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Disclosures of Personal and Prejudicial Interests. Minutes: In accordance with the Code of Conduct adopted by the City and County of Swansea, no interests were declared. |
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Statutory Licensing Sub Committee Procedure (For Information). PDF 121 KB Minutes: The Lawyer advising the Committee presented the Statutory
Licensing Sub Committee Procedure, for information. |
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Additional documents:
Minutes: Following formal introductions the Associate Lawyer outlined
the procedure to be adopted by the Sub Committee in considering the
application. The Licensing Officer reported on the application for a premises licence in respect of Following formal introductions the Associate Lawyer outlined the procedure to be adopted by the Sub Committee in considering the application. The Licensing Officer reported on the application for a new premises licence in respect of The Storyteller, 40-42 Princess Way, Swansea, SA1 5HE She referred to the licensing objectives, policy considerations, guidance from the Home Office and action following consideration of the relevant person’s objections. Specific reference was made to application for a premises licence at Appendix A and A1, the location plan of the premises at Appendix B, a list of licensed premises in the area at Appendix B1, conditions consistent with the operating schedule at Appendix C and the representations made by Other Persons at Appendix D. The Licensing Officer referred to the seven additional information emails which have been circulated to all parties. One representation had been received from Other Persons. A copy of the representation was attached at Appendix D. The representation related to the prevention of crime and disorder, public nuisance, public safety, protection of children from harm. The Licensing Office confirmed that the ‘Other Person’ was unable to attend due to work commitments. The Licensing Officer read the response from the Other Person in respect of the additional information submitted by the Applicant as follows: “Good afternoon.
Following on from the visibility of additional information provided regarding
this venue, I would like the following. Added to my objection in response,
although I take on board the letter from a Pearl House resident, the building
contains 42 apartments and levels of disturbance would of course vary depending
upon residential location within the building. If I located at the rear of the building
then of course this would be less. The other resident may not have been home
the evening of the opening party, so I would still like my statement regarding
that evening considered.
The Chair welcomed Mr Ioannis Benekis (Applicant) and Mr Aaaryn Whitelock (Applicant). Mr Benekis advised that he sought to develop a different type of hospitality. He detailed his background having 17 years experience in different venues both in Greece and Swansea. He referred to his vision to create a venue that was accessible to everyone, offering a pleasant venue for families during the daytime within the City Centre. He referred to the location of the venue and lack of development in the area over the last few years. He stated that the venue worked with people involved in the Arts providing a stage for people to express themselves and provided a different offer and clientele to the premises on Wind Street. He referred to a mis-communication in regard to the opening night regarding door staff and confirmed that whilst no door staff were present on that night, they would be employed at the premises on a Friday and Saturday night and any days of more expanded hours. He referred to family safety and stated that the premises would not promote excessive drinking. He detailed the measures in place regarding staff training in relation to alcohol sales and safety of patrons at the premises. He highlighted the use of CCTV in and outside of the premises and sighted an example of where footage of a theft outside the premises had been provided to South Wales Police. The premises works closely with BID, local organisations and societies (a charity event was planned within the next few months). He felt that the premises had and would not add to any problems within the area and that social responsibility would be taken seriously. He referred to the correspondence of support from Mr Rees and confirmed that Mr Rees was not an employee of Storyteller but a photographer and regular customer of the venue. With regard to a marketing strategy, the venue relied on word of mouth and the support of patrons. He was aware of a leaflet circulating within Pearl House regarding the venue and stated that the concerns of local residents were taken seriously. He referred to discussions with Licensing Officers following the opening event and addressed the issues regarding lack of door staff, the door being mistakenly left open after 9.30 which was subsequently closed. The venue had since been tested with closed doors and would not cause nuisance. There would not be many events and they certainly would not be on a daily or weekly basis. He reiterated that the venue did not wish to create any public nuisance and referred to the notices requiring clients to be respectful to local residents when leaving the venue. The venue would host a charity event within the next few months working with Crisis. In response to Members questions, Mr Benekis stated that: 1)
There was duplication regarding conditions
consistent with the operating schedule and number 5 and 7 be deleted. 2)
He was agreeable to altering the disposal of bottle
times to 9pm to
8am. 3)
Bins are situated at the rear of the premises in a
lane used by other premises and no movement of rubbish occurs at night. 4)
A pavement licence would be sought within the next
week. 5)
A condition be included regarding outside drinking
stating that the only outside drinking would be permitted within the area
designated by a pavement licence. In conclusion, Mr Whitelock stated that a great deal of time and effort had been given to the premises in order to create a multi-diverse, safe and relaxing venue (for example, a children’s party had been hosted at the venue). He referred to initiatives such as providing tokens which could be used by homeless people for free hot drinks and food. 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. The Chair thanked the participants for their attendance and advised that a decision would be provided within 5 working days.
