Agenda item

NEW HORIZONS, SUNNYSANDS CARAVAN PARK, TAL Y BONT, GWYNEDD LL43 2LQ

 

To consider the application

DECISION

 

TO APPROVE THE APPLICATION in accordance with requirements of the Licensing Act 2003.

 

Incorporate the matters prescribed in the Operators Schedule (Part M) of the application as conditions on the license.

Incorporate the conditions recommended by the Police as conditions to the license

Others invited:

 

Elizabeth Williams (Licensing Officer, North Wales Police)

Ryan Rothwell (Applicant’s representative)

Cllr Eryl Jones-Williams (Local Member)

 

The Chair welcomed everyone to the meeting.

 

a)            The Licensing Department's Report

 

Submitted – the report of the Licensing Manager giving details of an application for a premises licence variation by New Horizons company, in relation to extending the hours of the Sale of Alcohol, and hours of Live and Recorded Music. It was highlighted that the existing licence permitted Licensable Activities until 11pm Saturday and Sunday, and that the applicant proposed revised conditions to extend from 11pm to 2am. The live and recorded music would only take place indoors.

 

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.

 

Attention was drawn to the responses received during the consultation period. It was noted that an objection to the application had been made by a neighbouring resident who was concerned about increased noise from the site and that extending the hours would change the family feel of the park. North Wales Police had submitted observations which recommended conditions around CCTV, the Challenge 25 Policy, and no children to be allowed on the premises after 23:00.

 

It was noted that the Police had visited the site and the applicant had confirmed via e-mail that all the recommendations by the Police would be included in the new licence's operating schedule should the Sub-committee approve the application.

 

The Licensing Authority recommended approving the application in accordance with the Police's observations and the requirements of the Licensing Act 2003.

 

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

·         Members of the Sub-committee were given an opportunity to ask questions of the Council’s representative.

·         At the Chair’s discretion, the applicant or his representative were invited to ask questions to the Council’s representative.

·         The applicant and / or his representative were invited to expand on the application and to call witnesses

·         Members of the Sub-committee were given the opportunity to ask questions of the applicant and/or his representative.

·         At the Chair's discretion, the Council’s representative was invited to ask questions to the applicant or his representative.

·         Every Consultee was invited to support any written representations.

·         The Council’s representative and the applicant or his representative were given the opportunity to summarise their case.

 

b)            Elaborating on the application, the applicant's representative noted as follows:

·         The Holiday Park had cooperated with the Police

·         Only one objection had been received

·         Owners wore a wristband for entry

·         Door supervisors stayed until everything had shut

 

c)            The consultees in attendance took the opportunity to expand on representations they had made by letter.

 

Cllr Eryl Jones-Williams (Local Member)

·         He was concerned that the premises would be open to the public

·         There was a need to ensure that door supervisors were available, and that there were security measures in place

 

Elizabeth Williams (North Wales Police)

·         There was an agreement to extend the hours for admitting children onto the premises from 23:00 to 23:30

·         The Police had been called to the Park to deal with domestic cases and not matters relating to the licensed premises

 

In response to a question as to whether the call-outs involved alcohol, she noted that alcohol had been a factor in many of the incidents, but they could not distinguish between cases of drinking on the premises and drinking in caravans She added, with the aim of extending the hours of sale of alcohol until 2:00, that the premises had measures in place to manage this, unlike managing drinking in private in a caravan

 

  ch)     All parties were thanked for making representations on the application.

 

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 together with written observations submitted by interested parties, the Licensing Officer's report, and the verbal representations from each party at the hearing. The Council's Licensing Policy and Home Office guidelines were considered. The Sub-committee gave due consideration to all the representations and weighed these 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

 

The Sub-committee disregarded observations that had been submitted if they were irrelevant to the above objectives.

 

RESOLVED: To approve the application in accordance with the Police's observations, and the requirements of the Licensing Act 2003.

 

The current licence was be varied as follows:

 

Live Music – Indoors

Sunday            12:00   - 24:00

Monday/          12:00   - 24:00

Tuesday          12:00   - 24:00

Wednesday     12:00   - 24:00

Thursday         12:00   - 24:00

Friday              12:00   - 24:00

Saturday          12:00   - 24:00

 

Recorded Music – Indoors

Sunday            12:00   - 02:00

Monday           12:00   - 02:00

Tuesday          12:00   - 02:00

Wednesday     12:00   - 02:00

Thursday         12:00   - 02:00

Friday              12:00   - 02:00

Saturday          12:00   - 02:00

 

Indoor Dance Performances

Sunday            17:00   - 23:00

Monday           17:00   - 23:00

Tuesday          17:00   - 23:00

Wednesday     17:00   - 23:00

Thursday         17:00   - 23:00

Friday              17:00   - 23:00

Saturday          17:00   - 23:00

 

Supply of Alcohol on the Premises

Sunday            11:00   - 02:00

Monday           11:00   - 02:00

Tuesday          11:00   - 02:00

Wednesday     11:00   - 02:00

Thursday         11:00   - 02:00

Friday              11:00   - 02:00

Saturday          11:00   - 02:00

 

To include the additional measures, as seen in Section M of the application, as conditions on the licence.

 

To incorporate the conditions proposed by the Police, except that the condition that prohibits children from attending the licensed premises is changed to 23:30

 

Particular consideration was given to the following.

 

In the context of Preventing Crime and Disorder, the Police had no evidence to object to the application. Any incidents that the Police had been called to were usually matters in the caravan themselves rather than a consequence of licensable activities on the premises. The Police had met with the Site's General Manager to discuss recommendations for inclusion as conditions, and the applicant had agreed to include them on the licence, but that the condition relating to the admission of children should be change to 23:30 since the entertainment did not finish until 23:00. The police representative confirmed that this was acceptable.

 

In the context of Public Safety, no evidence had been submitted relating to this principle.

 

In the context of Preventing public nuisance, a letter of objection had been received from one neighbouring resident who was concerned that noise from the site would increase as a result of drunk and rowdy customers leaving the site late at night. However, the Sub-committee was satisfied that the conditions on the licence, particularly the fact that only residents would be allowed to attend the premises, were adequate to address these concerns.

 

In the context of Protecting Children from Harm, a condition would be added to the licence prohibiting children from attending the licensed premises after 23:30.

 

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