University
Plaice, 21 Ffordd Caergybi,
Bangor, Gwynedd, LL57 2EU
To consider
the above application
Minutes:
Everyone
was welcomed to the meeting by the Chair, Councillor Tudor Owen. The panel and the officers were introduced to
everyone present. It was announced that everybody had up to 10 minutes to share
their observations on the application
APPLICATION
TO VARY A PREMISES LICENCE – UNIVERSITY PLAICE, 21 HOLYHEAD ROAD, UPPER BANGOR,
BANGOR, LL57 2EU
On behalf
of the premises: Mr Mehemet Ali Usal
and Ms Nia Haf Davies (applicants)
Others in attendance: Councillor June Marshall (Local
Member), City Councillor John Martin, Mrs A Davies (Local Resident)
The report
and recommendation of the Licensing Section.
a) Submitted
– the report of the Licensing Manager giving details of the application to vary
a premises licence for University Plaice, 21 Holyhead Road, Bangor. The
premises are located among a row of businesses and shops in Upper Bangor and
late night refreshments are provided to be consumed off the premises. The
nature of the proposed variation was applying for an extension to the licensed
late night refreshments opening hours on Mondays, Tuesdays and Sundays until
03:00am. It was noted that the applicant had included appropriate steps to
promote the four licensing objectives as part of the application.
It was noted that the applicant had submitted
several applications to extend the licensed hours of the premises in the past.
It was noted that in October 2013, the sub-committee had allowed them to extend
the opening hours of the business on Friday and Saturday nights to 3:30am and
in September 2014, permission was granted for them to extend the opening hours
on Thursday evenings to 3:00am. It was noted that the proposed hours of the
application had been included in the report.
Following a consultation period, it was noted
that the Fire and Rescue Service did not object to the application and no
observations had been received from North Wales Police or the Environmental
Health Service. Two objections to the application had been received from Local
Members based on the licensing objectives of preventing public nuisance and
preventing crime and disorder. It was added that the Bangor City Councillor had
no objection in principle to the application but it was suggested that the
opening hours be consistent with other similar establishments.
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.
b) In
response to a question regarding the opening hours of other establishments in
the area, the Licensing Manager confirmed that Late Stop, Pizza House, Bella
House and Creperie had a mixture of different opening times on different days,
ranging from 02:30am to 03:30am.
c) In
elaborating on the application, the applicant noted that he was happy with what
had been submitted and reiterated the following points of his proposal:
• The
video had proven that people were around Upper Bangor in the early hours of the
morning in search of food
• Only
one establishment was currently open - approving the application would offer
people a choice and also disperse crowds
• There
had not been a police call-out since 2010.
Good relationship with the police - collaborated well to provide
information / CCTV evidence
• Door
supervisors would be available on Fridays and Saturdays
In response to a question regarding nearby
residents, it was noted that there were people residing in Britannia Square,
which was located behind the building.
ch) Taking advantage of the right to
speak, a member of Bangor City Council noted the following:
• The
opening hours should be consistent with other establishments to ensure fairness
• Needed
to avoid setting a precedent
• Needed
to set a deadline
d) Taking
advantage of the right to speak, local member for Menai Bangor 1, Councillor
June Marshall, made the following comments:
• That
the video did not prove that the noise level was minimal
• Consistency
in the opening hours was needed
• Disappointed
that the police had not submitted any observations. She referred to a statement
made by the Police in 2013 that noted that there was no need for one
establishment to control the market
• Upper
Bangor was a residential area
• Vulnerable
and elderly people living in Britannia Square. Unfair that they had to deal
with noise problems
• An
accident was bound to happen with people on the street
In response to a question, the member noted
that she had not received any specific complaints about the premises in
question, but general complains regarding noise, and pot plants being stolen
and knocked over on College Road. She had no objection to the applicant, simply
concern regarding the extended opening time and the noise that would probably
disturb neighbours. The Sub-committee was reminded that students also lived in
Upper Bangor who needed peace and quiet. It was added that problems arose
during the academic term - needed to reach a compromise.
She also noted her disappointment that the
Police were not present.
The observation was accepted.
dd) Taking
advantage of the right to speak, Mrs A Davies, a local resident, made the
following observations:
• A
local resident and a member of Upper Bangor Neighbourhood Watch
• There
was a duty to protect the neighbourhood and protect local residents from crime
• Needed
to prevent noise and public nuisance
• Needed
to ensure that pavements were clean
• Needed
to ensure that staff serving food had an appropriate certificate
• Needed
to promote a healthy community
e) The
observations of the Local Member, Councillor Mair Rowlands (Menai Bangor 2)
were acknowledged, she opposed the application based on public nuisance, crime
and disorder and anti-social behaviour
f) The Fire Service's observations were
acknowledged - they had no objection to the
application
ff) In
summarising his application, the applicant noted that he was a businessman and
wanted to take advantage of the situation. He noted that it had to be
recognised that Bangor was a busy city and that students had the right to be
independent. If the application were
approved crowds would clear more quickly - needed to consider closing the
nightclubs earlier not the food outlets.
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
RESOLVED to approve the application to vary the
premises licence. The licence was varied in line with the application, to
provide late night refreshments between 23:00 and 03:00, Sunday to Wednesday,
for the following reasons:
1. In
reaching a decision, the relevant observations of the parties were
considered. In accordance with the 2003
Licensing Act, the Sub-committee needed to make a decision based on
observations that were relevant to one or more of the licensing objectives, and
nothing else.
2. In
considering the observations of Councillor Marshall and Arfona Davies regarding
concerns about noise in Upper Bangor, the weight that could be given to the
observations was very limited, as insufficient evidence had been received that
any noise problem could be attributed to the premises that was the subject of
the application. There was no evidence
of a problem that was tantamount to public nuisance.
3. Similarly,
the Sub-committee has considered Councillor Rowlands' observation regarding
public nuisance and crime and disorder.
Unfortunately, however, the member had not presented evidence of such
events that could have been attributed to the premises. Consequently, only a little weight could be
given to the member's observations.
4. The
observations of Bangor City Council and Councillor Marshall calling for
consistency with the opening hours of other premises were disregarded. The relevant test under the Act is not
consistency with the opening hours of other premises, but whether or not the
application satisfied the licensing objectives.
5. Based
on a lack of evidence of problems associated with the premises which undermine
the objectives, the Sub-committee was satisfied that the application for
extended hours was appropriate to promote the licensing objectives.
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: