Issue - meetings

Land and Seafood Bar, Abersoch Land and Sea, Royal Garage, Abersoch, LL53 7AH

To consider the application

DECISION

To refuse the application

Submitted – the report of the Licensing Manager giving details of the application for a premises licence for a restaurant with the right to sell alcohol and serve meals from a catering van on a section of land outside the building of a boat sales and repairs business between the hours of 11:00 and 21:20, seven days a week and an additional half-hour to allow customers time to finish up and leave. It was reported that no application had been made to hold entertainment, but should the licence be permitted the applicant would be able to benefit from exceptions under the Live Music Act 2021 to play amplified music until closing time at 22:00.

It was noted that the 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 the measures that had been recommended by the applicant to promote the licensing objectives, and it was highlighted that these measures would be included on the licence.

Attention was drawn to the responses that had been received during the consultation period. It was noted that a number of objections had been received to the application in relation to the four licensing objectives - Crime and disorder prevention, public nuisance prevention, ensuring public protection and the protection of children from harm.

It was recommended that the Committee should refuse the application in accordance with the requirements of the Licensing Act 2003 and for the following reasons in particular:

·         That the open site was in a dangerous location on the side of a busy highway and junction, and on the curtilage of a busy boat business.

·         It would not be possible for the applicant to prevent the risks to customers or others due to traffic from cars and tractors with trailers and boats through control measures as the site was not safe or suitable as a licensed premises.

·         It would not be possible to control noise from this open location; despite the measures proposed by the applicant.  

In considering the application, the following procedure was followed:-

·       Members of the Sub-committee and the applicant were given an opportunity to ask questions to the Licensing Manager

·       The applicant was invited to expand on the application

·       Members of the Sub-committee were given an opportunity to ask questions of the licensee.

·       The Licensing Manager was given an opportunity to ask questions of the licensee.

·       The consultees were given an opportunity to support any written observations

·       The Licensing Manager and the applicant were given an opportunity to summarise their case

Elaborating on the application, the applicant noted:

·         That the front of the building was empty and it was a suitable location to offer food and drink to customers

·         That a risk assessment had been completed - parking space arranged and fencing installed to establish a boundary

·         The venture was for the summer holidays only - would benefit the local economy and would be an additional element for the  ...  view the full minutes text for item 4