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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). Minutes: The Lawyer advising the Committee presented the Statutory
Licensing Sub Committee Procedure, for information. |
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Additional documents:
Minutes: 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 Dunvant RFC, Broadacre, Killay, Swansea, SA2 7RU
received by the Authority on 3 May 2023. 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, a copy of the Club Premises
Certificate at Appendix B and B1, the location plan of the premises at Appendix
B2, a list of licensed premises in the
area is attached at Appendix 3, conditions
consistent with the operating schedule at Appendix C and the representations
made by Other Persons at Appendix D and a copy of representations in support of
the Application at Appendix D1. 12 representations had been received from Other
Persons. A copy of their representations were attached at Appendix
D. The representations related to the prevention of crime and disorder
and public nuisance. Councillor J W Jones (Ward Member) amplified his written
representations in relation to public nuisance. He referred to complaints over
the years and traffic difficulties in Broadacre as a result of parking in the
cul-de-sac as opposed the Rugby Club. Councillor M H Jones (Ward Member) amplified her written
representations in relation to public nuisance.
She outlined that the Application sought the same hours as they
previously had under a Club Licence. She
referred to public nuisance to residents in Broadacre which had been ongoing
for many years. Officers detailed the difference between a Club and Premises
Licence. The Premises Licence would
allow more flexibility in so far as patrons would not need to be club members
or known to club members. Mr K Munson (Local Resident) requested to speak. The Operational Lead – Licensing stated that
Mr Manson had not indicated his wish to speak in line with licensing
legislation. On the advice of the
Associate Lawyer, the Chair allowed Mr Manson to make verbal representations. Mr K Munson referred the residential nature of the area and
the difficulties experienced by residents on match days. He stated that the premises licence may
encourage the Club to seek more patrons during the year, ultimately during the
venue into a nightclub. He referred to
damage to a neighbour’s van, an incident with an open air bar trading during
lockdown and gangs of people waiting for taxis in Broadacre. In response to a question from the Chair in relation to
breaching of rules during lockdown, the Operational Lead, Licensing, stated
that she was unable to confirm any complaints had been received during lockdown without checking records. The Associate Lawyer stated that de-regulation had occurred
during lockdown with many premises legally able to provide off sales during lockdown. Ms D Matthews (Local Resident) further amplified her written
representations regarding noise nuisance, gangs gathering and the potential for
the venue to become a nightclub. Mr N Alexander (Local Resident) further amplified his
written representations regarding the
residential nature of the area and the on-going noise nuisance. He referred to a video recording previously
circulated to Members in which a group of people were rowdy whilst leaving the
area. Ms S Thomas (Local Resident) amplified her written
representations regarding noise nuisance (specifically noise travelling up the
valley), litter (cans at the top of the lane) and lack of consultation with
residents regarding the Application. The Chair welcomed Mr D Rees (representing the Applicant)
who stated that the Club’s current licence allowed the premises to remain open
until 0145 hours. He reported that the
Application had been submitted on the advice of Licensing Officers and the Club
had in fact reduced its hours of operation, closing at 2200 most evenings. He stated that noise travelling up the valley
could also be from other licensed premises.
He referred to the Club’s four big annual events which created income to
keep the premises viable. He detailed
the running costs associated with the Club and the reliance on alcohol sales to
generate income. He detailed the
constraints of the current Club Licence and the rationale for applying for a
Premises Licence. He stated that the premises did not sell cans, so any litter
referred to by the local resident would have been purchased elsewhere. He
referred to the incident of the van damage and detailed how the Club had
reviewed CCTV and involved the Police with the culprit being identified and the
damage being rectified. It was noted that patrons attend the Club for specific
events, in the absence of such events, the Club is quiet, closing before 2200
hours for approximately 340 days of the year. In response to Member questions, Mr Rees stated that: ·
The Club usually closes at 1600 hours on Sundays
(apart from Bank Holidays). He stated
that he could see no problem with modifying the hours of operation on a Sunday,
however, the RFC’s Committee Members would need to agree. ·
He was agreeable to modifying the movement of
litter and bottles between the hours of 0900 and 2000 hours. ·
The Club did not offer the premises for 18th
Birthday parties and was not looking to extend non-member use. Generally, the Club does not attract patrons
from other premises who conclude their evening in the other licensed venues
within Dunvant and Killay. ·
The Club often requests patrons to move cars on
the request of local residents at are helpful at all times. ·
The issue of off sales is mis-leading as there are
numerous venues in Dunvant and Killay available for off sale purchases. It was unlikely that patrons would travel to
the Club to purchase off sales. ·
The Club were fully compliant regarding
advertising associated with the Application. ·
Only hot drinks were available a late night
refreshment. The Associate Lawyer reminded all present that issues
associated with parking was not within the remit of the Licensing Act
2003. Furthermore, he confirmed that the
Applicant had advertised correctly and legally. In conclusion, Mr Rees stated that the purpose of the
Application was to mirror the existing Licence in order to better manage the
larger annual events. He detailed the
benefits to the community offered by the Club and the volunteers and the
ongoing willingness to work with local residents to alleviate any issues. 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: Performance of
Live Music Playback of
Recorded Music Performance of
Dance All
activities Sunday -
Thursday 2300 hours to 0000 hours Friday –
Saturday 2300 hours to 0100 hours Late Night
Refreshment Sunday –
Thursday 2300 hours to 0000 hours Friday –
Saturday 2300 hours to 0130 hours Supply of
Alcohol Sunday –
Thursday 0800 hours to 2330 hours Friday –
Saturday 0800 hours to 0100 hours 1. No unsupervised U18’s after 9 pm. 2. 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 31days with date and time.
Recordings must be made available immediately upon the request of a Police or
Authorised Officer. 3. 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. 4. Notices shall predominantly display at all
exits requesting patrons to respect the needs of local residents and leave the
area quietly. 5. Notices shall be predominantly displayed in
all areas used externally patrons to respect the needs of the local residents
and use the area quietly. 6. No rubbish, including bottles, shall be
moved, removed, or placed in outside areas between 2100 hours and 0800 hours. 7. 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. 8. 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. 9. 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. 10. Other than for off sales in sealed
containers no drinks are permitted to leave the licensed area as shown on the
deposited plans. 11. 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. 12. A 30-minute drinking up time on top of the
last permitted sale of alcohol to allow customers. 13. The Safety Advisory Group shall be notified
with at least two months’ notice for all events likely to attract more than 500
people. Reason for decision: The Committee noted
that no relevant representations were received from the Responsible
Authorities. The Committee noted
all the local resident’s representations within the bundle of documents, their
enhanced representations during the Committee and the video provided. It was noted
that the representations also referred to matters of parking and use of the
highway which could be considered being not directly relevant to the
objectives, therefore members took extra care in considering all the
representations and comments in line with the objectives. The Committee noted
the applicant’s comments and the applicant’s supporting information provided
prior to the Committee. The Committee noted
that the Applicant acknowledged the local residence representations and
concerns by providing answers in rebuttal and/or mitigation relevant to the
licensing objectives. The Applicant also
confirmed a willingness to continue to work with residents to assist in the
resolution of local issues emulating from the premises. The Applicant was
open regarding the premises current opening hours and although did not have the
authority to agree modifications to the application welcomed members
modifications if it felt that such modifications would promote the licensing
objectives. Therefore, the
Committee felt that with the mitigation offered and with the modification of
all activities and supply of alcohol on a Sunday in line with the Monday to
Thursday hours, modification of .6 & .13 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. |