A decision regarding an appeal against a proposed new nightclub in Penally has been adjourned until next week.
The appeal which got underway at Haverfordwest Magistrates Court on Thursday, January 23 relates to Pembrokeshire County Council granting a license for the premises which is to be called Queen of Hearts.
Opening the hearing for PCC, solicitor Sally-Anne Martin referred to the council’s decision to grant a license for the club with the following conditions of - no licensable activities are permitted on Sundays, other than Sundays preceding a Bank Holiday Monday, licensable activities are to finish at 3 am, with the premises to close at 3.30 am; Supply of alcohol to be for consumption on the premises only and supply of alcohol to customers shall be in recyclable plastic containers only.
Mrs. Martin said that issues such as public nuisance, noise, smell and litter were matters for the individuals involved in running the club.
She said PCC’s decision to grant the license was “proper just and reasonable” and that the person appealing must prove to the court that PCC’s sub-licensing committee was wrong.
During the initial meeting of the licensing sub-committee in August, the manager of Crackwell Holiday Park which is located nearby the proposed site of the new nightclub, Mrs. Emma Thomas raised concerns about the plans which were granted approval subject to conditions.
Speaking against PCC’s decision Ms. Thomas representing herself, opened her argument by saying that her family had been business owners in Penally since the 1950s and her family had owned the caravan park for a number of years.
Ms. Thomas said that the road between the MoD base in the village and the Crackwell railway bridge is the national speed limit and there was no grass verge where the road runs past the proposed site, something she considered would be dangerous for those visiting such a nightclub.
She expressed her fears over people walking on the road at night with a potential increase in taxis and buses. “It only takes one,” she said.
She also said that Carman Clemas the license holder and her business partner Faith Wooldridge had not been in contact with her to discuss the plans.
At the hearing Ms. Thomas claimed that elected councillors had not received appropriate training regarding the licensing act, a claim that was swiftly rejected by PCC’s licensing officer Charlotte Mathias who said everyone received training after she was called as a witness.
Magistrates were then shown a webcast of the sub-license committee meeting which granted the applicants’ license to open the nightclub.
After this, PCC licensing officer Mrs. Mathias returned to the witness box to take questions from Ms. Thomas.
When asked what checks would be made, she said “the only thing that will be checked will be the condition of the license.”
This did not include checking of the implementations regarding transport to and from the club, along with disabled lifts.
“Is appropriate training documented?” Ms. Thomas asked.
Mrs. Mathias replied saying that there was records of people undergoing training.
At the hearing it was disclosed that two members of the sub-licensing committee had said that the initial application wasn’t clear enough.
Mrs. Mathias also told the court that she had not visited the premises or checked information relating to addresses or postal codes. “We don’t verify addresses,”she added.
Nathan Miles PCC’s pollution control lead officer told the hearing he had received an operations procedures manual regarding noise pollution and reviewed the plan with the police prior to the meeting.
He also said that a site visit was made on July 12 where a number of issues were found.
During exchanges relating to noise vibration, Ms. Thomas stated that Mr. Miles found it “hard to believe that vibrations can be felt in the neighbourhood.”
Keith Jenkins from Mid and West Wales Fire and Rescue Service then provided evidence, stating that there were no issues as long as the applicants complied with the recommendations set out, but would have to do this before the premises opened.
However, Mr. Jenkins said he was still waiting on interior plans, which meant that the capacity of the venue could not be finalised and no risk assessment had been made.
At the hearing, Dyfed Powys-Police county licensing officer Nigel Lewis was asked if police can stop people from walking down the road to which he said “no” with the case hearing that currently there was a 210 metre stretch of unlit road which runs with a 74-metre section which has no verge for people to walk on.
Mr. Lewis confirmed that the road which runs past the proposed site between the MoD base in the village and the Crackwell railway bridge was dangerous.
He also told the hearing that there could be the possibility of increased accidents and injuries as a result of an increase in traffic and people walking on the road especially at night.
Giving evidence, Carmen Clemas, the license holder said that having transport from the club was part of the licensing conditions and talks had been made with bus companies.
“People know it was a nightclub,” she said, stating that she didn’t intend for history repeating itself and intended to do something about it.
Addressing Magistrates, Ms. Thomas then read a letter from one of the local villagers which said: “When the public notice was in the paper, I was not aware that was the old Chequers nightclub. I would have given my opinion otherwise.”
With there only being reference to Crackwell Farm - she pointed out that this was because the wrong post code was used in the application, and as a result, the public notice did not reach the attention of many residents - a breach of section 17 of the Licensing Act 2003.
Ms. Thomas explained that by listing the wrong post code it had been confusing for residents living in the locality, and claimed that more letters of objections would have been made if residents had known the correct location of the club.
She also claimed that the plans were presented in the incorrect scale under Home Office guidelines.
Turning her attention to the road, Ms. Thomas said it was extremely hazardous for patrons of the club.
“I never walk that stretch of road day or night,” she remarked, also stating that she would not let her son walk down the road as it was too dangerous.
She said that when the former Chequers club was open at this site, Crackwell Caravan Park lost vital revenue because the caravans were placed at the back of the touring field reducing the amount of bookings.
The bench heard concerns from Ms. Thomas regarding a potential increase in crime through criminal damage, violence and public indecency.
She was also worried about people trespassing on the caravan park’s premises.
Ms. Thomas concluded her remarks by saying as a result of one or two previous incidents, a security guard was employed.
The case is set to conclude on Thursday (January 30).





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