with the time the premises was open. The correlation of the intelligence received in relation to the incident on 7 August should be given serious consideration when crime and disorder incidents were not reported together with refusal to provide CCTV footage with the safeguard of Police presence. Robust conditions were required to support the premises together with appropriate times for licensable activities and a DPS to enact significant change. The opportunity was there for the for the premises to be successful and attract a healthy customer base, but the promotion of the licensing objectives must be prioritised. ADJOURNMENT TO CONSIDER THE APPLICATION At this juncture (3.20 pm) the Chair closed the meeting to all other parties and the Licensing Sub Committee retired to consider the application in private session. DECISION AND REASONS FOR THE DECISION RESOLVED that the Premises Licence be amended to reduce the operating times for licensable activities, to provide for the sale of alcohol Sunday to Wednesday 10.00 – 00.00 and Thursday to Saturday 10.00 – 01.00, with the premises closing half an hour later than those timings, and that the following additional conditions (as agreed between the Premises Licence Holder and the North Wales Police) be added to the licence – 1. Every Friday, Saturday, Sunday (bank holiday) and Monday (bank holiday) door supervision and premises security must be provided by an SIA contractor and must operate from 21:00 until closure and all customers have vacated and dispersed from the vicinity of the premises. 2. There must be a minimum of one member of staff trained and available to download evidence at the request of the Police or an authorised officer at all times the premises are open AND following any incident of crime and disorder AND to assist any requests made by the responsible authorities including the Police. 3. If the premises is unable to provide CCTV at the request of the police or an authorised person, licensable activities are NOT to be undertaken until the request has been fulfilled. This should be interpreted as not being fixed to the date of attendance but rather that licensable activities must cease until the request has been fulfilled, i.e. if a request is made on Monday and CCTV is provided until Friday there should not be any licensable activities between Monday and Friday. 4. A CCTV monitor to be installed at the entrance to the premises to allow active monitoring by SIA security and premises management. 5. CCTV cameras to be installed at all points of entry and exit which will capture the facial images of all people entering and leaving the premises. 6. Premises to be registered with the Information Commissioners Office for the use and provision of CCTV. 7. CCTV to monitor and capture activity at rear points of entry and egress. 8. CCTV cameras to be installed at the rear points of entry and egress which will capture the facial images of all people entering and leaving the premises. 9. CCTV to be fitted which is compliant with guidance by North Wales Police to ensure no dark or hidden areas of the premises. 10. Personal licence holder on duty at the premises at all times when licensable activities take place and to supervise all sales of alcohol. Any nominated responsible person in charge of licensable activities must be a personal licence holder. 11. The premises will only undertake licensable activities when a personal licence holder is actively on duty at the premises. Should there not be a personal licence holder on site then the sale of alcohol at the premises is not permissible. 12. Dispersal Policy that is actively implemented by the premises every evening when the premises concludes licensable activities. This should be logged with North Wales Police and the Licensing authority. It is to be reviewed every six months within a twelve-month period. 13. Incident Action plan process - That an action plan is implemented following any incident at the premises highlighting the incident, action taken, and what will be implemented to reduce the risk of further similar incidents. This will be in addition to an incident logbook utilised at the premises. This should be logged with North Wales Police and the Licensing authority. It is to be reviewed every six months within a twelve-month period. 14. All mangers, supervisors, licence holders and person involved in the sale of alcohol must undergo training with regard to conflict management; the practice of incident scene preservation for the purpose of police investigation; and ensuring the safety of staff and customers. Records of such training must be held on the premises and made available to authorised officers upon reasonable request. 15. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that: (a) The police (and, where appropriate, the local Ambulance Service) are called without delay; (b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the Police; (c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the Police; and (d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises. 16. Certified first aider on duty at the premises at all times - the premises will only undertake licensable activities when a certified first aider is actively on duty at the premises. Should there not be a certified first aider on site then the premises is to not undertake licensable activities. 