Greenwood Family Park, Bush Road, Y Felinheli,
Gwynedd, LL56 4QN
To consider
the application
Decision:
RESOVLVED:
In accordance to the requirements of the Licensing Act 2003, the
application was approved, having regard to representations made; and in accordance with the
concession on hours of permitted regulated entertainment outdoors agreed
between the Public Protection Officer and the applicant.
Conditions: The measures proposed by the applicant in section M of the
application to be included as conditions
Licensable Activities Plays
Indoors Sunday – Saturday 10:00 - 22:00 Outdoors Sunday - Saturday 10:00 - 18:00 Live Music Indoors Saturday - Sunday 10:00 - 22:00 Outdoors Saturday - Sunday 10:00 - 18:00 Performance of Dance: Indoors Saturday - Sunday 10:00 - 22:00 Outdoors Saturday - Sunday 10:00 - 18:00 |
Films
Indoors Sunday – Saturday 10:00 - 22:00 Outdoors Sunday - Saturday 10:00 - 18:00 Recorded Music Indoors Saturday - Sunday 10:00 - 22:00 Outdoors Saturday - Sunday 10:00 - 18:00 Supply of Alcohol: Both on and off the
Premises Saturday - Sunday 10:00 - 22:00 |
Minutes:
Greenwood Family
Park, Lôn Llwyn, Y Felinheli, Gwynedd LL56 4QN
Others invited:
·
Andrew Baker - Applicant
- Greenwood Family Park
·
Simon Dale - Greenwood Family Park
·
Ffion Muscroft (Public Protection Officer)
·
Elisabeth Williams (Licensing Officer, North
Wales Police)
·
Nest Griffiths - Local Resident
·
Stephen Watson-Jones - Local Resident
·
Karen Jones - Local Resident
·
Andy Hemmings - Local Resident
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 Greenwood
Family Park, Lôn Llwyn, Y Felinheli, Gwynedd, from the applicant, Mr Andrew
Baker, General Manager. It
was explained that Greenwood Family Park was a popular tourist attraction in Gwynedd and that the site
offered a variety of activities as well as glamping accommodation.
An application was made to obtain a licence to sell alcohol (bottled local produce), to serve with meals
at their on-site restaurant, as well as selling bottled local produce
in the gift shop. It was reiterated that the glamping accommodation was open to guests 7 days a week from the beginning
of April until the end of October.
As well as the sale of alcohol for consumption on and off the premises
from 10:00 to 22:00, playing
live and recorded music, drama and films, dance
performances (indoors and outdoors) also
until 22:00, 7 days a week, the application also stated an
intention to arrange indoor and outdoor
performances and dramas in an
outdoor theatre area, regularly throughout the year (mainly during the busiest season but also during
the period leading up to Christmas), for glamping guests
and members of the community, from February until October. It was noted that an amplifier
would be used for such entertainment.
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 North Wales Police or the Fire Authority did
not object to the application,
but observations on the application were received from
the Public Protection
Service based on concerns that there
was insufficient information
in the application which highlighted that the public nuisance objective would not be undermined. In addition, nine
letters and e-mails of objection were received from
local residents in relation to the Licensing objectives of Public Safety, Public Nuisance and the Protection of Children from Harm.
Their observations / concerns referred to an increase in
traffic; that live/recorded music
until 22:00 would cause a public nuisance; that children could obtain alcohol on the site; that those
who had drank alcohol on the site would
be likely to leave on foot, and
walk along a very narrow and
dangerous road.
As a result, the Licensing Authority had recommended approving the application subject to the agreed compromise with the applicant.
b)
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 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 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.
c)
Elaborating on the application, the applicant noted:
·
That the intention was to sell alcohol with food at the restaurant and in the gift
shop.
·
That there was a poor choice of local produce at the shop - needed to improve this.
·
They were considering
holding weddings in the future - the tourism sector had faced challenges during Covid and were
therefore looking for ways to create
an additional income to meet maintenance costs. There was a large barn on the site, therefore
they wished to consider this as an option for
the future.
·
That the relationship with neighbours was a priority.
·
That there was an intention to serve alcohol with food in the restaurant
until 22:00 - this was for glampers only.
·
That the park was a family park - did not want any conflict with
local residents.
In response to a question from the Solicitor regarding the opening hours, it was confirmed that the park opened from
10:00 until 17:30, but was operational until 18:00 - these were the core hours. There
was no intention to open the park until
22:00 - this was an application for indoor events only.
He reiterated that it would be possible to open the park until
22:00 without licensable activities under the existing licence, should there be a wish to do so.
In response to a question regarding the capacity of the park should approving the application increase the daily numbers, the applicant noted that approving the application would not have a huge impact
on numbers - that the park's capacity was around 2000 a day and during
2023, the numbers, at the busiest
times, had only reached 1400.
ch) The
consultee in attendance took the opportunity to expand on the observations that were submitted
in written form by them. Attention
was drawn to the observations submitted
by the consultees who were not in attendance.
Ffion Muscroft (Public Protection Officer)
·
That she had originally
objected to the application due to concerns about an increase in noise for
nearby residents, 7 days a week, and a suggestion that many events would be
held, e.g. films, dramas, live music, dance
performances, etc., until 22:00.
·
E-mails had gone back
and forth with the applicant, seeking further information on managing event
noise at night.
·
Although the company
had no intention to hold regular events, 7 days a week until 22:00, the licence
would allow this.
·
As a result of this concern, the applicant
agreed that live and recorded music, outdoor dramas
and films would finish at 18:00.
