Agenda item

2.00 P.M. - APPLICATION FOR THE VARIATION OF A PREMISES LICENCE, CLOCKWORK TAVERN, UNIT 9, EASTGATE, LLANELLI SA15 3YF

Minutes:

The Legal Services Manager briefed all present on the procedure for the meeting which had been convened to consider an application received from Scarlets Regional Limited for the variation of the Premises Licence in respect of the Clockwork Tavern, Unit 9 Eastgate, Llanelli. The variation sought to allow:

 

Recorded Music: Friday & Saturday 08:00 – 02:00

 

Sale of Alcohol: Friday & Saturday 08:00 – 02:30

 

Bank Holiday Sundays, Christmas Eve, Boxing Day, New Years Eve, & New Years day if days fall on other days than Fridays and Saturdays – sale of alcohol to be allowed until 2.30 a.m.

 

Anything of a similar description to Live Music, Recorded Music or Performances of Dance Friday & Saturday 08:00 – 02:00

 

Opening Hours:- Friday and Saturday 08:00 – 03:00

 

The Sub Committee noted that the following documentation was attached to the report:-

 

Appendix A – Copy of the Variation application

Appendix B – Licensing Authority Representations

Appendix C – Pollution and Wellbeing Team Representations

Appendix D – Dyfed Powys Police Representations

Appendix E – Other persons representations

Appendix F – Current Licence

 

In addition, the following supplemental information had been circulated to all parties in advance of the meeting:-

 

Applicant supporting evidence

Risk Assessment

 

The Licensing Lead referred to his written report, as detailed in Appendix B, and advised that subsequent to the receipt of the representations in Appendicies B-E, the applicant had amended the application to allow:-

 

Recorded music Friday & Saturday 08:00 – 01:00 (as existing)

Sale of Alcohol Friday & Saturday 08:00 – 02:00

Opening Hours Friday & Saturday 08:00 – 02:30

 

The above amendment was detailed within Appendix G to the report and the remaining Responsible Authorities had not made any representation thereon.

 

The Licensing Lead, having regard to the points raised within his report and to the observations of the other responsible authorities / other persons, stated that if the variation application were to be granted he considered the additional conditions proposed by the Police should be added to the premises Licence.

 

All parties were afforded the opportunity of questioning the Licensing Authority representative on the representations made. 

 

The Pollution and Wellbeing Lead referred to his written representations, as detailed in Appendix C, and advised that following submission of the amended application to retain the playing of recorded music at the premises on Friday and Saturday, as existing, he had no objection to the amended application. However, if the variation were to be granted, he requested the Sub Committee to consider the inclusion of an additional 11 conditions, as read out in the meeting

 

All parties were afforded the opportunity of questioning the Pollution and Wellbeing Lead on the representations made. 

 

The Police representative referred to his written representations, as detailed in Appendix D, detailing the past history of anti-social behaviour in the area and to their concerns that any later opening of the premises in question could lead to a return of late night drunken activities. Whilst not objecting to the variation, the police requested the 16 suggested conditions detailed within their representation be added to the premises Licence to promote the Licensing Objectives.

 

All parties were afforded the opportunity of questioning the Police representative on the representations made. 

 

Representations were received from other interested objecting to the variation on a number of grounds. Those included, noise nuisance from music played at the premises, anti-social from patrons including noise nuisance, fighting and brawling in the street, urinating and vomiting on the street, alleged discrepancies between the application and risk assessment, door supervisor start times and the impact on adjoining businesses such as the Travel Lodge. The area was supposed to a family friendly area and the opening of a nightclub at the premises would be contrary to the original ethos behind its development. They were also concerned that increasing the premises’ drinking hours could see the above experiences of anti-social behaviour increasing

 

All parties were afforded the opportunity of questioning the representatives on their representations. 

 

The Designated Premises Supervisor/Manager in response to the complaints received, advised the Sub Committee he was unaware of residents’ concerns until after the submission of the variation application. He confirmed that following representations from the Police and Environmental Health, a number of measures had been introduced to mitigate any impact on the residents from the operation of the Clockwork Tavern. He also advised that the application was not, and will never be, a means of creating a nightclub. The Clockwork Tavern was a live venue and entertainment centre and aimed to attract clientele over 21 not attending nightclubs.

 

All parties were afforded the opportunity of questioning the Designated Premises Supervisor on the representations made. 

 

The representative for the leaseholders of the Clockwork Tavern outlined the terms of the lease to the premises licence holder and confirmed that should any activity be undertaken contrary to the licence, the lease would be revoked. She urged an ethos of communication and requested the public to raise any concerns on the premises’ operation with her

 

All parties were afforded the opportunity of questioning the representative on the representations made. 

 

The Sub Committee thereupon

 

UNANIMOUSLY RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12 to the Local Government Act.

 

FURTHER RESOLVED, that having considered all the evidence before it, the Sub Committee finds that the Variation Application for the Clockwork Tavern, be refused

 

REASONS

 

In coming to its decision, the Sub-Committee has made the following findings;

 

  1. The premises was first licenced in 2011. The current licence was granted in 2012. This was on the basis of a terminal hour of 1am on Fridays and Saturdays and that the premises would be a food orientated business.
  2. There has been no previous history of enforcement activity in relation to the premises save for the issue of a COVID Premises improvement notice in 2020
  3. Complaints have been received from local residents and businesses about music and patron noise from the premises
  4. Residents have witnessed considerable anti-social behaviour on the part of patrons of the premises.
  5. Past police experience of late night venues at this and other locations in Llanelli is that they have become a focus for alcohol related crime and disorder and public nuisance.
  6. Applicant has reduced the requested hours to 1am for regulated entertainment, 2am for sale of alcohol and 3am venue closure.
  7. The premises is close to an area identified in the Council’s statement of licensing policy as a hotspot for alcohol related crime and disorder

 

 

 

 

The Sub Committee has attached weight to the views of the responsible authorities and in particular notes that none of them are recommending that the application be refused.

 

The Sub Committee recognises that its decision must be based upon real evidence, and that concerns and fears about what might happen if a licence were granted, where unsupported by such evidence, are not matters which they can properly take into account.

 

In this case the Sub Committee is satisfied that there is real evidence upon which it can base its decision. In particular, it finds the evidence provided by local residents and businesses as to the impact of this premises to be credible and compelling. Furthermore, it considers that this evidence is corroborated by the evidence provided by the Police and Public Health services.

 

The Sub Committee also attaches weight to the views of the police that , based on their professional experience, to grant the application would be likely to increase the amount of alcohol related crime and disorder and public nuisance associated with the premises.

 

The Sub Committee has considered whether these issues could be adequately addressed by adopting a robust set of control measures and licence conditions. However, on the evidence put before it the committee is not satisfied that the licence conditions put forward are sufficient to address the issues identified and believes that they would not be adequate to promote the licensing objectives.

 

As such, the Sub Committee is satisfied that to grant the application, even subject to the proposed licence conditions, would undermine the licencing objectives of preventing crime and disorder and preventing public nuisance. As such the Sub Committee considers that refusing the application is an appropriate way of promoting those objectives and a proportionate response to the issues identified.

 

 

 

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