BRAICH GOCH RED-ARM, BRAICH GOCH BUNKHOUSE and INN, CORRIS
To consider the above application
Minutes:
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withdrawn their objection.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
Supporting documents: