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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 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’s deliberations have been made much more straightforward by the indications provided by the management of the premises, who have indicated that the sunset bar part of the premises licence can be removed from the premises licence, and from the applicant for the review, that its removal would be an acceptable way of dealing with the issue of public nuisance. For the record, the sub-committee has concluded that the application for the review was properly made and the sub-committee finds that the evidence of public nuisance is made out, and that in other circumstances a different conclusion may have been reached. Effectively by consent, but still a formal decision of the sub-committee on review, which there must be following a review, the sub-committee has resolved that the sunset bar part of the premises licence be removed in its entirety from the premises licence, so that in effect the premises licence reverts to its previous licensed area. The sub-committee does not consider that there is any requirement to alter or amend any other premises licence conditions or to consider any of the other options available to the sub-committee. Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter The vote, undertaken by way of a show of hands, was carried. RESOLVED That the Sunset Bar part of the premises licence be removed in its entirety from the premises licence, so that in effect the premises licence reverts to its previous licenced area.
There were no declarations of interest made.
Decision as recorded
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’s deliberations have been made much more straightforward by the indications provided by the management of the premises, who have indicated that the sunset bar part of the premises licence can be removed from the premises licence, and from the applicant for the review, that its removal would be an acceptable way of dealing with the issue of public nuisance. For the record, the sub-committee has concluded that the application for the review was properly made and the sub-committee finds that the evidence of public nuisance is made out, and that in other circumstances a different conclusion may have been reached. Effectively by consent, but still a formal decision of the sub-committee on review, which there must be following a review, the sub-committee has resolved that the sunset bar part of the premises licence be removed in its entirety from the premises licence, so that in effect the premises licence reverts to its previous licensed area. The sub-committee does not consider that there is any requirement to alter or amend any other premises licence conditions or to consider any of the other options available to the sub-committee. Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter The vote, undertaken by way of a show of hands, was carried. RESOLVED That the Sunset Bar part of the premises licence be removed in its entirety from the premises licence, so that in effect the premises licence reverts to its previous licenced area.
The Sub-Committee considered a report by the Director of Community Services regarding an application for the review of the Premises Licence at Cocos Restaurant and Sunset Bar in Milford Haven regarding the Licensing Objective of the Prevention of Public Nuisance. The Chair welcomed the Solicitor to the meeting who advised that the application had been made by the Pollution Control Officer. The Lead Officer (Licensing) explained to the Sub-Committee that the review was under Section 51 and that the last day for representations had been 28 February 2023. The Pollution Control Officer then explained the changes that had taken place and the communication that had been had with the Licence Holders noting five complaints received from residents who live within the vicinity of the Sunset Bar. He advised that following the decision of the Licence Holders to have live music, complaints had been received. The Chair then welcomed the Premises Licence Holders to the meeting and invited them to address the Sub-Committee, including answering questions and the key points were highlighted as follows: · The Licence Holders advised that they were new to the licensing trade having been employed as a plumber and electrician. · On receipt of a letter of complaint, they had met with the Pollution Control Officer and had noted the decibels at various points in the vicinity of the Restaurant and the Pollution Control Officer had made comment that he could not hear the music. · Different Acts within the Bar and Restaurant would have a different impact. · In response to a question from Councillor David Bryan regarding the time restriction on when live music can be played, the Licence Holders advised that 2100hrs was the shut off time. · The Licence Holders explained that there were other organisations and youngsters that play music outside of their building and the Port Authority had been made aware of this. · The Licence Holders felt that they were being targeted by one resident who had left negative reviews on Trip Adviser, had contacted the Port Authority and Food Hygiene. · In response to a question from Councillor Bryan regarding not responding to letters from the Pollution Control Officer, the Licence Holders advised that they had only received one noise abatement letter and had responded. · In response to a concern raised by the Chair regarding the 2100hrs live music licence condition and that Officers had visited and reported live music playing at 2128hrs, the Licence Holders explained that recorded music was played as background music. The Lead Officer (Licensing) advised that background music was not licensable. · In response to a question from Councillor Mark Carter regarding staffing levels, the Licence Holders advised that they had sufficient staff in place and increased security staff during big events. · In response to a question from the Chair regarding the Sunset Bar and structure being removed, the Licence Holders explained that the structure had been closed and stripped. · In response to a question from the Chair regarding the location of the structure, the Licence Holders explained that it was a Grade 2 listed building with no possibility of creating an outdoor space for patrons during the pandemic hence the external structure. · In response to a question from Councillor Carter regarding the removal of the structure, the Licence Holders confirmed that once the structure has been removed the lease had already been handed back to the owner. · In response to a question raised by Councillor Carter regarding the effect of taking Sunset Bar off the licence, the Licence Holders advised that when live music events have been held in Cocos Restaurant there had been no reported issues. Partly due to the 2’ thick structure. At this juncture, the Licence Holders requested that the Sunset Bar be removed from the Licence in its entirety. · In response to a concern raised by the Chair regarding Officer visits to Cocos Restaurant, the Lead Officer (Licensing) advised that she was not aware of any issues. · In response to a question from Councillor David Bryan regarding the partnership and complaint handling, the Licence Holders advised that they were 50:50 partners and that there was not a complaints book in place however, any issues are notified to them by the staff on site. · In response to a concern raised by Councillor Mark Carter regarding off sales consumption, the Lead Officer (Licensing) advised that the Licence Holders would not have jurisdiction of areas not within their licence and the area would still be able to be used for off sales consumption from supermarkets. The Licence Holders thanked the Sub-Committee for allowing them to come to the meeting to speak and noted that, whilst the Sunset Bar had a huge financial impact on the business, they were happy to close it in order to keep their premises licence. 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’s deliberations have been made much more straightforward by the indications provided by the management of the premises, who have indicated that the sunset bar part of the premises licence can be removed from the premises licence, and from the applicant for the review, that its removal would be an acceptable way of dealing with the issue of public nuisance. For the record, the sub-committee has concluded that the application for the review was properly made and the sub-committee finds that the evidence of public nuisance is made out, and that in other circumstances a different conclusion may have been reached. Effectively by consent, but still a formal decision of the sub-committee on review, which there must be following a review, the sub-committee has resolved that the sunset bar part of the premises licence be removed in its entirety from the premises licence, so that in effect the premises licence reverts to its previous licensed area. The sub-committee does not consider that there is any requirement to alter or amend any other premises licence conditions or to consider any of the other options available to the sub-committee. Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter The vote, undertaken by way of a show of hands, was carried. RESOLVED That the Sunset Bar part of the premises licence be removed in its entirety from the premises licence, so that in effect the premises licence reverts to its previous licenced area.
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