Agenda item

Snowdon Mountain Railway, Llanberis

 

To consider the above application

On behalf of the premises:              Mr Chris Jones

                                               

a)            The report and recommendation of the Licensing Department.

 

Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Snowdown Mountain Railway

 

Attention was drawn to the details of the licensed activities and the proposed hours in the report. It was noted that 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 along with the responses received during the consultation period.

 

It was noted that three letters had been received objecting to the application due to concerns that the proposed licensed activities would undermine two of the licensing objectives - ensuring public safety and preventing public nuisance. In response to the objections, it was highlighted that a mediation meeting had been held on 20 February 2019 so that the objectors could discuss their concerns with the applicant. Consequently, the applicant agreed to a substantial compromise, by proposing changes and accepting new conditions on the application. It was reported that the objectors had now accepted the application and that it was being presented to the Sub-committee in order to confirm these changes formally.

 

In considering the application, the following procedure was followed:

·      Members of the Sub-committee and the applicant were given the opportunity to ask questions of the Licensing Manager.

·      The applicant was invited to expand on the application.

·      Consultees were given an opportunity to present their observations

·      The licensee, or his representative, was invited to respond to the observations.

·      Members of the Sub-committee were given an opportunity to ask questions of the licensee.

·      Members of the Sub-committee were given an opportunity to ask questions of the consultees.

           

RESOLVED to approve the application in accordance with the amended conditions

 

1.    It was agreed to restrict the hours of alcohol sales at the Trading Post from 09:00 to 18:00.

2.    It was agreed to only sell 'specialist' bottles of beer and spirits at the Trading Post. 

3.    It was agreed to sell alcohol for consumption off the Trading Post premises only.

4.    No recorded music to be played from the Trading Post or the Car Park at any time.

5.    Hours of licensed activities and proposed conditions to remain the same as the original application for the Llanberis Station Cafe and Gift Shop.  

 

In reaching their decision, the Sub-committee considered the application form along with written comments submitted by interested parties, the Licensing Officer's report, and verbal comments from the applicant's representative at the hearing. The Council's Licensing Policy and the Home Office guidelines were also considered. All considerations were weighed up against the licensing objectives under the Licensing Act 2003, namely:

i.       Crime and Disorder prevention

ii.     Public nuisance prevention

iii.   Ensuring public safety

iv.   Protection of children from harm

Specific consideration was given to the three letters received from nearby residents, expressing concerns that the application in its original form would harm the licensing objective of preventing public nuisance and ensuring public safety. In short, concerns were raised that approving the original application would mean that the Trading Post specifically was,

·       close to the highway, and therefore attracted increased activity, that would lead to a public safety problem;

·       close to a nearby residential property, and therefore playing recorded music would lead to noise disruption which would, in turn, cause public nuisance problems.

However, following a mediation meeting, the applicant had agreed to amend the application in order to mitigate the risk of any public safety or public nuisance problems that would arise in relation to the Trading Post.

The Sub-committee was not required to make a decision on the grounds of observations from nearby residents, as this was not needed on this occasion due to the outcome of the mediation meeting. However, it was accepted that approving the licence in accordance with the original application could have led to increased activity and noise surrounding the Trading Post. It was also accepted in principle that these matters could have led to public safety and public nuisance problems.

Under these circumstances and on the basis that there were no remaining objections, the Sub-committee was satisfied that the amended application was in-keeping with the licensing objectives.