Minutes:
The Chair welcomed all attendees to the meeting and outlined
the procedure to be adopted by the Sub Committee in
considering the application.
The Chair asked all attendees to introduce themselves.
The Licensing Officer reported on the application for a new
premises licence in respect of Bonymaen Local, 1 Llanerch Road, Bonymaen, Swansea, SA1 7AY.
She referred to the Licensing Objectives, policy considerations and the
guidance from the Home Office. Specific reference was
made to the location plan for the premises at Appendix A, the location
plan of the premises at Appendix B, conditions consistent with the operating
schedule at Appendix C, the representations made by Other Persons at Appendix
D1, D2, D3, D4 and D5. She summarised
the details of the petitions. A copy of their representations was attached at Appendix D1. The representation
related to the prevention of public nuisance.
The Licensing Team Leader referred to a representation from
Karen Fender who was unable to attend the meeting and had requested that her
email be considered by the Committee as an
amplification of her original representation at Appendix D3. Members noted the
amplified comments.
Councillor P Lloyd, Ward Councillor for Bonymaen
on behalf of signatories of two petitions Appendix D1, further amplified the
written representations objecting to the application and highlighted his
concerns in relation to the undermining of the Statutory Licensing Objectives
in relation to public nuisance.
Mr S Kanapathi, Agent representing the Applicant, Mr E Thamilselvan,
advised that the Applicant had 10 years’ experience of running a business in
Cardiff, which is similar. The Applicant
currently lives above the premises in Cardiff.
He referred to the written representations and stated that the Applicant
wished to reduce the terminal hour to 10 pm.
In response to Member questions, the Applicant confirmed:
·
His relationship with residents within the
proximity of his current premises was nice.
·
It is intended that two
members of staff will be employed within his shop.
·
The area surrounding his current shop in Cardiff
does not suffer from anti social behaviour.
·
It was his intention to live above the shop,
whilst managing both shops.
·
Refuse bins would be provided outside the shop.
·
Any potential incidents of anti
social behaviour would be dealt with through
amicable communication.
·
In relation to condition 4 at Appendix C, he
confirmed that litter bins would be installed and the
area would be cleaned regularly.
·
It was RESOLVED that the press and public be
excluded from the hearing in accordance with paragraph 14 of the Licensing Act
(Hearings) Regulations 2005, to enable the Sub-Committee to take legal advice.
(CLOSED SESSION)
Members
discussed the issues relating to the application.
(OPEN SESSION)
The Lawyer advising the Sub-Committee gave a comprehensive
overview of the legal advice tendered.
The Chair indicated that the Sub-Committee had considered
the application and representation made and the needs and interests of all
parties in terms of the Council’s Statements of Licensing Policy, statutory
guidance and the requirements of the Licensing Act 2003.
The Sub-Committee RESOLVED to
GRANT the application subject to conditions consistent with the
operating schedule and as modified as considered appropriate for the promotion
of the licensing objectives as below.
1.
Supply of Alcohol off the premises – Monday to
Sunday 0700 – 2200.
2.
A comprehensive recordable CCTV system will be installed and maintained covering the external
curtilage of the premises and inside trade areas whilst encompassing all
ingress and egress to the premises. The system must continually record whilst
the premises is open for licensable activities and during all times when
customers remain at the premises. The system must be capable of providing
pictures of evidential quality, in particular facial recognition. All
recordings must be stored for a minimum period of 31 days with date and time.
Recordings must be made available immediately upon the
request of a Police or Authorised Officer.
3.
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 shall be able to
show Police or authorised officer recent data or footage with the absolute
minimum of delay when requested.
4.
Notices shall be prominently
displayed at all exits and outside of the premises, requesting patrons
to respect the needs of local residents and leave the area quietly.
5.
The pavement from the building line to the kerb
edge immediately outside the premises, including gutter/channel at its junction
with the kerb edge, shall be swept and or washed, and
litter and sweepings collected and stored in accordance with the approved
refuse storage arrangements.
6.
A
Challenge 25 proof of age scheme, shall be operated at
the premises where the only acceptable forms of identification shall bear their
photograph, date of birth and a holographic mark.
7.
A log
shall be kept detailing all refused sales of alcohol. The log should include
the date and time of the refused sale and the name of the member of staff who
refused the sale. The log shall be available for inspection at the premises by
the police or an authorised officer of the Council at all times whilst the
premises are open.
8.
Premises
to keep up to date records available for inspection of staff training in
respect of age related sales.
9.
An
incident book to be maintained at the premises showing details of the date and
time of all assaults, injuries, accidents, interventions by staff or ejections,
as well as details of the members of staff involved, the nature of the incident
and the action/outcome. The book must be kept available for
inspection by the Police and authorised officers of the Local Authority.
Supporting documents: