GREAT BREAKS LEISURE Ltd, CEILWART BUNGALOW, NORTH PROMENADE,
BARMOUTH, LL42 1BJ
To consider the above application
Minutes:
APPLICATION FOR
PREMISES LICENCE - GREAT BREAKS LEISURE LTD, CEILWART BUNGALOW, NORTH
PROMENADE, BARMOUTH,
Councillors Annwen
Hughes and Angela Russell had visited the site together with the Local Member,
Councillor Gethin Glyn Williams and was organised and supervised by Heilyn
Williams, Licensing Officer 30.05.19.
The panel and officers were introduced to everyone
present and it was announced that everyone had up to 5 minutes to directly
share their observations on the application.
On behalf of the premises: Kayleigh Olley (applicant)
Others invited: Mr
Ian Williams (North Wales Police)
Councillor Gethin Glyn Williams (Local Member)
Local
consultees - Patrick Butcher, Elizabeth Davey, Robert Davey, Kathleen Bonser,
Howard Hampshire and Amanda Owen (Hendre
Mynach)
a)
The Licensing Department's Report
Submitted – the
report of the Licensing Manager giving details of the application for a
premises licence for Great Breaks Leisure Ltd, Ceilwart Bungalow, North
Promenade, Barmouth. The application was
made in respect of showing films, playing live / recorded music (on and off the
premises), the supply of alcohol, and the provision of late night refreshment. The premises is intended to be run as holiday
accommodation for disabled people and their families offering entertainment
such as occasionally showing of films and playing live music together with
licensed activities indoors and outdoors:
(outdoor entertainment until 10pm only and the sale of alcohol for
consumption outside until 11pm only).
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
a number of e-mails and letters had been received objecting to the application
due to concerns about anti-social behaviour and public nuisance such as noise,
loud music and litter. Reference was
made to the possible increase in crime and disorder such as vandalism and
disorderly behaviour: concerns were noted about public safety, access to
emergency services due to the nearby railway and the narrow unlit road.
Reference was also made that approving the licence would cause harm to children
and young people who would be staying at a nearby campsite. It was added that
observations had been received from North Wales Police (regarding door
supervision matters) and the Council's Planning Department (regarding planning
permission compliance).
It was highlighted
that eight e-mails had been received in support of the application, however,
these were not considered relevant to the licensing principles.
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.
ff)
In expanding on the application, the applicant
noted that she was happy with what had been presented.
b)
She
added the following observations:
·
That site visits had taken
place to try to respond to the concerns.
·
That adaptations had been
proposed and agreed
·
That the suggestion by the Police to employ door
supervisors for special events in consultation with North Wales Police had been
accepted as a condition
·
That alcohol would not be
sold for consumption to the public
·
The service was provided
for the family and friends of the residents only
·
There was suitable access
for disabled people
·
They offered a wet room
for the disabled as there was no other one available on the beach
·
The location of the social
area was close to the bedrooms and therefore, as a matter of courtesy and
respect to the residents, the noise would be controlled.
·
In terms of controlling
the numbers, the main building sleeps 14 and the bungalow sleeps four.
·
It will be necessary to
walk through the reception to reach the bar and therefore it will be possible
to control access effectively.
·
It was the Fire Officer who had stated that the
site in terms of safety, could occupy up to 80 persons - it was not proposed to
have this number of people at the site at the same time.
·
She confirmed that the
licence only applied to the public who had a connection with the residents.
ng) The consultees present at the meeting took advantage of the
opportunity to elaborate on their objections to approve the licence and they
reiterated the observations that had been presented by letter.
Patrick Butcher
·
that the railway crossing was dangerous if the
gates are open
·
that the nearby lane was unsuitable for cars
·
questioning the need for external screens
·
he had
doubts and concerns about access
In response to
these observations, the Licensing Officer highlighted that the Fire Service had
not submitted any observations.
Elizabeth Davey
·
Concern if a full licence was approved that they
would receive the same rights as a public house licence
·
Concern about how the applicant would control the
site and refuse access to the public - if a full licence was approved, the site
would be open to anyone. If the licence is not prominent and within everybody's
view, then there were doubts how the situation would be monitored
·
There
was a huge area in front of the building - it would be easy to hold an event
for 80 people - with the total number of residents inviting family and friends,
it would be easy to get 80 in number.
·
There was a temptation to slacken the rules
·
The
application was like an application for a public house licence
·
There
was more to the application than what had been stated
·
No
confidence in the application
·
The
area was dark and depressing - this could encourage minor offences.
Kathleen Bonser
·
She
had no objection to the premises plan
·
Concerns
were raised when an application for a 'public house' licence was submitted
·
Concerns about noise - there was no need to play
live music outside - the impact this could have on nearby residents had to be
considered
·
That
opening the premises to public use would lead to more traffic
Howard Hampshire
·
No
objection to the proposal, but opening the premises to the public raised
concerns
·
Why
the need for a licence?
