Y Maes Café, Llandanwg, Harlech, LL46 2SD
To consider the above application
Minutes:
APPLICATION FOR PREMISES
LICENCE - Y Maes Café, Llandanwg, Harlech
On behalf of the premises: Mr Graham
Perch (applicant)
Others invited: Councillor
Annwen Hughes (Local Member)
Mr
Arwel Thomas, Mr Edward Thomas, Mrs Jean Thomas, Mr Richard Poole and Mrs
Sandra Poole – local consultees
The
Licensing Manager highlighted that the Chairman had suggested a site visit as
he was not familiar with the area. To facilitate the
procedure, an application was made to circulate images of the café (from Google
Street Scene) for the benefit of the Sub-committee. The applicant agreed for
the images to be circulated but stated that the site had changed quite a lot
since the photograph was taken.
The correct
translations of observations made by the Local Member, the Community Clerk and
one of the objectors were presented. These observations had originally been
submitted in Welsh, but the translations of those observations included in the
programme had been inaccurate. The applicant
was given the opportunity to read the translations.
a)
The report and
recommendation of the Licensing Department.
The report of the Licensing Manager was submitted which detailed an
application for a premises license for supplying alcohol to customers at a
premises that already operated as a café, seven days a week in summer and on
weekends only in winter. The proposal to offer to sell alcohol for drinking off
the premises and to play background radio music during opening hours (inside
and out) was highlighted. It was noted that the café was currently open until
5pm, but the intention was to remain open until 10pm on Friday and Saturday
nights with alcohol sales until 9:30pm. It was reiterated that the applicant
also considered showing sporting events occasionally
Attention was drawn to the details of the licensed activities and the
proposed hours in the report. It was noted that Licensing Authority officers
had sufficient evidence that the application had been submitted in accordance
with the requirements of the Licensing Act 2003 and the relevant regulations.
Reference was made
to measures recommended by the applicant to promote the licensing objectives
along with the responses received during the consultation period.
It was noted that 24 e-mails / letters had been received objecting to
the application based on the four licensing objectives. Attention was drawn to
the applicants response to the objectors concerns and to the conditions that
would be incorporated into the licence, if the application were granted.
In considering the
application, the following procedure was followed:
· Members of the
Sub-committee and the applicant were given the opportunity to ask questions of
the Licensing Manager.
· The applicant was
invited to expand on the application.
· Consultees were given an opportunity to present their observations
· The licensee, or
his representative, was invited to respond to the observations.
· Members of the
Sub-committee were given an opportunity to ask questions of the licensee.
· Members of the
Sub-committee were given an opportunity to ask questions of the consultees.
b)
In response to a question by the Sub-committee and
in response to several concerns, the Licensing Manager noted that a condition
would be imposed on the licence, if it were approved, for the licence holder to
provide enough customer toilets at times when open to the public.
c)
In expanding on the
application, the applicant noted that he was happy with what had been
presented. He referred to a letter he had submitted in response to concerns
that included possible options for providing toilets.
He reiterated the
following observations:
·
He had no intention of
running the café as a pub or as a late night drinking facility
·
The application for
extending the hours was for Friday and Saturday nights only
·
The facility would also open late for community or
private functions
·
The intention was to play background music only -
no consideration had been given to anything other that that
·
He had highlighted
possible options for a toilet provision. He accepted that it was not possible to
run such a business without toilets, but he expressed concern about the
officers' recommendations since a precedent had been set with a café in Harlech
and a café in Barmouth that operated without toilets.
In response to a question about
CCTV, he noted that he had live streaming at the
café which ran off you-tube for marketing purposes only. It was not a resource that recorded events /
movements. He stated that the resource was no
longer available and that he was seeking a different agency to carry out the work. He stated that he had
requested that the words 'cctv' be removed from the application.
ch) The
consultees in attendance took the opportunity to expand on their objections to
approving the licence and reiterated observations submitted by letter.
·
That the sea's current
by Llandanwg beach was strong and dangerous for bathers. Despite the signs,
visitors were not aware of the dangers. Public safety was paramount.
·
Concern that the
applicant did not live at the property. Suggestion that this would lead to a
situation that lacked control. A manager would have to be at the property
·
Selling alcohol at the
café would change the character of the place. The café, as it was, was run
well; it was busy and popular with families
·
Llandanwg Beach was a unique area of peace and
tranquility
·
The location was not suitable for selling alcohol.
