Agenda item

Siop Traeth Becws Islyn, Lon Gam, Nefyn, LL53 6ED

 

To consider the application

To grant the application

APPLICATION FOR PREMISES LICENCE - SIOP TRAETH BECWS ISLYN, LÔN GAM, NEFYN

 

Applicant                              Geraint Jones                                   

 

Local resident                       David Robinson

 

Apologies were received from Jane Spencer and Neil Cookson (local residents)

 

The Chair welcomed everyone to the meeting. The Chair highlighted that all parties would be allowed up to 5 minutes to make their representations.

 

a)    The Licensing Department's Report

 

Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Siop Traeth Becws Islyn, Lôn Gam, Nefyn to sell local produce on the outskirts of the beach in Nefyn. The application was made in relation to playing recorded music on the premises and the sale of alcohol, on and off the premises. 

 

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 that had been recommended by the applicant to promote the licensing objectives, and it was highlighted that these measures would be included on the licence.

 

Attention was drawn to the responses that had been received during the consultation period. It was noted that objections had been received from neighbouring residents that were relevant to the licensing objectives. Concerns were expressed regarding crime and disorder matters, litter on the beach and concerns about a substantial increase in traffic on the road and the lack of parking spaces.

 

It was recommended that the Committee approved the application in accordance with the requirements of the Licensing Act 2003.

 

In considering the application, the following procedure was followed:-

 

• 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.

 

in elaborating on the application, the applicant noted:

·         The proposal would support local businesses - selling local produce

·         The proposal would create local employment

 

 

·         He had run his bakery in Aberdaron for 10 years without any trouble

·         That the sale of alcohol in supermarkets was acceptable

·         Staff volunteered to collect litter from the beach - litter that did not come directly from the shop

·         The shop contributed to the local economy

·         The business was run responsibly and in an orderly manner

 

In response to a question regarding the need to sell alcohol from 8am, it was noted that from what was seen in Aberdaron, visitors tended to buy gifts of local produce before leaving the area.

 

The consultee in attendance took the opportunity to expand on the observations he had submitted by letter.

 

David Robinson

·         He had concerns regarding the application - he lived 50m from the premises

·         Concern regarding selling alcohol on the beach and safety matters

·         That the benches that had beenplaced on the public road prevented traffic

·         The benches created a bar environment 

·         The applicant used public bins for commercial waste - need to adhere to correct procedures

·         Staff used disabled parking spaces

·         No pavement on the road that leads to the café

·         The licence was open to new problems

·         That the produce was special - the sale of alcohol would not add to this - if something it would be detrimental to the area

 

Taking advantage of the opportunity to summarise the case, the applicant noted the following points:

·         That the litter came from the beach and was therefore placed in public litter bins 

·         That there was a need to adhere to the requirements of the licence or it would be revoked

·         That the issue around the benches and their location had been discussed with Gwynedd Council officers and their location was acceptable 

·         There were no traffic problems

·         The intention was to raise standards and not to cause problems

 

The applicant, the local resident and the Licensing Manager withdrew from the meeting while the Sub-committee members discussed the application.

In reaching its decision, the Sub-committee considered the written representations submitted by interested parties and the Licensing Officer's report together with verbal comments from each party at the hearing. The Council's Licensing Policy and Home Office guidelines were considered. All considerations were weighed up against the licensing objectives under the Licensing Act 2003, namely:

                                   i.                        Prevention of crime and disorder

                                 ii.          Prevention of public nuisance

                               iii.          Ensuring public safety

                               iv.          Protection of children from harm

RESOLVED to approve the application

 

The licence was issued as follows:

 

1. Opening hours

Sunday - Saturday: 08:00 – 20:00

 

2. Recorded music indoors:

Sunday - Saturday: 08:00 – 20:00

 

3. Supply of alcohol to be consumed on and off the premises

Sunday - Saturday: 08:00 – 20:00

 

4. Matters prescribed in the Schedule of Actions (Section M) of the application are incorporated as conditions on the licence.

 

All parties were thanked for making representations on the application.

 

The Sub-committee gave due consideration to all the representations. The Sub-committee disregarded observations that had been submitted, on the basis that they were not relevant to the licensing objectives

 

Specific consideration was given to the following:

 

Observations had been received from members of the public (neighbouring residents) objecting to the application referring to the licensing objectives of preventing crime and disorder, preventing public nuisance and ensuring public safety. In summary, concerns were expressed that granting the licence would be likely to lead to an increase in crime, litter on the beach, traffic and lack of parking spaces.  For information, no objections had been received from the Police, the Fire and Rescue Service, the Council's Public Protection Unit or the Council's Highways Department.

 

The Sub-committee highlighted that it accepted that some concerns expressed regarding the application were genuine. However, the Sub-committee was of the opinion that insufficient evidence had been submitted to prove that these problems were likely to happen should the licence be granted, and that it would be contrary to the licensing objectives.

 

A concern was highlighted that granting the licence would lead to an increase in crime with the application undermining the licensing objective of preventing crime and disorder.   However, no evidence had been submitted to support the allegation beyond general allegations that could be attributed to any licensed premises nearby, and it was not explained why these premises in particular would be likely to cause a noise problem more than others. It appeared that the observations had been submitted on the grounds of speculation and not evidence - this was not legal grounds to make a decision - according to the High Court in R (on the application of Daniel Thwaites Plc) v Wirral Borough Magistrates Court [2008] EWHC 838 (Admin). It was also considered that no objections had been received from the Police. Although the absence of objections from the Police did not determine the matter, it was a relevant position. Should a problem with crime be likely to arise, it was the responsibility of the Police to highlight this. Under the circumstances, the Sub-committee had not been persuaded that granting the licence would undermine the objective of preventing crime and disorder.

 

When considering concerns regarding litter, observations were received on the grounds of speculation rather than firm evidence and no observations had been received from the Public Protection Department. Under the circumstances, the Sub-committee had not been persuaded that a litter problem would arise as a result of granting the licence, not to mention one that would reach the threshold of causing a public nuisance.

 

In considering concerns about road safety, lack of parking spaces and increase in traffic, it was accepted that in principle these concerns could be relevant to the objective of protecting public safety. However, these concerns were based on the grounds of speculation rather than evidence and had not been supported by the Police, Fire and Rescue Service, Ambulance Service and the Council's Highways Service.  If approving the application was likely to create an increase in traffic that would cause a risk to road safety, the Sub-committee would have expected that observations from the official agencies would highlight this.   In light of the lack of evidence and observations from experts in the field, the Sub-committee had not been persuaded that granting the licence was likely to undermine the licensing objective of ensuring public safety.

 

While the Sub-committee understood and accepted the concerns of residents about the application, a decision had to be made on legal grounds and based on robust evidence that was relevant to one or more of the licensing objectives. Under the circumstances, the Sub-committee was satisfied that the application was in keeping with the four licensing objectives. The application was approved.

 

The Solicitor reported that the decision would be confirmed formally by letter to everyone who was present. He added that all parties to the application had the right to submit an appeal to Caernarfon Magistrates' Court against the Sub-committee's decision. Any such appeal should be lodged by giving notice of appeal to the Chief Executive, Llandudno Magistrates’ Court, Llandudno within 21 days of the date that the appellant receives the letter (or a copy of the letter) confirming the decision.