Agenda item

 

JAC Y DO, CONSERVATIVE CLUB, CAERNARFON, GWYNEDD LL55 1RT.

 

To consider the application

To approve the application as presented, subject to including the following noise and lightning conditions submitted by the Environmental Health Department.

·       The internal LAeq 15min sound level and the LAeq 15min sound level for the 31.5, 63 and 125Hz frequency third octave band frequencies shall not be increased within nearby residential properties (measured with windows at the dwellings open or closed) as a result of entertainment noise emitted from the licensed premises. For the purposes of this condition the LAeq sound level is as defined in BS4142: 2019

·       To prevent noise or vibration emanating from the premises, doors and windows at the premises shall be kept closed during regulated entertainment, except for access and egress.

·       Should Gwynedd Council obtain evidence that the noise condition (i) is not being adhered to during the period when the licence remains in force; the premises owner shall carry out the following:

-        Carry out necessary noise insulation / abatement works to ensure that the noise condition is achieved; and / or

-        Install a noise control device in the room/s where entertainment is held. The noise control device shall either be of the automatic power supply cut off type or of the noise limiting type

·       Noise limiting devices, once set, shall not be reset, or adjusted without consultation with the Pollution Environmental Health Officers, Gwynedd Council.

·       The disposal of waste bottles and cans into containers outside of the building subject to the license is prohibited between 22:00 - 08:00. Empty bottles shall be stored in a lidded skip / bin within the cartilage of the premises prior to collection.

·       Music shall not be permitted to be played outside the establishment.

·       Internal and external lighting provided for the purpose of customer and staff safety, and for the security of the premises shall be positioned so as not to cause nuisance to neighbouring or adjoining properties.  

 

Additional conditions to include:

·       A report shall be submitted to the Council detailing the potential for noise from amplified music at the premises from affecting neighbouring noise sensitive properties on Stryd Y Farchnad, the High Street, Caernarfon, and the flats above the premise.

·       If the assessment indicates that noise from the premises is likely to affect neighbouring noise sensitive properties, then it shall include a detailed scheme of noise mitigation measures to show that nuisance will not be caused to the occupiers of neighbouring noise sensitive properties by noise from the licensed premises.

·       All recommended works shall be completed prior to the commencement of the premises license and the Licensing Authority is to be notified at least 5 days in advance of the works being completed and the premises being used.

·       A noise limiter will be installed to control and measure noise

·       The additional measures submitted in part M of the application, as conditions on the licence. 

 

Others invited:

 

Non Edwards – Applicant

Siân Astley – Applicant's Business Partner

 

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 the Jac Y Do pub and restaurant, the Conservative Club, Caernarfon. The application was submitted in relation to Live and Recorded Music Indoors, Late Night Refreshments and the Supply 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 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 a response that had been received during the consultation period from Environmental Health indicating that noise control considerations had not been adequately addressed. They had suggested that a noise assessment, noise insulation and mitigation measures needed to be undertaken to ensure that noise from the premises did not cause a statutory nuisance to residents of nearby residential properties. As a result, they recommended refusing the application.

 

In the absence of the Public Protection Officer, the Licensing Manager reiterated that since the publication of the Sub-committee agenda, a noise assessment had been received and the officer now recommended approval of the application subject to including the noise and light conditions submitted by the Environmental Health Department.

 

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

·         Members of the Sub-committee to be 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 to be invited to expand on the application and to call witnesses

·         Members of the Sub-committee to be 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 to be invited to support any written representations

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

⁠

 

c)            In response to a question about the Public Protection Department's handling of a planning application for the property to be used as a pub, and that adequate considerations had not been given to noise control, the Legal Officer noted that while noise was a relevant matter to the planning and licensing system it was the licensing context that needed to be considered here.

 

ch)       Elaborating on the application, the applicant stated:

·         That it was intended to play background music – nothing noisy. That there was no intention to play live music every day – perhaps once every two weeks.

·         The premises had opened temporarily during the Caernarfon Food Festival and it had emerged at the time that a planning application was needed. The landlord had not submitted an application.

·         A noise assessment had now been submitted.

 

d)         The consultee in attendance took the opportunity to expand on the observations that had been submitted in writing by them.

           

            In the absence of the Environmental Health Officer, the Licensing Manager confirmed that a noise assessment had now been received and that the officer was satisfied that this assessment complied with the requirements. She also expressed gratitude for the good co-operation between the Public Protection Department and the applicant.

 

Everyone was thanked for their observations. 

 

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 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 observations 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

 

Observations submitted which were irrelevant to the above objectives were disregarded.

RESOLVED: To approve the application as submitted, subject to including the noise and light conditions submitted by the Environmental Health Department.

·         The internal LAeq 15 min sound level and the LAeq 15 min sound level for the 31.5, 63 and 125Hz frequency third octave band frequencies shall not be increased inside any residential property (which has been measured with the windows open or closed) as a result of noise emanating from the licensed premises. For the purpose of this condition LAeq is defined in BS4142: 2019

·         To prevent noise or vibration emanating from the premises, doors and windows at the premises shall be kept closed during entertainment, except for access in and out of the premises.

·         Should Cyngor Gwynedd obtain evidence following the issuing of this licence that noise condition (i) is not being adhered to, then the premises owner shall carry out the following:

- Carry out noise insulation / abatement works to ensure compliance with a noise condition and / or

- Install a noise control device in the room(s) where the entertainment is held. The device will be set so as to cut the electricity supply of any amplification system or to withstand an increase in the noise level above what has been established as the permitted maximum.

·      Noise limiting devices, once set, shall not be reset or adjusted without consultation with the Environmental Health Officer (Pollution), Cyngor Gwynedd.

·      The disposal of waste bottles or cans into containers outside of the licensed building is prohibited between 22:00 – 08:00. Empty bottles shall be stored in a lidded skip/bin within the curtilage of the premises.

·      Clear and legible notices shall be displayed at exits requesting patrons to leave the premises having regard to local residents, in particular emphasising the need to refrain from shouting, slamming vehicle doors or sounding vehicle horns.

·      No music is permitted to be played outside the premises.

·      Internal and external lighting provided for the purpose of staff safety or for the security of the premises shall be positioned so as not to cause nuisance to neighbouring properties. 

 

Additional conditions to be included

 

·       A report will be submitted to the Council detailing the potential for noise from amplified music in the property to affect neighbouring noise-sensitive properties on Market Street, High Street, Caernarfon, and the flats above the building.

·      If the assessment indicates that noise from the premises is likely to affect neighbouring noise-sensitive properties then it should include a detailed scheme of noise mitigation measures to show that nuisance will not be caused to the occupiers of neighbouring noise-sensitive properties by noise from the licensed premises.  

·      All recommended works to be completed prior to the commencement of the premises licence and the Licensing Authority to be notified at least 5 days in advance of the works being completed and the premises being used.

·      A noise limiting device shall be installed to control and measure noise

·      Include the additional measures submitted in part M of the application, as conditions on the licence.

 

Particular consideration was given to the following.

 

In the context of ⁠Preventing Crime and Disorder no evidence had been submitted that related to this principle.

 

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

In the context of Public Nuisance Prevention, the Environmental Health Service was satisfied with the application provided the conditions they proposed in response to the application, along with the further conditions recommended in the Noise Assessment Report, were included on the licence. No further observations had been submitted in relation to this principle, so the Sub-Committee was willing to approve subject to the conditions.

In the context of ⁠Protecting Children from Harm, no evidence had been submitted that related to this principle.

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. No comments / objections had been received from the public or from the Local Member. 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.