Agenda item

Elevenses Distillery Ltd, Neuadd y Faenol, Parc y Faenol, Bangor,

Gwynedd LL57 4BP

 

To consider the above application

DECISION

 

To approve the application

 

Others invited:

 

Mr Jake Davies (applicant)

Mr Simon Bromley (North Wales Fire and Rescue Service)

           

The Chair welcomed everyone to the meeting.

 

a)                   The Licensing Department's Report

 

Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Elevenses Distillery Ltd, Vaynol Hall, Vaynol Park, Gwynedd for a small family distillery. The application was made in relation to playing live music 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 no objection had been received to the application but that North Wales Police and the Public Protection Service (Cyngor Gwynedd) had recommended conditions / observations. North Wales Police recommended to include CCTV conditions on the licence as well as ensuring that staff received training in relation to all aspects of the Licensing Act. The Public Protection Service highlighted the concern regarding lack of information on holding events and on prevention of public nuisance plans.

 

It was confirmed that the applicant had noted a limit of 5 events a year

 

It was recommended that the Committee should approve 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 licence holder 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

Elaborating on the application, the applicant noted:

·         That he was happy with the Police's conditions and that some were already operational

·         That he accepted the Environment Department's observations

·         That there was an intention to hold an opening evening in April 2023 - the evening would be invite-only for people over 18 (mainly family and friends)

·         Porta-loos would be provided for the event

·         With the collaboration of the owner of the Vaynol, it would be possible to provide sufficient parking spaces for the events

In response to an observation regarding if the licence was allowed there would be opportunity to hold more than one event and therefore specific arrangement were needed, the applicant confirmed that there would be specific arrangements for visitors - toilets and sufficient parking spaces.

The Licensing Manager added that there had been clear correspondence with the applicant during the process of presenting the application and that the application was formal. There would be the right to hold up to 5 events a year in an 'events' building next door to the distillery.

The applicant, the respondents 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 applicant's application form along with written comments submitted by interested parties, the Licensing Officer's report, and the oral 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.

 

All parties were thanked for making representations on the application. The Sub-committee gave due consideration to all the representations.

RESOLVED

·         To approve the amended application

·         Incorporate the matters prescribed in the Schedule of Actions (Section M) of the application as conditions on the licence

·         Incorporated as licence conditions the recommended CCTV conditions as recommended by North Wales Police

 

Reasons

 

Specific consideration was given to the observations received from North Wales Police and the Public Protection Service. They were satisfied that the applicant had accepted the instruction and advice from both establishments and had responded and operated in accordance with the recommendations presented.

 

Under the circumstances, the Sub-committee was satisfied that the application was in keeping with the four licensing objectives, and therefore the application was approved.

 

The Solicitor reported that the decision would be formally confirmed by letter to everyone who had submitted written observations.  It was 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.