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  • Agenda, decisions and minutes

    Central Licensing Sub Committee - Friday, 29th July, 2022 10.00 am

    • Attendance details
    • Agenda frontsheet PDF 354 KB
    • Agenda reports pack PDF 2 MB
    • Printed decisions PDF 30 KB
    • Printed minutes PDF 259 KB

    Venue: Cyfarfod Rhithiol / Virtual Meeting. View directions

    Contact: Lowri Haf Evans  01286 679878

    Items
    No. Item

    1.

    APOLOGIES

    To receive any apologies for absence.

    Minutes:

    Apologies were received from Councillor John Brynmor Hughes, Wendy Lloyd Jones and John Gwilym Jones (local residents) for item 4, and Councillor Gwynfor Owen (Local Member) for item 5

     

    2.

    DECLARATION OF PERSONAL INTEREST

    To receive any declaration of personal interest.

    Minutes:

    None to note

     

    3.

    URGENT ITEMS

    To note any items that are a matter of urgency in the view of the Chairman for consideration.

     

    Minutes:

    None to note

     

    4.

    APPLICATION FOR A PREMISES LICENCE pdf icon PDF 192 KB

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

     

    To consider the application

    Additional documents:

    • Premises Licence Application , item 4. pdf icon PDF 530 KB

    Decision:

    DECISION

     

    To refuse the application

     

    Minutes:

    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.

    5.

    APPLICATION FOR A PREMISES LICENSE pdf icon PDF 157 KB

    Caffi Llew Glas, 3 Plas y Goits, Stryd Fawr, Harlech,  LL46 2YA.

     

    To consider the application

    Additional documents:

    • Application , item 5. pdf icon PDF 1 MB

    Decision:

    Decision:

     

    To grant the application in accordance with the conditions set out by Snowdonia National Park planning application NP5/61/T2E

     

    Minutes:

    1. Caffi Llew Glas, 3, Plas y Goits, Stryd Fawr, Harlech

     

    Representing the premises:            Ms Harriet Brown (applicant) 

     

    Respondents:                                     Mr Dafydd Thomas (Snowdonia National Park  Planning Officer)

     

    The Chair welcomed everyone to the meeting. The Chair highlighted that all parties would be allowed up to five minutes to make their representations.

     

    a)            The Licensing Department's Report

     

    Submitted – the report of the Licensing Manager giving details of the application for a premises licence for a light refreshment café / bar with seating areas inside and outside the property.

     

    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 response that had been received during the consultation period. It was noted that Snowdonia National Park Authority objected to the application because it was contrary to the rights of planning application number NP5-61-T2E-DN but if the applicant were to amend the hours to comply with the conditions of the application, it would be acceptable.

     

    It was recommended that the Committee should approve the application in accordance with the observations of Snowdonia National Park Authority and the requirements of the Licensing Act 2003 and the following reasons in particular:

     

    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

    Disappointment was noted that the Harlech Community Council had not submitted their opinion and that including photos of the property and/or photos of the square / street would have been beneficial.

    In response to a question regarding the recommendation of the Licensing Unit, it was confirmed that it recommended approving the application in accordance with the observations of the Snowdonia National Park Authority, and not the observations of Public Protection, as noted in the report.

    Elaborating on the application, the applicant noted:

    ·         That she had a small, light enterprise in mind

    ·         She would not venture with anything bigger as it was difficult to recruit staff

    ·         Happy to amend the opening hours to coincide with the planning application

     

    In response to a question regarding how the applicant intended to alleviate noise concerns in future, she noted that she had no intention of holding entertainment or late evenings. She reiterated that her father lived in the flat above and was critical of any noise! She also noted that the  ...  view the full minutes text for item 5.