Issue - meetings

Clwb Llyn Bach, Heol yr Wyddfa, Porthmadog, LL49 9DF

To consider the application

RESOVLVED:  In accordance with the requirements of the Licensing Act 2003, and considering the observations received, the application was REFUSED.

Reasons -   

None of the measures recommended in part M have convinced either the Licensing Authority or the Public Protection Service that it was possible to have measures in place to manage noise impact at this location which is  surrounded by residential properties.

A complaint had been received recently regarding music noise and the noise of customers at the licensed premises

Although the Public Protection Officer had informed the applicant of the intention to object the application based on the licensing objective of preventing public nuisance; no response was received from the applicant, or any suggestion of compromise.

It would be more appropriate for the applicant to submit temporary event notices in order to attempt to identify means of managing the noise when using the beer garden for licensed activities.  

Clwb Llyn Bach, Heol yr Wyddfa, Porthmadog LL49 9DF

Others invited: 

·        Mr John Lewis Roberts (applicant)

·        Mared Llwyd (Public Protection Manager - Pollution and Licensing Control)

The Chair welcomed everyone to the meeting.

a)    The Licensing Department's Report

Submitted - the report of the Licensing Manager detailing an application to vary the licence of Clwb Llyn Bach, Heol yr Wyddfa, Porthmadog, to add the sale of alcohol from a small building located outside (to the rear of the main building) for licensable activities when events are held at busy times. It was noted that the Club was mainly for members; which included a bar and patio area / beer garden; with a premises licence instead of a club certificate.

A request was made for permission to play live and recorded music until 01:00 every day as well as dance performances, and any similar activity such as stand-up comedians, indoors and outdoors, 7 days a week, but that regulated entertainment, including music and dance, finishes outdoors at 23:00. Although there is no increase in the hours of licensable activities compared to the current licence, the applicant requests the right to hold licensable activities outside the premises until 23:00. It was intended to sell alcohol from the hatch in the external bar until 23:30, and close the beer garden at 00:00, asking the customers to move inside the building. The applicant requested permission for a comedian to perform indoors as well as outdoors until 01:00, despite noting in part M of the application that the outdoor area would close at 00:00.

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.

Attention was drawn to the responses received during the consultation period. It was noted that neither North Wales Police nor the Fire Service had an objection to the application and an observation was received from Porthmadog Town Council stating that they had no objection provided that the activities were restricted to inside the building, and not outdoors. An objection to the application was received from the Public Protection Service based on concerns that the licensing objective of prevention of public nuisance is undermined due to the proposal to hold licensable activities outside the premises with regulated entertainment to be approved in the outdoors until 23:00, and the outdoor bar until 23:30.

It was highlighted that applicants were expected to provide detailed information with the application to allow the Licensing Authority to determine whether the measures proposed are sufficient to promote the licensing objectives in the local area. It was reported that no details of the proposed steps intended to take to mitigate the impact of noise on nearby residents during events where entertainment is held, had been submitted by the applicant in this case.  

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