Agenda item

Camlan Garden Centre, Farm Shop and Cafe, Dinas Mawddwy, Machynlleth

 

To consider the above application

1.                   Camlan Garden Centre, Farm Shop and Cafe, Dinas Mawddwy, Machynlleth

 

On behalf of the premises: Mrs Lisa Allsop (Owner)

 

 

a)                   The Licensing Department's Report

 

The report of the Licensing Manager was submitted giving details of the application for a premises licence for Camlan Garden Centre, Dinas Mawddwy. The application was submitted in relation to premises that comprise a farm shop and café mainly selling Welsh produce, fruit and vegetables. It was proposed to sell alcohol both on and off the premises together with holding around twelve temporary events such as restaurant evenings, afternoon tea and late-night shopping events.

 

Attention was drawn to the details of the licensed activities and the proposed hours in the report. It was noted that the 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 highlighted that these measures would be included on the licence.

 

It was noted that an observation had been received from the Snowdonia National Park Authority stipulating that in accordance with the Town and Country Planning Act 1990 a condition should be imposed for the applicant to reduce the hours stated on the application form to 10:00 - 16:00 on Sundays and Bank Holidays.  An observation had also been received from a neighbour expressing concern about noise late at night.

It was recommended that the Committee approved the application subject to the applicant agreeing to comply with the planning conditions set by the National Park.

In considering the application, the following procedure was adhered to:-

·      Members of the Sub-committee and the applicant were given an 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/her 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 applicant noted that she was happy with what had been presented.

 

She added the following observations:

·         That the non-standard times would be for special events (eg restaurant evenings, late-night shopping events and afternoon tea).

·         That she accepted the conditions proposed by the Snowdonia National Park Authority and was willing to reduce the opening hours.

·         That it was proposed to sell quality Welsh products from the shop.

·         There was no intention to sell cheap alcohol.

·         It was possible to effectively manage the parking situation. Additional parking was available for restaurant evenings.

 

c)                   The applicant withdrew from the room whilst the Sub-committee members discussed the application.

d) 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 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 

 

It was accepted that Snowdonia National Park Authority did not object to the application, but they recommended conditions in relation to the premises planning permission.  It was highlighted that the planning permission included restrictions on hours that did not permit the premises to operate outside the hours of 8:30 - 20:30 Monday to Saturday and 10:00 - 16:00 Sunday and Bank Holidays. Except for Bank Holidays, the original hours sought appeared to be in-keeping with the planning permission hours. The applicant confirmed that she would amend the application for opening hours and the hours for the sale of alcohol on Bank Holidays from 10:00 to 16:00. This was consistent with the planning permission. It was noted that the Sub-committee would not include the other non-standard times on the licence, but invited the applicant to apply for temporary events notices as required.  The applicant confirmed that she agreed with the comments.

 

In response to the concerns of a local resident that noise would stem from the premises at night, it was highlighted that the application did not request hours later than 18:00 and no application for music and entertainment had been submitted.  Consequently, the Sub-committee was satisfied that approving the licence would not lead to a late night noise problem and would be in line with the objective to prevent public nuisance.

 

 

The Sub-committee was satisfied with the licence application as amended, with the inclusion of the proposed conditions by the Snowdonia National Park Authority, and that it was in line with the licensing objectives.

 

The Solicitor reported that the decision would be confirmed formally by letter and sent to all present.