·
He was aware that one designated premises
supervisor should be noted for the sale of alcohol - the designated person for
the premises lived away from the premises and therefore who would be the
responsible person?
·
Likelihood there would be an increase in traffic,
especially using the third access/exit
·
Will
the applicant keep to her word that it will be for residents' use only?
A letter received from Ystrad Mynach was
acknowledged.
Councillor Gethin Williams (Local Member)
·
He
thanked the sub-committee for the opportunity to discuss the application openly
and to those who had been in contact to object or support the application.
·
He welcomed
that the applicant had accepted the conditions and had made modifications.
·
What
was the meaning of “off sale”?
·
How
can the site be controlled bearing in mind the increase in traffic, more people
on the site and possible public access?
Was it possible to set conditions?
·
A
breach of planning conditions would be enforced / controlled by the Planning
Authority
·
He
welcomed that the opening hours of the premises were consistent with those of
other businesses in the town.
Mr Ian Williams (North Wales Police)
·
As a
responsible authority the Police had no evidence to object to the application.
·
The
police had assessed the application as a facility for disabled persons and
extended family and friends.
·
It was highlighted that the Police, in the context
of the door supervisors had replaced the clause that appeared in part M of the
application with a condition that the premises would employ door supervisors
for special events in consultation with North Wales Police. It was added that
the applicant had accepted the condition.
·
That
the premises had a good CCTV system.
·
In response to an observation about a designated
premises supervisor, Mr Williams noted that every licensed premises authorised
for the sale of alcohol, required the name of one designated premises supervisor
on the licence. It was noted that this
person did not have to be present at the premises at all times, but it should
be easy to contact them when they were not present.
·
In response to a comment regarding controlling
access, he noted that it was possible to implement test purchase visits and the
Police would respond to complaints if any were presented.
·
In response to the question asking what 'off sales'
meant he answered that the term meant the sale of alcohol for consumption off
the premises.
A suggestion was made to impose a condition for the
sale and consumption of alcohol on the premises only.
In summarising her
application, the applicant noted
·
There
would be no speakers outside
·
That
films would be shown inside only
·
That discussions had taken place with the owner of
Hendre Mynach regarding access
·
That her partner had a personal licence
·
It
would be possible to control and review the bar use
·
That
it was mandatory to provide services for the disabled
c)
In reaching
its decision, the Sub-committee considered the applicant's application form
along with verbal and written comments submitted by interested parties and the
Licensing Officer's report. 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 subject to the
additional conditions regarding a door supervisor during special events:
1. Films indoors Monday to Sunday 10:00 - 00:30
2.
Live
music
Indoors
Monday to Sunday 10:00-00:30
Outdoors
Monday to Sunday 10:00 - 22:00
3.
Recorded
music
Indoors Monday to Sunday
10:00 - 00:00
Outdoors Monday to Sunday
10:00 - 22:00
4.
Late night refreshment indoors
Monday to Sunday 23:00 - 00:30
5.
Supply of alcohol to be
consumed on the premises
only - restrict
alcohol to residents
together with families and friends
residents only Monday to Sunday 10:00 - 00:00
6.
Opening hours Monday to Sunday
10:00 - 00:30
7.
The matters listed in the Schedule of Actions will
be incorporated as conditions on the licence, except for the clause in relation
to Door Supervisors
8.
A condition will be added that the premises will
employ SIA registered Door Supervisors for special events, in consultation with
North Wales Police.
Specific
consideration was given to all the observations. The Sub-committee did not
dismiss the possibility that an increase in customers may lead to some offences
and anti-social behaviour that would undermine the objective of preventing
crime and disorder, as noise and loud music problems can undermine the
objective of preventing public nuisance.
However, no evidence was submitted that these problems were occurring
and there were no details regarding the number, frequency, density, dates and
times of the incidents. Consequently, the Sub-committee was not persuaded on
the basis of the evidence that came to hand that granting the licence would be
likely to undermine the objectives of preventing crime and disorder and
preventing public nuisance.
In
the same manner there was no evidence, beyond doubt, submitted regarding the
public safety concerns with the road and the railway. Since Network Rail, Gwynedd Council's
Highways Department nor the Police had submitted observations, this strongly
suggested that there would be no serious implications to public safety if the
licence was granted.
In
responding to the concerns that granting the licence would place children at
risk of harm, it was considered that the number of caravan and camping sites
that were licensed and therefore it would be difficult to argue that locating a
licensed premises close to a campsite would cause harm to children.
The
planning concerns were not considered as they were not directly relevant to the
licensing objectives. However, the
applicant was reminded that she had a responsibility to ensure compliance with
the planning system as well as licensing arrangements. It had to be ensured
that the use of the premises under the licence was in accordance with the
planning permission that was in place.
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: