342, HIGH
STREET, BANGOR, GWYNEDD LL57 1YA
To consider
the above application
Minutes:
APPLICATION
TO VARY A PREMISES LICENCE – THE LOUNGE, 342 HIGH STREET, BANGOR
On behalf of the premises: Mrs Susan Roberts (applicant), Mr Chris O’Neil
(agent)
The Chairman, Councillor W.
Tudor Owen, welcomed everyone to the meeting. The panel and the officers were
introduced to everyone present. It was announced that everybody had up to 10
minutes to present direct observations on the case
The report and recommendation of the Licensing
Section.
a) Submitted – the report
of the Licensing Manager detailing the application for a premises licence for The Lounge, 342, High Street, Bangor elaborating that the application was for a lounge bar with a dancing area. It was noted
that the applicant had included appropriate steps to promote the four licensing objectives as part
of the application. It was highlighted that a premises licence had existed for the premises since 2005 and it had expired
in August 2014.
Following a consultation
period, it was noted that North Wales Police did not object to the application, but wished for the CCTV to be installed at the premises to be subject to specific CCTV conditions. It was noted that
the Public Protection
Service did not object to the application,
but recommended a reduction in the hours of recorded and live music
as well as including fixed standard conditions on the licence to manage noise levels
and prevent public nuisance. An objection to the application had been received from the owner of adjoining flats due to noise
problems, music vibration and the sound of voices emanating from the smoking area outside.
It was noted that Bangor City Council had no objection to the application and that the Fire Service had not provided
observations.
b)
In considering the application, the following
procedure was followed:-
·
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 submit their observations.
·
The licensee, or his 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.
c) In response to a question regarding how the hours of the application compared with the hours of the previous licence, it was noted that there
was very little change between the two. In response
to the opening hours of similar establishments nearby, it was noted that closing
hours on the weekends was 3:00am.
ch) When elaborating on the application, the agent on behalf
of the applicant noted that he was happy
with what had been submitted and confirmed that
the applicant had agreed to
the CCTV conditions of North Wales Police.
Additional
observations of the applicant’s
intention;
·
Bangor City's night-time economy had changed, therefore, there was a need to respond to the demand, compete with others
to earn a living.
·
The premises would join the National Pub Watch scheme.
·
It would be ensured that the four licensing objectives would be prioritised.
·
There would be no access after
1am - voluntary recommendation
·
The observations of the police had been implemented
·
There would be CCTV cameras watching every area within
the property
·
Willingness to collaborate with the police to provide recorded information
In addition to the above observations, the agent noted that there
was no basis for Public Protection's
complaint and that he strongly
objected to the recommendations.
It was argued that the conditions were unfair and
that there was no consistent evidence
of noise issues on the premises. In terms of noise
prevention signs, it was argued that
this was more than what was
required.
In response to a letter of complaint from the owner of nearby flats regarding noise, it was argued
that it was a complaint from a third party, and
therefore, the letter had no status. The tenants themselves had not complained, and therefore, it was suggested to disregard the letter as it
did not have a status.
d)
In response to the application, the Public Protection Service, which was concerned about the hours of live and
recorded music applied for, noted
the following observations:
·
Providing observations on an application was a statutory practice - no objection had been submitted as the department had not received evidence of noise impact
·
The observations of the owner of nearby flats referred to noise complaints, and therefore, confirmed noise concerns
·
The noise conditions presented were standard conditions
and were being proposed for all licences within residential areas. This ensured
consistency and fairness for the industry of Bangor's night-time economy.
·
It
was noted that no complaint had been received since the temporary licence
period, but it was argued that no complaint had to be received before standard
conditions were proposed / imposed. The conditions were being proposed as a
preventative action.
In response to a question regarding standard conditions, it was noted that Mirage
had received standard conditions.
dd)
The observations of North
Wales Police, the owner of nearby flats and
Bangor City Council were acknowledged.
e)
On
behalf of the applicant, an agent presented the following conclusions about the
application;
·
The hours of the premises were not different to any similar premises in Bangor.
·
Voluntary conditions had been recommended
·
Understood the need for standard
conditions and therefore, willing to consider i, v and vi
·
It was argued that no noise
complaints had been received from neighbouring
residents who were local to the area
·
A designated area had been prepared
for smoking
f)
The relevant parties left the meeting.
The
members of the Sub-committee discussed the application, considered all the
evidence submitted, and gave particular attention to the principles of the
Licensing Act 2003, namely
·
Crime and Disorder
·
Public Safety
·
Preventing Public Nuisance
·
Protection of Children from Harm
The Sub-committee was willing to approve the licence in line with
the application subject to
the CCTV conditions of North Wales Police.
RESOLVED to approve the application for a premises licence, and a licence is granted in line
with the application and subject to the following additional conditions:
1.
People were not permitted to access the premises after 1am (this will be incorporated
as a condition in part M of the Operating Schedule)
2. The standard conditions recommended by the Police in
relation to CCTV will be incorporated in the licence.
The Solicitor reported
that the decision would be confirmed formally in a 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
meeting commenced at 1:00pm and concluded at 3:20pm.
Supporting documents: