Pembrokeshire County Council's decision to cut the opening hours of Saundersfoot's Sands Nightclub has been overturned on appeal to the magistrates court.

Although the county council's licensing sub-committee renewed the Milford Terrace club's public entertainment licence (PEL) in February, the committee agreed, after hearing from both supporters and objectors, to reduce its operating hours from 1.30 am on Mondays and Thursdays and 2 am on Tuesdays, Wednesdays, Fridays and Saturdays, to 1 am throughout the week.

While they accepted that the premises were well run, they felt that "the use of a licence until 1.30 or 2 am resulted in unacceptable levels of nuisance in a residential area."

The licensees, Ann Jones and Kathleen Waters, immediately appealed, with the case being heard in Tenby magistrates court last week.

Over the course of two days, the bench heard verbal and written arguments both for and against the cut in hours, before deciding to allow the appeal.

In a statement to the court, the bench criticised the minutes of both Pembrokeshire County Council and Saundersfoot Community Council on their deliberations over the PEL, feeling that they did not show that the evidence they received on the issue was "critically examined."

The bench noted that their minutes indicated that only two members had spoken during the community council's debate and none of their claims were critically examined.

They also noted that Clr. Ron Brabon was to attend the licensing sub-committee on the community council's behalf - but he had been given "no information as to what he should be told to say."

The bench also slammed the sub-committee's own minutes of their February meeting, feeling that "they contain very general comments, rather than specific decisions being made about the evidence they were examining."

One example concerned a letter from Dyfed-Powys Police detailing incidents near the Sands Club.

"It has been accepted at this hearing that not all the incidents recorded had connections with the Sands," the bench commented. " It is important in our view that the sub-committee should have clarified which incidents it was linking to the Sands and which it was not.

"Similarly, when taking information from other objectors or supporters, it should have clearly set out what they believe is relevant and what is not."

The bench noted that Dyfed-Powys Police, the Mid and West Wales Fire Brigade and the county council's own officers had recommended that the licence be renewed as existing, with the council officers putting forward a series of specific conditions to be added.

The bench also felt that some of the verbal evidence from local residents heard in court was "somewhat tainted" and "unfortunately did not command a high level of credibility."

From what they heard over the two days, the bench felt that the evidence presented "did not justify the comment made by the sub-committee that there was evidence of unacceptable levels of public nuisance and public order as a result of the use of the premises until 1.30 and 2 am.

"We also believe that there is no evidence of strong objections from local residents about noise levels, public order and disturbance at, and around, closing time," they added.

The bench noted that the county council's environmental health officers presented a report to the sub-committee about a noise monitoring visit on February 9.

"It is unfortunate that this report is not detailed enough for councillors to understand what a reasonable noise level would be," commented the bench. "The minutes do not show that county councillors questioned officers about the report."

In ruling that the PEL opening hours be revised to 1.30 am on Mondays and Thursdays and 2 am on Tuesdays, Wednesdays, Fridays and Saturdays, the bench also felt that the council's commercial pollution team recommendations were "reasonable" and should be included as special conditions.

The bench noted that the owners of the club were also prepared to consider the erection of a shelter to the rear of the club for patrons waiting for taxis.

"This may be something which could be investigated if this will relieve noise levels at the front of the premises, but we do not believe this should be part of the licence conditions," the bench concluded.