(Closed Session)
Members discussed the issues relating to the application.
(Open Session) The Chair indicated that the Sub-Committee’s decision would be published within five working days of the Committee and would take account of 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 the conditions consistent with the operating schedule and as modified as considered appropriate for the promotion of the licensing objectives as below:
Supply of
Alcohol/Opening hours Recorded Music Sunday – Thursday 2300 – 0030 Friday – Saturday 2300 – 0130 Supply of
Alcohol Sunday – Thursday 1200 – 0000 Friday – Saturday 1200 - 0100 1.
The premises to keep up to date records of staff
training and refresher
training in respect of age-related sales including proxy sales to
persons who are drunk and identifying and preventing drug misuse in written or electronic format
available for inspection on
request by an authorised officer. 2.
Notices shall be predominantly displayed in all
areas used externally asking patrons to respect the needs of the local
residents and use the area quietly. 3.
Comprehensive recordable CCTV system will be
installed and maintained covering the 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. 4.
An incident recording book, bound in numerical
order, shall be maintained at the premises showing details
of the date and time of all assaults, injuries, accidents 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
Licensing Authority. 5.
Notices shall predominantly displayed at all
exists requesting patrons to respect the needs of local
residents and leave the area quietly. 6.
There
shall be no outside drinking at the premises other than by customers using an
area covered by a pavement cafe licence. All such areas to utilise non glass
receptacles only. 7.
No rubbish, including bottles, shall be moved,
removed or placed In outside areas between 2100 hours and
0800 hours. 8.
A 30 minute drinking up time on top of the last permitted sale of
alcohol to allow customers to use the toilet facilities and disperse from the
premises. 9.
Save for access or egress
all doors are to remain closed. 10.
No glasses or glass bottle
are to be taken outside of the premises by any patrons of the premises. 11.
External area to be
supervised by staff from premises when in use. 12.
Notices to be displayed at all exits requesting patrons to smoke
within the designated area. 13.
No external loud speakers shall be used on
or around the premises. 14.
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. 15.
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. 16.
The
premises to keep up to date records of staff training and refresher
training in respect of age-related sales including proxy sales to
persons who are drunk and identifying and preventing drug misuse in
written or electronic format available for inspection on request by
an authorised officer. 17.
Notices
shall be clearly displayed in the premises to emphasise to customers
the prohibition on providing sales of alcohol to persons under the
age of eighteen years 18.
No entertainment, performance, service, or
exhibition involving nudity or sexual stimulation which would fall within the
definition of a sex establishment in Schedule 3 to the Local Government
(Miscellaneous Provisions) Act 1982 as amended by the Policing and Crime Act
2009), shall be provided. Reason for decision: The Committee noted
that no relevant representations were received from responsible authorities. The Committee noted
of the local resident’s representations and their additional representations. The Committee noted
the applicant’s comments and the applicants supporting information provided
prior to the committee. Additionally the applicants comments regarding the
local residence representations and the issues of the opening night. The Committee noted
that the applicant acknowledged the local residence concerns and as such has
mitigated against a recurrence of those issues within points .2 / .7 / .8 / .10
/ .11 /.12 of their modified conditions as above. Therefore the
Members felt that the mitigation offered and with the modification of 5 & 7
of the conditions was sufficient and significant enough to elevate the local
resident’s representations regarding the effect a grant of licence would have
on the licensing objectives. |