Issue - meetings

JAC Y DO, CONSERVATIVE CLUB, CAERNARFON, GWYNEDD LL55 1RT.

To consider the application

To approve the application as presented, subject to including the following noise and lightning conditions submitted by the Environmental Health Department.

·       The internal LAeq 15min sound level and the LAeq 15min sound level for the 31.5, 63 and 125Hz frequency third octave band frequencies shall not be increased within nearby residential properties (measured with windows at the dwellings open or closed) as a result of entertainment noise emitted from the licensed premises. For the purposes of this condition the LAeq sound level is as defined in BS4142: 2019

·       To prevent noise or vibration emanating from the premises, doors and windows at the premises shall be kept closed during regulated entertainment, except for access and egress.

·       Should Gwynedd Council obtain evidence that the noise condition (i) is not being adhered to during the period when the licence remains in force; the premises owner shall carry out the following:

-        Carry out necessary noise insulation / abatement works to ensure that the noise condition is achieved; and / or

-        Install a noise control device in the room/s where entertainment is held. The noise control device shall either be of the automatic power supply cut off type or of the noise limiting type

·       Noise limiting devices, once set, shall not be reset, or adjusted without consultation with the Pollution Environmental Health Officers, Gwynedd Council.

·       The disposal of waste bottles and cans into containers outside of the building subject to the license is prohibited between 22:00 - 08:00. Empty bottles shall be stored in a lidded skip / bin within the cartilage of the premises prior to collection.

·       Music shall not be permitted to be played outside the establishment.

·       Internal and external lighting provided for the purpose of customer and staff safety, and for the security of the premises shall be positioned so as not to cause nuisance to neighbouring or adjoining properties.  

Additional conditions to include:

·       A report shall be submitted to the Council detailing the potential for noise from amplified music at the premises from affecting neighbouring noise sensitive properties on Stryd Y Farchnad, the High Street, Caernarfon, and the flats above the premise.

·       If the assessment indicates that noise from the premises is likely to affect neighbouring noise sensitive properties, then it shall include a detailed scheme of noise mitigation measures to show that nuisance will not be caused to the occupiers of neighbouring noise sensitive properties by noise from the licensed premises.

·       All recommended works shall be completed prior to the commencement of the premises license and the Licensing Authority is to be notified at least 5 days in advance of the works being completed and the premises being used.

·       A noise limiter will be installed to control and measure noise

·       The additional measures submitted in part M of the application, as conditions on the licence. 

Others invited:

Non Edwards – Applicant

Siân Astley – Applicant's Business Partner

The Chair welcomed everyone to the meeting.

a)            The Licensing Department's Report

Submitted – the report of the Licensing Manager giving details of the application for a premises licence for the Jac Y Do pub and restaurant, the Conservative Club, Caernarfon. The application was submitted in relation to Live and Recorded Music Indoors, Late Night Refreshments and the Supply of Alcohol on and off the Premises.

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 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 a response that had been received during the consultation period from Environmental Health indicating that noise control considerations had not been adequately addressed. They had suggested that a noise assessment, noise insulation and mitigation measures needed to be undertaken to ensure that noise from the premises did not cause a statutory nuisance to residents of nearby residential properties. As a result, they recommended refusing the application.

In the absence of the Public Protection Officer, the Licensing Manager reiterated that since the publication of the Sub-committee agenda, a noise assessment had been received and the officer now recommended approval of the application subject to including the noise and light conditions submitted by the Environmental Health Department.

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

·         Members of the Sub-committee to be given an opportunity to ask questions of the Council’s representative.

·         At the Chair’s discretion, the applicant or his representative to ask questions to the Council’s representative.

·         The applicant and / or his representative to be invited to expand on the application and to call witnesses

·         Members of the Sub-committee to be given the opportunity to ask questions of the applicant and / or his representative

·         At the Chair's discretion, the Council’s representative to ask questions to the applicant or his representative

·         Every Consultee to be invited to support any written representations

·         The Council's representative and the applicant or his representative to be given the opportunity to summarise their case.⁠

⁠

c)            In response to a question about the Public Protection Department's handling of a planning application for the property to be used as a pub, and that adequate considerations had not been given to noise control, the Legal Officer noted that while noise was a relevant matter to the planning and licensing system it was the licensing context that needed to be considered here.

ch)       Elaborating on the application, the applicant stated:

·         That it was intended to play background music – nothing noisy. That there was no intention to play live music every day – perhaps once every two weeks.

·         The premises had opened temporarily during the Caernarfon Food Festival and it had emerged at the time that  ...  view the full minutes text for item 4