Clear dangers arose with the introduction of alcohol
·
Approving the licence
would lead to an increase in mess and rubbish
·
Approving would be an admittance of businesses taking
precedence over local residents
·
If any dispute were to arise as a result of the
late nights, who would contact the Police?
·
It was not possible to
anticipate the change. The site could be spoilt and it would be difficult to
recreate what existed
·
If the licence were to
be granted, this would disregard the tranquillity of the area, child and pet
safety, the ancient history of Llandanwg.
·
Neighbours of the café saw the application as a
step too far that would have an effect on their privacy
·
Alcohol could be drunk
for a long time before food was consumed - this made it akin to a pub
·
Lack of storage space. Likely that the alcohol
would be kept in wooden sheds to the rear of the building. This was a delicate
situation that would encourage theft.
·
Lack of toilets a concern. These options for toilet
provision were suggestions only - no enforcement. Providing portaloos was not
acceptable.
·
Off-site alcohol
consumption was likely to create a situation where there was an increase in
broken bottles and vandalism
·
The café's neighbours and residents all objected to
the application
d)
In summarising his
application, the applicant noted that a nearby restaurant had an alcohol
licence and that this property, before its change of use into a restaurant, was
a licensed shop. He reiterated that the Police had not received complaints and
had not made any observations. He stated that a designated manager would be on
site supervising the inside and outside of the building. He highlighted that a
number of residents supported his application and if the enterprise were to
fail, he would be unlikely to renew the licence.
e)
In considering the application, the Licensing
Officer's report was considered, in addition to the application form, the
written comments that came to hand from the interested parties, and the verbal
comments presented by all parties present at the hearing. The Sub-committee was
also requested to consider the Council's Licensing Policy, Home Office guidance
and the principles of the Licensing Act 2003.
Crime and Disorder
• Public Safety
• Preventing Public
Nuisance
• Protection of
Children from Harm
RESOLVED to
approve the application subject to the the inclusion of proposed conditions on
the licence:
·
That the licence holder provide sufficient toilet arrangements for the
customers, which would be available whilst the premises is open to the public.
·
That recorded music not be played outside the premises
·
No alcohol sales for drinking off the premises
Specific consideration was given to the following comments and concerns:
The café did not have its
own toilet facilities. It was accepted that allowing the sale of alcohol for
the proposed extended hours would put pressure on the nearby public toilet
facilities. No evidence was submitted that approving the licence would put a
strain on the public toilets and, since customers already used them, the
situation seemed satisfactory. Nevertheless, if the public provision were to
change the situation would be rather different and, therefore, in accordance
with the recommendation of the licensing officers, the sub-committee was eager
to ensure that a sufficient toilet provision was available.
It was noted that Llandanwg
was a quiet area, and that people visited for the tranquillity and the Area of
Special Scientific Interest close by. It was noted that the property was very
close to dwellings and concern was expressed that noise from customers and the
noise from music (being played outside the property) would disturb the peace.
No evidence was presented that approving the licence to sell alcohol in itself
would cause a noise problem and no evidence was submitted of problems and
complaints in the past associated with the premises. Considering that the
property was very close to residential property, the sub-committee believed
that playing music outside the property was likely to affect the amenities of
nearby residents. It was agreed to
accept the licensing officers' recommendation that playing recorded music
outside the property should not be permitted.
Concern was expressed that a licence to sell
alcohol to be consumed off site would encourage people to take drinks onto the
beach and dunes and would lead to the creation of mess and a likely increase in
anti-social behaviour. These arguments
were carefully considered since a lack of evidence of past problems and lack of
observations from the Police about crime and disorder prevention. It was resolved, because of the specific
nature of the property's location, i.e. its proximity to residential property,
a public car park and public beach, that selling alcohol to be consumed off
site would be likely to create problems with public safety and rubbish.
Concern
was expressed that there would be an increase in traffic. The Sub-committee noted that the property
already operated as a café and that there was no evidence to suggest that
approving the licence would be likely to cause a substantial increase in the
traffic.
The Solicitor reported that the decision would
be confirmed formally by letter sent to everyone present. He also notified that
they had the right to appeal the decision within 21 days of receiving the
letter.
The meeting
commenced at 10:00am and concluded at 11:50am.
Supporting documents: