Agenda item

 

BRAICH GOCH RED-ARM, BRAICH GOCH BUNKHOUSE and INN, CORRIS

 

To consider the above application

APPLICATION FOR PREMISES LICENCE - BRAICH GOCH  RED-ARM, BRAICH GOCH BUNKHOUSE AND INN, CORRIS,

 

On behalf of the premises: Maria P de la Pava Catano (applicant) and H S Rodrigues  

 

Others invited: Mark Mortimer (Public Protection Enforcement Officer, Gwynedd Council)

      Cllr Simon Quincey (Vice-chair of Corris Community Council)

                                               

a)            The Licensing Department's Report

 

Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Braich Goch Bunkhouse and Inn. The application was made in respect of staging plays and showing films, playing live / recorded music (on and off the premises), dance performances including other entertainment, the supply of alcohol and the provision of late night refreshment.  The intention was to run the premises as an educational and residential centre and as an essential resource for individuals and community organisations.

 

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 one e-mail had been received objecting to the application due to road safety concerns and noise nuisance and one e-mail was concerned about the hours for live music.  It was added that Gwynedd Council's Public Protection Unit had suggested further licence conditions and the applicant had agreed to these.

 

It was highlighted that Corris Community Council had submitted amended observations on 3.6.19, and it was agreed for these observations to be shared with the applicant.  Following the applicant's decision to accept the conditions of the Public Protection Unit, the amended application was substantially different to what had originally been submitted.  Consequently, Corris Community Council had withdrawn their objection.

 

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 to 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 to the licensee.

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

 

b)            In expanding on the application, the applicant noted that she was happy with what had been presented.

 

c)            She added the following observations:

·         The enterprise was a community interest company with charitable aims

·         The premises will not operate as a bar - the bar would be used for events only, such as raising money and staging performances

·         The company works with young adults through dance and film

·         She was willing to accept the conditions

·         Her intention was to work with the community and therefore she will try to alleviate noise concerns

·         The company was self-supporting

·         It was not proposed to be open all the time - specific dates for events 

 

In response to a question regarding the provision for children, it was noted that the main aim was to work with young adults (18+) but it would be possible to use another room for children, if necessary.

 

ch)       The consultees in attendance took the opportunity to expand on their objections to approving the licence and reiterated observations submitted by letter.

·         Following the applicant's decision to accept the change in the closing hours from 2am to 12am, it was noted that the closing hours were acceptable - the objection was withdrawn.

·         It was necessary to emphasise the concern about noise - the location of the premises in the valley and the tendency for noise to accumulate

·         A request for the owner to encourage customers to leave the premises quietly at the end of an event.

 

d)            In response to the observations, the Public Protection Enforcement Officer, Gwynedd Council noted that the noise conditions /regulations had been included in the licence.  In response to the applicant's comments that the noise conditions included very technical information, it was noted that the applicant would need to keep within the guidance or a notice would be issued.  A noise measuring device would be installed in the building and the applicant's responsibility will be to monitor the noise levels and to follow guidance.

 

dd)         In response to a question regarding access to disabled toilets, the applicant highlighted that a ramp would be installed.  She added that the internal layout of the building has to be reconsidered as the access to the toilets was not ideal.  The solicitor noted that re-locating the toilets would be a planning matter and the building control unit would be likely to consider this if a planning application was submitted in the future.

e)            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 applicant and interested parties 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 as amended following discussions between the applicant and the Public Protection Service, Gwynedd Council.

 

Specific consideration was given to the e-mails received expressing concerns.  It was highlighted that the Community Council objected to the element of the application that requested the sale of alcohol and playing music until 2:00am. Concern was expressed that this would lead to an increase in customers leaving the premises intoxicated and walking along the main road nearby. This would undermine the licensing objective of ensuring public safety.  There was also concern that there would be an increase in noise that would disturb nearby residents. This would undermine the licensing objective of preventing public nuisance.

The Sub-committee did not dismiss the possibility that problems involving public safety could arise in relation to intoxicated customers, however, no evidence had been received noting the number, density or the frequency of additional customers who would be attracted to the premises if a licence was approved.  It was also highlighted that the Highways Department of Gwynedd Council, the Trunk Roads Agent nor North Wales Police had presented any concerns regarding public safety.  The same consideration given was to the concern about public nuisance problems.  No evidence was submitted of the number, density or the frequency of such incidents and therefore it would be difficult for the Sub-committee to reach a conclusion that approving the licence would undermine public nuisance.

Although Public Protection had no objection to the application, conditions of noise control and minor amendments to the hours were recommended in the interest of protecting the licensing objective of preventing public nuisance.

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.

 

The Braich Goch hearing concluded at 11:340am