17. Bleeding control kits - The premises to utilise bleeding control kits at the premises and that staff are certified trained in utilising said kits. 18. The rear point of entry and egress to the premises is to only be used for deliveries before 18:00 and for evacuation of the premises in the event of a fire or major/serious incident which will be reported to the responsible authorities including North Wales Police. 19. The gate/door at the rear point of entry to be fitted with a high frequency alarm which will have the capacity to record when it has been opened and for the opening to be recorded by the premises including date; time; reason; and by who. All recordings to be made available to police or an authorised person. 20. Customers not to be ejected from premises or to be permitted to leave the premises by rear points of entry and egress, unless in the evacuation of the premises in the event of a fire or major/serious incident. 21. The gate/door at the rear point of entry to be compliant with fire regulation standards. 22. Management hierarchy and chain of command with contact details to be kept on site and to be sent to North Wales Police and the Licensing Authority. Any updates will be shared with North Wales Police and responsible authorities immediately. This must include anyone who may be responsible or tasked for enforcing the premises licence conditions and promoting the four licensing objectives; keyholders; managers and associates of the premises who have access to the premises CCTV system. 23. From 21:00 – All drinks must be served or decanted into polycarbonate/ toughened / safety glass, containers. All drinking vessels used in the venue shall be made from a sustainable material other than glass. All drinks in glass bottles are to be decanted into a non-glass containers or non-glass carafes prior to being served, with the exception of champagne or bottles of spirits with a minimum size of 70cl. 24. The premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and any local radio scheme if available. 25. On Thursday, Friday and Saturday from 23:00 all customers entering the premises shall have their ID scanned on entry, save for when a biometric scanning system is in place. The details recorded shall include a live facial image capture of the customer and capture the photographic identification produced. The details recorded by the ID scanner system shall be made available to the Police and the local authority upon request. 26. The Designated Premises Supervisor and SIA registered door supervisor must be trained to use the ID scan system. Training records shall be kept and made available for inspection upon request. 27. Customer smoking shall only be permitted in the rear beer garden. The Legal Adviser conveyed the Sub Committee’s decision to all parties present and reported on the reasons for the decision as follows – Members had carefully considered the application and representations submitted in this case and were satisfied that the licensing objectives were engaged and that there was a need for action to be taken. The issues brought forward by the North Wales Police were extensive and extremely serious in their nature. Members gave particular weight to the appointment of Abbie Nelson as the Designated Premises Supervisor and acknowledged her experience and knowledge in managing other licensed premises. The appointment of Ms. Nelson had been crucial in members’ determination not to revoke or suspend the licence in this case. The Sub Committee believed the proposed additional licence conditions agreed between the Premises Licence Holder and the North Wales Police (alongside the existing licence conditions) were extensive enough to provide reassurance to the licensing authority moving forwards, and resolved to impose those conditions on the licence. Members also welcomed the voluntary measure to close the premises for a month and saw that as an opportunity for the business to reset and receive training, providing reassurance to the Sub Committee that the premises would be managed more effectively moving forwards. In terms of the other voluntary measures, members welcomed the Designated Premises Supervisor considering conditions of entry once she had the opportunity to review the situation but did not wish to impose a condition to that affect at this time. In terms of the opening hours, the evidence provided showed that incidents increased over the hours that the premises were open, and members were cognisant of the issues raised by the North Wales Police. However, they sought to balance the requirements of the business and the night-time economy in Rhyl more generally and the licensing objectives. Accordingly, members determined that it would be reasonable and proportionate to amend the hours for licensable activities, to provide for the sale of alcohol between 10.00 – 00.00 Sunday to Wednesday with the premises closing half an hour later, and on Thursday to Saturday between 10.00 – 01.00, with the premises closing half an hour later. There was a right of appeal against the Licensing Sub Committee’s decision to the Magistrates’ Court within twenty-one days. The meeting concluded at 4.00 pm.
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