Agenda, decisions and draft minutes

To receive any apologies for absence.

Item 5:

Betsi Cadwaladr University Health Board (BCUHB) Public Health Representative

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

REUBENS COFFEE HOUSE, 31 STRYD FAWR, CAERNARFON LL55 1RH

To consider the application

DECISION: ⁠To approve the application

Opening Hours:

Sunday 08:00 — 00:00 

Monday 08:00 — 00:00 

Tuesday 08:00 — 00:00 

Wednesday 08:00 — 00:00 

Thursday 08:00 — 00:00 

Friday 08:00 - 00:00 

Saturday 08:00 - 00:00

Licensable Activities:

Supply of Alcohol: On and off the premises

Sunday 08:00 - 23:30

Monday 08:00 - 23:30

Tuesday 08:00 - 23:30

Wednesday 08:00 - 23:30

Thursday 08:00 - 23:30

Friday 08:00 - 23:30

Saturday 08:00 - 23:30

Additional measures, as set out in part M of the application and which were agreed at the hearing are to be included as conditions which includes the following:

·        A record of all refused sales of alcohol

·        Install and maintain a comprehensive CCTV system with recordings to be stored for a minimum of 31 days with date and time stamping

·        Staff Training;

·        In house accident book

·        Challenge 25 Policy;

·        No loud music and customers will be asked to leave quietly and respectfully;

·        A noise impact assessment to be undertaken prior to opening and for the result to be shared with the Public Protection department;

·        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.

Note:

The Applicant will also be aware that the licensing hours cannot be operational until the variation in the hours stipulated on the current planning permission hours have been varied and approved. The current planning permission allows for trading until 18:00 hours.

The Chair welcomed everyone to the meeting.

a)               The Licensing Department's Report

The report of the Head of Environment Department was presented, providing details of a premises licence application for Tŷ Coffi Reubens. It was explained that the property would mainly operate as a coffee shop, with additional provision to sell alcohol to be consumed 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.

It was reported that Environmental Health had lodged an objection due to concerns relating to public nuisance. Permission was originally granted for the property to open as a coffee house and not a bar, with opening hours until 18:00 and not 00:00. Should the property be granted permission to sell alcohol, Environmental Health was concerned that, with live and recorded music being played on the property, it would potentially cause noise disturbance for the properties of nearby residents. Environmental Health also highlighted that a noise impact assessment had not been completed.

Reference was made to observations received from the Planning Department which confirmed that the application was contrary to the requirements of the current planning permission for the property - the current permission allowed activity until 18:00. It was reiterated that an application had not been received to vary the hours, but a request to change the use from A1 to A3 was awaiting decision.

The officers, in accordance with the Licensing Act 2003, recommended that the Committee approved the application, subject to the following terms:

·        The applicant must ensure full compliance with the planning permission, and the licence must not become operational until planning matters have been resolved.

·        The operating hours and the licensed activities must be in accordance with the hours approved under the planning permission.

·        A noise impact assessment must be provided to address the concerns of Environmental Health and to ensure the prevention of public nuisance.

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/her representative to ask questions of the Council’s representative.

·        The applicant and/or his/her 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/her representative. 

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

·        Every Consultee to be invited to support any written representations.

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

·        The legal officer to summarise the requirements of the application.

c)       In response to a question regarding the right to  ...  view the full minutes text for item 4.

CLYNNOG PETROL STATION AND SHOP,  ANNWYLFA GARAGE, CLYNNOG FAWR, CAERNARFON, GWYNEDD LL54 5PF

To consider the application

DECISION: ⁠To approve the application

Opening Hours:

Sunday 00:00 — 23:59 

Monday 00:00 — 23:59 

Tuesday 00:00 — 23:59 

Wednesday 00:00 — 23:59 

Thursday 00:00 — 23:59 

Friday 00:00 — 23:59 

Saturday 00:00 — 23:59

Licensable Activities:

Supply of Alcohol: Off the premises

Sunday 06:00 - 00:00

Monday 06:00 - 00:00

Tuesday 06:00 - 00:00

Wednesday 06:00 - 00:00

Thursday 06:00 - 00:00

Friday 06:00 - 00:00

Saturday 06:00 - 00:00

The additional measures, as set out in part M of the application and which were agreed at the hearing are to be included as conditions which includes the following:

·        To install and maintain a comprehensive internal and external CCTV system with recordings to be stored for a minimum of 30 days

• Fire safety equipment to be installed and maintained
• Staff Training in alcohol sales and safety procedures
• Adequate bins
• In house accident book
• Challenge 25 Policy as well as till prompts; ‘Till prompt’ to be used for all age-restricted products
• Register of refusal of sales to be kept and maintained on the premises
• Spirits to be located behind the counter and alcohol to be stored away from the entrance
• No drink driving warnings to be displayed on the premises
• Staff Training of refusing sales to those under the influence of alcohol
• Signs on the premises noting that alcohol will not be sold to those under the influence.

The Chair welcomed everyone to the meeting.

a)     The Licensing Department's Report

The Head of Environment Department's report was submitted, providing details on an application for a property licence from Sterling Petroleum Ltd. It was explained that the property would operate as a convenience store with a petrol station, and provision to sell alcohol off the premises.

It was noted that the Licensing Authority's 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.

The officers, in accordance with the Licensing Act 2003, recommended that the Sub-committee considered the responses and approved the application in accordance with the compromise of the operating hours that the applicant had agreed to in response to comments from the Betsi Cadwaladr University Health Board (BCUHB) Public Health, and in accordance with the requirements of the Licensing Act 2003.

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/her representative to ask questions of the Council’s representative.

·        The applicant and/or his/her 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/her representative. 

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

·        Every Consultee to be invited to support any written representations.

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

·        The legal officer to summarise the requirements of the application.

In response to a question regarding the 24-hour availability of alcohol in a similar property in the area, it was noted that the only property was a supermarket in Bangor.

c)     Elaborating on the application, the applicant's representative noted the following comments:

·        That the company has many locations across the country

·        That all locations have a garage, convenience store

·        That the application, for the 24-hour sale of alcohol, matched the shop's opening hours, which would make managing and implementing the business more effective

·        That the company has a good management structure, with Area Managers willing to work with local residents and the Local Authority to meet the licensing objectives

·        Dependent on the area or the neighbourhood, that some locations, that are open after 23:00 have a night window and / or additional safety measures, but others have their doors open for customers

·        The company has a vast experience of managing 24/7 alcohol licences, and that they can offer support to the Policy by providing CCTV, and a way of keeping the neighbourhood safe

·        Safety measures will be followed and implemented to protect the public

·        That there is a detailed training programme for staff  ...  view the full minutes text for item 5.