·
Was happy with the applicant's willingness to compromise,
and therefore she withdrew her objection.
Elizabeth Williams (Licensing
Officer, North Wales Police)
·
No complaints about offences, and therefore no
objection to the application.
Stephen Watson-Jones (local resident)
·
That he and his family earned a living through
the tourism industry.
·
Initial concern that noise coming from the Park, late at night, would disturb his
visitors - this was their main source of income.
·
'Peace, tranquillity
and a clear sky' were noted as the main qualities of staying at the barn in his
visitor book - he wanted to retain these qualities.
·
That an increase in traffic was also a concern.
·
Thanked the applicant
for adapting the hours.
Karen Jones (local resident)
·
Welcomed the modified hours.
·
Could not understand why adults would wish to
drink during the day in a family park.
·
That promoting local
produce was good news.
·
That glamping customers
brought their own alcohol with them.
·
There was a need to
avoid public nuisance - people stirring trouble, knocking on car doors, etc.
Andy Hemmings (local resident)
·
That closing the park
to outdoor activities at 18:00 was a good outcome.
·
Genuine concern about noise
at night - holding events would lead to an increase in noise.
·
If they wanted to hold
weddings - this was not the best location. The park was surrounded by narrow,
unlit lanes - this increased the risk to drivers and other road users.
Nest Griffiths (local resident)
·
That she lived close to the park.
·
That she had submitted
observations in response to the original proposal of the park remaining open
until 22:00 - concerns about noise and traffic levels.
·
Although she was used
to the noise during the day, she did not want noise at night as well.
·
Opening until 22:00
would change the feel of the quiet area which surrounded the park and would
lead to the creation of public nuisance.
·
Narrow, single-track roads led to the park.
·
Congratulated the park
on its astounding success, but if the hours increased then this would increase
the risk in terms of ensuring the safety of the public / local
residents.
·
Whilst accepting the compromise of closing at
18:00, suggested closing at 17:30 so that everyone had left by 18:00,
and the roads would be safe.
·
Hoped that alcohol
would not cause additional problems.
d)
Taking advantage of the right to conclude their case, the applicant noted
·
that the park's hours of operation were 10:00 - 18:00 (closed at
17:30, which gave visitors half an
hour to leave)
·
That he was ready to cooperate and engage with
the local community
·
That there was an aspiration to develop the park in the future
·
That the licence was being modified to sell alcohol within the opening hours
dd)
Taking advantage of the opportunity to summarise her case, the Licensing Manager noted that
she was happy with the applicant's comments and commitment
to reduce the opening hours back to 18:00. She reiterated that she hoped
that the compromise mitigated the concerns of nearby residents regarding the prevention of public nuisance.
e)
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 along 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
Representations submitted which were irrelevant to the above objectives
were disregarded.
RESOLVED: In accordance with
the requirements of the Licensing
Act 2003, the application was approved
considering the comments made, and in
accordance with the compromise on the hours of regulated entertainment permitted that was agreed between the Public Protection Officer and the applicant.
Licensable Activities
Dramas
Indoors
Sunday - Saturday
10:00 - 22:00
Outdoors
Sunday - Saturday
10:00 – 18:00
Live Music
Indoors
Sunday - Saturday
10:00 - 22:00
Outdoors
Sunday - Saturday
10:00 - 18:00
Dance Performances:
Indoors
Sunday - Saturday
10:00 - 22:00
Outdoors
Sunday - Saturday
10:00 – 18:00
Films:
Indoors
Sunday - Saturday
10:00 - 22:00
Outdoors
Sunday - Saturday
10:00 – 18:00
Recorded Music
Indoors
Sunday - Saturday
10:00 - 22:00
Outdoors
Sunday - Saturday
10:00 - 18:00
Supply of Alcohol On and Off
the Premises
Sunday - Saturday
10:00 - 22:00
The measures, proposed by the applicant in Section M of the application to be included as conditions.
Particular consideration was given to the following.
In the context of Preventing Crime and Disorder the Police had no objection to the application. No
evidence had been submitted highlighting that there were problems relating to
this principle with the premises.
In the context of Public Safety, the concerns raised
regarding the impact on traffic on the narrow roads in the vicinity of the site
were noted. The Sub-committee considered the current use of the site and the
numbers already visiting the Park, and they were not of the opinion that there
was evidence that approving the application was likely to lead to problems as a result of an increase in the use of the roads. It was
reiterated that there was a need to bear in mind that considering the impact of
the development on roads and traffic in the nearby area was a matter for the planning
system.
In the context of Preventing Public Nuisance, the applicant
modified the application to address the specific objection of the Public
Protection Enforcement Officer to the hours for holding outdoor activities and
the likelihood of creating public nuisance. Consequently, these activities
would end at 18:00 instead of 22:00. The Officer was satisfied with the
modification and the Sub-committee was of the opinion that
the modification addressed the concerns expressed by individuals in a reasonable
manner.
In the context of Protecting Children from Harm, no evidence had
been submitted that related to this principle.
The Sub-committee welcomed the fact that the applicant had considered
the observations submitted and that they had been willing to compromise. Under
the circumstances, the Sub-committee was satisfied that the application as
amended was in keeping with the four licensing objectives, and therefore the
application was approved. On a general note, it was explained that the
Sub-committee was making its decision based on evidence and that the
legislation provided a review procedure where a request could be made for the
authority to review any aspect of the licence if necessary.
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.
Supporting documents: