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The Chair welcomed all to the meeting.
There were no declarations of interest received.
3. Application for the Review of a Premises Licence Members were asked to consider an application for the review of the premises licence for the Crown Inn. Premises Name Crown Inn Premises Address 244 Neath Road, Briton Ferry, Neath, SA11 2AX Premises Licence Holder Name Admiral Taverns Piccadilly Limited DPS Name Nicola Lewis Applicant Name Mr Nicholas Bailey Applicant Address South Wales Police, Western BCU, Neath Police Station, Gnoll Park Road, Neath, SA11 3BW At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed. Ms Catherine Cody, Legal Regulatory Services officer, introduced the report and outlined the key points in relation to the review. Mr Nicholas Bailey, for and on behalf of the Applicant (South Wales Police), attended the meeting, and presented evidence and answered questions. Mr Peter Malough, for and on behalf of the Legal Regulatory Service, attended the meeting and made representations. Ms Rebecca Farley, for an on behalf of the Premises Licence Holder, attended the meeting, made representations and answered questions. Decision: With a view to ensuring the promotion of the four licensing objectives, and in accordance with the principles of the Council’s own ‘Statement of Licensing Policy (2021)’, and the provisions of the Statutory Guidance issued under s.182 of the Licensing Act 2003, the Sub-Committee resolved that the conditions of the Premises Licence should be Modified, pursuant to s.52(4)(a) of the Licensing Act 2003, subject to the conditions outlined in the report which had been agreed between South Wales Police, Legal Regulatory Service and the Premises Licence Holder. Condition[s] imposed by the Committee after a hearing • The following condition[s] will be added to the Premises Licence, namely: a. A Digital CCTV system shall be installed, or existing system maintained, at the Premises, which will be operational at all times when the Premises is open to the public, and capable of providing pictures/photographs of evidential quality in all lighting conditions, particularly facial identification. The CCTV recordings must be correctly timed and date stamped, and retained for a period of 31 days, and made available for viewing by the Police, authorised officer(s) of the Council or other Responsible Authorities, on request; The system must provide coverage of the following areas: i. The exterior perimeter of the Premises; ii. The entrance(s) and exit(s) to the Premises; and iii. The interior public areas of the Premises. b. A staff member from the Premises, who is conversant with the operation of the CCTV system shall be on the Premises at all times when the Premises is open to the public. This staff member must be able to show and provide the Police, authorised officer(s) of the Council or Responsible Authorities copies of recent data or CCTV recordings (including footage, images and/or data) in a recordable format either to a USB and/or on-line evidence facility and/or a disk as soon as reasonably practicable in accordance with the Data Protection Act 2018 and/or UK-GDPR (or any replacement legislation); c. A refusal record shall be maintained recording the date and time of all attempts by persons under the age of 18 to purchase alcohol and of any other refused sales. The record shall be made available for inspection by the Police, authorised officer(s) of the Council or Responsible Authorities on request; d. An incident recording book (whether kept in written or electronic form) shall be kept and maintained on the Premises and made available on request to the Police, authorised officer(s) of the Council or Responsible Authorities, which will record the following: i. Date and time of all assaults; ii. Date and time of all injuries; iii. Date and time of all accidents; iv. Date and time of all interventions by staff; v. Date and time of all ejections of patrons; vi. Date and time of all incidents of disorder; vii. Date and time of all complaints received; viii. Date and time of any faults in the CCTV system; ix. All the staff involved with any of the above; and x. The action/outcome of any of the above. e. The Premises Licence Holder will risk assess the need for Security Industry Authority (“SIA”) door supervisors and provide door supervision between such times and in such numbers as is required by the risk assessment. All SIA registered door supervisors shall also display their SIA licence in a reflective armband whilst on duty; f. A log shall be kept of the door supervisors working including their full name, address, SIA licence number, company and the dates and times they operate. The log shall be made available for inspection on request by the Police, authorised officer(s) of the Council or Responsible Authorities; g. Where alcohol sales are made under a Personal Licence Holder’s delegated authority, a written record of the delegation of authority must be maintained on the Premises. The record of delegation shall be made available for inspection by the Police, authorised officer(s) of the Council or Responsible Authorities on request. The record must include: i. The name of the Personal Licence Holder delegating the authority; ii. The Personal Licence number and issuing authority; iii. The name(s) of the person duly supervised; iv. The date the delegated person receives training on their responsibilities under the Licensing Act 2004; v. The