Agenda and draft minutes

There were no apologies for absence.

There were no declarations of interest.

[To consider the application]

In attendance

For the premises

Mr G Morton (representing the Premises Licence Holder)

Responsible Authorities

WPC L Davies – West Midlands Police

Elaine Moreton – Licensing Authority

Other Persons (local residents)

Mr N Evans

Mrs V Moulding

The Chair introduced the parties and outlined the procedure to be followed at the meeting. Immediately prior to the meeting, copies of proposed conditions agreed between the West Midlands Police and the applicant, and the Licensing Authority and the applicant were circulated to all parties.

The Section Leader (Licensing) outlined the report submitted to the meeting and circulated to all parties in advance.  On a point of clarification, he advised that the opening hours were not the same as the hours authorised for licensable activities.

At this juncture, Mr Morton outlined the application to vary the premises licence, which aimed to provide an outside drinking area when weather permitted and was not designed to increase the patronage. Responding to questions, he advised that the measures already in place to promote the licensing objectives were contained within the original application and not therefore repeated in the variation application.  He indicated that he did not wish to use plastic glasses, that the outside drinking area would have fixed seating and that fencing was to be installed above the perimeter wall.  He clarified that the pictures supplied by one of the objectors related to an event which was held in accordance with a Temporary Event Notice, following receipt of an award by the premises.  He added that litter bins would be provided but that there were no plans for lighting as it was intended that the area was to be utilised in fine weather only.

It was acknowledged that parking was a planning issue and could not be considered by the Licensing Sub-Committee.

At his juncture. WPC Davies outlined the representations of the West Midlands Police and, in so doing, drew attention to the proposed conditions agreed with the applicant. She added that, in the two years that the premises had operated, there had been only one police log and this related to the Temporary Event Notice.  She believed that the amended operating schedule would assist in fully meeting the licensing objectives.  Responding to questions she advised that there was no evidence to suggest that the variation would create problems.  On a point of clarification, she advised that it was the intention of the police that the original condition 1(c) should remain on the licence.  She further advised that the police had been made aware of the Temporary Event Notice for 25 May 2015.

Responding to concerns of the residents that they were unaware of the mediation which had taken place prior to the hearing, it was clarified that the Licensing Act encouraged negotiation between objectors and applicants and such action was taken in order to promote the licensing objectives.  The Solicitor advised that clarification had been sought from the Police regarding the suggested conditions to ensure that the Sub-Committee had all the required information to  ...  view the full minutes text for item 3.

To pass the following resolution:

That in accordance with section 100A (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of schedule 12A to the act relating to the business affairs of particular persons.

Resolved:

            That, in accordance with Section 100(A) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of Schedule 12A to the Act relating to the business affairs of particular persons.

The Sub-Committee discussed the issues which had been raised during consideration of the variation application.

The parties returned to the meeting and were advised of the Sub-Committee’s decision as follows:

The Sub-Committee have taken note of all the written concerns raised in respect if Hail to the Ale, 2 Pendeford Avenue, Claregate, Wolverhampton.  They have listened to the arguments of those who have spoken at this hearing, both for and against the application.

Having considered the views of all concerned, the Sub-Committee have decided that the premises licence should be varied subject to the following modifications to conditions on the licence:

1. Conditions 1(b) and 1(e) from the current premises licence, dated 14 August 2013, to be removed.
2. The addition of the following conditions, agreed between the West Midlands Police and the applicant, dated 13 July 2015, [For the purpose of clarity the existing condition 1(c) will remain]:

·         Prevention of crime and disorder

o   A CCTV system with recording equipment shall be installed and maintained at the premises.

o   CCTV should cover entry and exit points of the premises and all areas where alcohol/money is served/taken and all areas to where public have access and the immediate vicinity outside the premises to include the entire designated outside seating area.

o   Images/recordings to be downloaded in a suitable format and provided to any member of a Responsible Authority upon request and without any undue delay.

o   Images and recordings must be of evidential quality, must indicate the correct time and date and be kept for at least 31 days.

o   All staff to be trained to use the CCTV system and at least one member of staff to be on duty who is trained to download the system’s images should any member of a Responsible Authority make a request.

o   No glassware (except off sales) or open drinks containers to be taken out of the premises at any time including patrons using the smoking area, with the exception of consumption within the designated outside seating area.

o   Off sales are not to be consumed in the designated outside drinking area.

o   Signage advising customers that alcohol should not be taken outside the premises in open containers should be overtly displayed inside the premises and specify that the only area of exception is the outside designated seating area.

o   A plan of the premises to be overtly displayed within the premises which specifies the area the outside designated seating area occupies.

o   Glass collector to be employed to clear the designated outside seating area every 15 minutes and to record this interval timing in a log which can be provided to any member of a Responsible Authority upon request and without any undue delay.

·         The protection of children from harm

o   All accompanied children to have left the premises by 2000 hours any day to include the outside designated seating area.

3. The addition of the following condition agreed between the Licensing Authority and the applicant on 29 July 2015:

·         The sale of alcohol for consumption by patrons within  the designated outside drinking area as indicated on the plan submitted with the variation application, dated 12 June 2015, be reduced to the following:  ...  view the full minutes text for item 7.