Agenda, decisions and draft minutes

To receive any apologies for absence.

None to note

To receive any declaration of personal interest.

None to note

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

None to note

Gwesty Dolbadarn, Stryd Fawr, Llanberis, Gwynedd LL55 4SU

To consider the above application

DECISION: REFUSE

Reason: Insufficient regulatory measures to comply with the licensing objectives

·       Sarah Hopwood          Representing the Applicant

·       Arwel Huw Thomas     Cyngor Gwynedd Planning Service

·       Louise Woodfine         Public Health

·       Moira Duell Pari          Environmental Health, Cyngor Gwynedd

·       Elizabeth Williams      North Wales Police 

Apologies were received from residents who had submitted observations - Lesley Wilson, Adrian Roberts, Dylan Davies and Dylan Wyn Jones.  

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 to vary a premises licence for Gwesty Dolbadarn, High Street, Llanberis. ⁠⁠The application was submitted to vary the premises licence to include the sale of alcohol from the garden outside the hotel, separated by an entrance junction. ⁠

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.

She drew attention to the responses that had been received during the consultation period.

·       A number of nearby residents objected to the application and highlighted concerns regarding several cases of public order offences that had recently occurred in the area; concerns regarding the lack of CCTV provision and poor lighting that was likely to increase the likelihood of criminal activity and disorder with an extension; concerns regarding the welfare of people staying in the Hotel with alcohol dependency issues, as the availability of alcohol at the premises would increase temptation.

·       The Planning Service objected the application as there was insufficient information regarding whether the unit was mobile or not; with the unit situated on the site for a number of months perhaps planning permission would be required; concerns regarding the proposed location of the unit, as the plan indicated that the location was beyond the public house's curtilage. 

·       The Public Health Service, Betsi Cadwaladr University Health Board had submitted observations to oppose in the context of the licensing aims to protect children from harm and public safety and the risks associated with the sale of alcohol close to a property that provided temporary accommodation to homeless persons.  

·       Public Protection (Pollution Control) objected on the grounds of insufficient measures to control public nuisance with complaints being received regarding cooking odours.

·       North Wales Police did not object the application; however, they required amendments to the present licence conditions as there was room for improvement as some conditions had dated and/or had been duplicated according to the law or were inevitable.

The Officer recommended that the Sub-committee carefully considered all the objections received, prior to coming to a decision based on the opinion that the applicant could comply with the licensing objectives or otherwise, and the 2003 Licensing Act.

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  ...  view the full minutes text for item 4.

Becws Melyn, 41 B Stryd Fawr,  Llanberis LL55 4EU

To consider the application

DECISION: REFUSE

Reason: Lack of control to comply with the licensing objectives

·       Sarah Hopwood          Applicant 

·       Heather Jones               Llanberis Community Council 

·       Arwel Huw Thomas    Cyngor Gwynedd Planning Service  

·       Moira Duell Pari          Environmental Health, Cyngor Gwynedd 

Apologies were received from Jen Owen (a local resident who had submitted observations) and Elizabeth Williams (Licensing Officer, North Wales Police who had lost connection due to technical issues. ⁠ 

a)    Submitted – the report of the Licensing Manager giving details of the application to vary the premises licence of Becws Melyn, 41 B High Street, Llanberis. It was explained that Becws Melyn operated as a restaurant and small bar, with drinks served with food. The applicant was of the view that an extension to the opening time would be beneficial, and that the business had been licensed for a year and had been successfully managed over the summer without any issues. Alcohol sales were limited and therefore there was no potential for noise or unruly behaviour. 

Permission was sought to extend the sale of alcohol to commence at 09:00am instead of 12pm, and to extend the opening hours from 22:00 at night to 00:00 on Thursday, Friday, Saturday and Sunday nights. Permission was also sought to extend the hours of live and recorded music on Thursday, Friday, Saturday and Sunday nights until 00:00.   

It was highlighted that the application's consultation period was extended to 13 August because it had not been advertised correctly, but it was confirmed that the Licensing Authority was satisfied that the application was advertised in line with the requirements of the Licensing Act 2003 and the relevant regulations and was therefore valid.

She drew attention to the responses that had been received during the consultation period.

·       Llanberis Community Council objected the application as noise complaints had been received following one of the evenings held at the premises. It was also noted that noise carried when the front doors of the restaurant were open.

·       The Planning Service highlighted that an amended Planning consent permitted the premises to be open between 8:00 and 23:30, but the application to vary the licence went beyond those hours on four nights. It was also noted that the enforcement service had received complaints about noise. 

·       Nearby residents objected and they had highlighted their concerns, mainly in relation to the licensing objective of preventing public nuisance, prevention of crime and disorder and a lack of confidence in the business owner's ability to control noise and anti-social behaviour at the premises.

·       The Public Protection Service had received complaints about noise disruption and the business was not adhering to the hours on the Planning consent. Highlighting a concern that insufficient information had been received from the applicant historically or presently on how they intended to operate to ensure that management measures and actions were in place to ensure that the licensing objectives were realised.

·       Although North Wales Police did not oppose the application as the proposed hours were no later than other licensed premises in the area, a comment was received that the Police had received a report regarding a music noise complaint  ...  view the full minutes text for item 5.