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  • Agenda item

    APPLICATION FOR A PREMISES LICENCE - Greenwood Family Park

    • Meeting of Central Licensing Sub Committee, Friday, 27th October, 2023 10.00 am (Item 4.)

    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:

    • Greenwood - Officers Report, item 4. pdf icon PDF 187 KB

     

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