Agenda item
2, MITRE
PLACE, PWLLHELI, LL53 5HE
To consider
the above application
Minutes:
On behalf of the premises: Mr Fatih Yilmaz a Mrs Mary Yilmaz
a)
The Licensing Department's Report
The report of the
Licensing Manager was presented, giving details of an application for a
premises licence for 2, Mitre Place, Pwllheli. The application was made
in respect of the provision of hot food as late night refreshment to be
consumed on and off the premises. It was highlighted
that the premises owners had held a premises licence with Gwynedd Council since
2005. It was noted that a licence to sell hot food was
previously held on the premises, and that the hours noted on the application
were no different to the hours noted on that licence.
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
two letters had been received objecting to the application due to concerns that
the proposed licensed activities would undermine two of the licensing
objectives – preventing public nuisance and preventing crime and disorder. It was highlighted that a late e-mail had been received from
the Fire Service, but that it had no objection to the application.
In considering the application, the following procedure was
adhered to:
· 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 their 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.
b)
In expanding on the application, the applicants
noted that they were happy with what had been submitted.
It was highlighted that the previous licence holder
had surrendered the licence during the period of time when the applicants were
purchasing the premises.
They added the following observations:
·
That they lived locally and were taking advantage
of the opportunity to purchase their own property
·
That they were relocating the business from a
nearby street
·
That they had experience of running a business
·
It was confirmed that CCTV would be available
In response to a
question regarding adding a rear entrance to the premises, it was noted that
discussions had been held with neighbours and that plans were under-way to
extend the roof, to add a door to the rear of the building, and to redesign the
interior. It was noted that discussions had been held
with the Public Protection Enforcement Officer with regard to re-registering
the building as it had been closed for two years.
In response to a
question around concerns regarding litter and waste collection arrangements, it
was noted that discussions had been held with the
nearby public house to find a site for storing bins. It was
noted that these had been verbal discussions, but that formal
confirmation of what had been said was expected via e-mail. In terms of keeping
the area around the shop tidy, it was noted that staff
would collect litter around the premises after the shop closed.
In response to a
question regarding door supervisors, it was highlighted that the applicant was
SIA qualified and had years of experience. It was noted
that there had been no problems on their current premises and it was suggested
that if the Police required more supervision, this would have been noted in
their comments. It was added that discussions had been
held with Mr Ian Williams (North Wales Police).
c)
In reaching its 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 applicants 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
RESOLVED to approve
the application
1.
Opening Hours:
Monday-Thursday 11:00-01:00, Friday-Saturday 11:00-02:00, Sunday 11:00-01:00
with an extension until 02:00 on Sundays before Bank Holiday Mondays.
2.
Late
Night Refreshments to be eaten in and taken out:
Monday-Thursday 11:00-01:00, Friday-Saturday 11:00-02:00, Sunday 11:00-01:00
with an extension until 02:00 on Sundays before Bank Holiday Mondays.
3.
The
matters listed in the Schedule of Actions were included as conditions on the
licence.
Specific
consideration was given to two letters received from
local business owners, expressing concerns that the premises area currently had
problems involving litter, people urinating in the street, late night noise,
and public order offences. Those opposed to the application argued that
awarding the licence would lead to an increase in the frequency of these
problems.
The
Sub-committee did not dismiss the possibility that problems involving
littering, urinating in the street and late night noise existed, either together
or individually; nor that these could, in principle, lead to public nuisance.
In the same way, it was accepted that public order
offences could have happened and that they could be relevant to the objective
of preventing crime and disorder. However, no evidence was
submitted with regard to the number, frequency, density, dates and times
of the events claimed to have happened, nor of the likely increase in the case
of awarding the licence. As a result, there was no means for the Sub-committee
to decide whether the problems in actual fact came
over and above the threshold of undermining the public nuisance or crime and
disorder objectives, nor whether awarding the license would lead to passing the
threshold.
The Sub-committee
noted that neither the Council's Environmental Health Department (with regard
to litter, urination or noise) nor the Police (with regard to offending) had
submitted any comments on the application. This strongly suggested that the
problems were not major ones. The Sub-committee had not been
persuaded by the evidence that awarding the licence undermined the objectives
of public nuisance prevention or crime and disorder prevention, and was
therefore satisfied that the application was in accordance with the licensing
objectives.
The Solicitor reported that the decision would be confirmed formally by letter sent to everyone
present. He also notified that they had the right to appeal the decision within
21 days of receiving the letter.
Supporting documents: