Shrewsbury & Atcham
Borough Council

PRESENT: Councillors Bushell, Freestone and Rees.

Council's Representative – Licensing Officer

Legal Advisor to the Sub-Committee – Senior Solicitor

Clerk to the Sub-Committee – Administrative Assistant (Committee Services)

That Councillor Rees be appointed Chairman of this Sub-Committee for the duration of the meeting.

72/05   NAGS HEAD, WYLE COP, SHREWSBURY

Consideration was given to an application from Mr Russell Preece for a Premises Licence in respect of the Nags Head, Wyle Cop, Shrewsbury.

The applicant, Mr R. Preece, was in attendance and presented the case to the Sub-Committee. He answered questions from the Licensing Officer, an objector (Dr A. Shrank, representing Shrewsbury Town Centre Residents' Association), the Legal Advisor to the Sub-Committee and members of the Sub-Committee.

During the questioning of the applicant by a member of the Sub-Committee, the Licensing Officer clarified the situation regarding door supervisors and occupancy levels.

The Licensing Officer addressed the Sub-Committee outlining the content of her report on the application. She outlined the hours requested by the applicant and the conditions detailed in the Operating Schedule (including the conditions that had already been agreed to by the applicant, both prior to and at the hearing).

The objector, Ms J. Wakefield, a local resident, presented her case to the Sub-Committee and answered questions from the Licensing Officer and the applicant.

The objector, Dr A. Shrank, representing Shrewsbury Town Centre Residents' Association, asked several questions to his witness, Mrs S. O'Brien, a local resident (who was in attendance for part of the hearing only). She answered questions from the Licensing Officer and the Legal Advisor to the Sub-Committee.

The objector, Dr A. Shrank, presented his case to the Sub-Committee. He read out a letter from one of the objectors that he was representing (Sir A. Arrol) and answered questions from the Licensing Officer.

During the Summing Up, and at the Chairman's discretion, the applicant answered a question from a member of the Sub-Committee and the Licensing Officer.

(Members of the Sub-Committee retired to consider the application, in private, at approximately 3.00 p.m. and reconvened at 4.00 p.m.).

That, subject to the conditions detailed in the revised Operating Schedule;

• There would be no sales of alcohol made to customers who were drunk;

• Customers who do not display responsible drinking behaviour would be banned from the premises;

• The premises would be closed early if deemed necessary by the Designated Premises Supervisor; and

• Alcohol would only be allowed to be consumed on the premises.

• The licensee would comply with the requirements of Fire and Building Control legislation.

• The Designated Premises Supervisor would manage customers vacating the premises;

• There would be a last entry time of 00:00 hours;

• Doors and windows would be closed when regulated entertainment is taking place; and

• Amplified live music would be controlled through a noise limiter device.

• A proof of age scheme would be in operation with a passport or driving licence accepted as proof of identification and staff would be fully trained in this procedure; and

• Children would not be permitted onto the premises after 21:00 hours.

and the amendments agreed prior to the meeting to satisfy the Council's Environmental Health Officer's objections;

• Amplified music shall be controlled so as to ensure that it is inaudible at adjacent residential premises between 23:00 hours and finishing times; and

• The beer garden would not be used between 23:00 hours and proposed finishing times.

and the following additional conditions:

• There would be no music in the beer garden;

• The beer garden would be vacated at 23:00 hours and a notice would be erected in a prominent place to that effect;

• A prominent notice would be displayed at gaming machines stating that they should not be used by any persons under the age of 18; and

• A notice would be displayed by the exits to the premises asking customers to respect the local residents and to leave in an orderly manner.

The application for the Premises Licence in respect of the Nags Head, Wyle Cop, Shrewsbury be granted to Mr Russell Preece as follows:

• Sale of Alcohol:

Monday to Thursday – 10:00 to 00:00;

Friday & Saturday – 10:00 to 01:00 the following morning; and

Sunday – 12:00 to 00:00.

An end time of 01:30 the following morning for Christmas Eve, New Years Eve, Bank Holidays and for St Patrick's Day.

• Recorded Music:

Monday to Thursday – 11:00 to 00:00;

Friday & Saturday – 11:00 to 01:00 the following morning; and

Sunday – 12:00 to 00:00.

An end time of 01:30 the following morning for Christmas Eve, New Years Eve, Bank Holidays and for St Patrick's Day.

• Live Music:

Monday to Thursday – 20:00 to 23:00;

Friday & Saturday – 19:00 to 23:00; and

Sunday – 19:00 to 23:00.

Live music to stop 30 minutes before closing time for Christmas Eve, New Years Eve, Bank Holidays and for St Patrick's Day.

• The permitted opening hours would be:

Monday to Thursday – 10:00 to 00:30 the following morning;

Friday & Saturday – 10:00 to 01:30 the following morning; and

Sunday – 12:00 to 00:30 the following morning.

A closing time of 02:00 the following morning for Christmas Eve, New Years Eve, Bank Holidays and for St Patrick's Day. Last orders would be 30 minutes before closing time.

Reasons

The Sub-Committee having taken into account representations from the parties felt that both the limits imposed on the opening hours and on the use of the beer garden and also the conditions to which the licence would be subject would be necessary for the Prevention of Public Nuisance.

1.30 p.m. – 4.10 p.m.