signatures of both persons; h. The beer garden and any other outside areas shall not be used after 22:00hrs; i. During times when amplified music is being played at the Premises: i. All windows shall be kept closed; ii. All doors shall be kept closed, except the outer doors of a double door entry system; j. Clearly legible signs shall be prominently displayed in the beer garden and any other outside area, where they can easily be seen and read by customers. The signs shall specify the times when these areas are not to be used. The signage shall be kept free from obstructions at all times; k. Clearly legible signs shall be prominently displayed in the beer garden and any other outside area, where they can easily be seen and read by customers. These signs shall request patrons to keep noise levels to a minimum as to minimise the impact on local residents. The signage shall be kept free from obstructions at all times; l. A Challenge 25 policy shall be operated at the Premises. Staff selling alcohol shall request that any customer who looks under 25 years old, and who is attempting to purchase or consume alcohol, provides valid photographic identification proving that they are at least 18 years old. The only acceptable forms of identification are recognised photographic identification cards which bears their photograph, date of birth and a holographic mark such as: i. Any Proof of Age card with the PASS hologram, citizen card; ii. Proof GB; iii. Photographic driving licence or passport; m. Clearly legible signs shall be prominently displayed, where they can easily be seen and read by customers, stating to the effect that a Challenge 25 Policy is in operation at the Premises, that customers may be asked to provide proof of age, and what the acceptable forms of proof of age are. The signage shall be kept free from obstructions at all times; n. Access of persons under the age of 18 shall not be permitted to the Premises when the Premises is open for business; Reasons In reaching a determination, the Sub-Committee concluded the following: • Members were mindful that this was a review of the Premises Licence, and not a hearing to penalise the Premises Licence Holder for previous behaviour. The aim was to establish the causes identified by the representations and synthesise remedial action geared toward allaying those causes proportionately. • South Wales Police raised three primary licensing objectives: the prevention of crime and disorder; public safety; and the protection of children from harm. Members were minded that any action they took as a result of the review must be evidence-based and proportionate. • Members were encouraged that the parties had conducted fruitful negotiations and had proposed conditions designed to reflect the Licensing Objectives. Moreover, the Premises Licence Holder had listened and already implemented the proposed conditions. For months, there had been no complaints – a point Members welcomed. • Members had to consider whether the agreed proposed conditions were legitimate, reasonable and proportional. • The Committee considered the Licensing Objectives to be of paramount concern, and it was satisfied that the Premises’ actions had undermined those objectives. • The Committee was reminded of the decision in R (on the application of Hope and Glory Public House Ltd) –v– City of Westminster Magistrates’ Court and Others [2011] EWCA Civ 31, in which the Court of Appeal held that deciding what (if any) conditions should be attached to a licence as necessary and proportionate to the promotion of the statutory licensing objectives was essentially a matter of judgment rather than a matter of pure fact. • In R (on the application of Daniel Thwaites plc) –v– Wirral Borough Magistrates’ Court [2008] EWHC 838 (Admin), Black J. made it clear that Responsible Authorities are experts. Subsequently, Members must consider the Responsible Authorities’ evidence and recognise that it holds significant weight. • It was clear to Members that Soth Wales Police and the Legal Regulatory Service wanted to work with the Premises Licence Holder to rectify the issues at the Premises, rather than seek its demise, and their measured attitude towards the proposed conditions illustrated that. • Overall, the Sub-Committee considered that the representations and evidence from South Wales Police, the Legal Regulatory Service and the Premises Licence Holder compelling and relevant. The Committee believed the conditions were fair and proportionate. Some conditions had been tightened, which, it was hoped, would benefit all parties and ensure compliance with the Licensing Objectives. • Members were satisfied with the expertise and experience of South Wales Police and the Legal Regulatory Service. • The best and most efficient solution was to accept all the agreed proposed conditions. This was necessary to safeguard children, prevent crime and disorder and to ensure public safety. • Members believed there was a clear need for bridge building, and there would be no excuse if the imposed conditions were subsequently breached. The robust conditions proposed and attached to the Licence were a proportionate response.
There were no urgent items received.
To resolve to exclude the public for the following items pursuant to Regulation 4 (3) and (5) of Statutory Instrument 2001 No. 2290 and the relevant exempt paragraphs of Part 4 of Schedule 12A to the Local Government Act 1972
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