Agenda item

 

MOTOCAMP WALES, FFORDD PEN Y CEFN, DOLGELLAU, LL40 2ES

 

To consider the application

DECISION: To approve the application as presented, subject to amending outdoor music conditions to 4 events each calendar year during the time requested, namely 12:00 – 23:30

 

Additional Conditions to include:

·       Create detailed event safety management plans for each individual event which would be discussed with North Wales Police and Cyngor Gwynedd, agreed with each member of the Safety Advisory Group (SAG) and implemented by the Event Organisers.

·       Each event would seek approval from North Wales Police and Cyngor Gwynedd by presenting appropriate Risk Assessments for events and a Management Plan.

·       Measures to prevent crime and disorder and crowd management would be agreed with the police and other members of the SAG and incorporated in the Events Management Plan and implemented by the event organisers.

·       Each event will have a specific event safety management plan. Measures to ensure public safety will be discussed with members of the SAG and incorporated in the Events Management Plan and implemented by the Event Organisers.

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

 

Others invited:

 

·         Stephanie Jeavons – Applicant

·         Elizabeth Williams – Licensing Officer, North Wales Police

 

a)    Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Moto Camp Wales, Pen y Cefn Road, Dolgellau, Gwynedd. The application was submitted in relation to a premises licence to: Sell alcohol to customers who are staying with them on the site (on the premises) from 14:00 - 02:00, Monday to Sunday. Live music during weekend activities (indoors and outdoors) between 12:00 and 23:30 on Fridays, Saturdays and Sundays. Recorded music (indoors and outdoors) again from 12:00 until 23:30 on Fridays, Saturdays and Sundays.

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 highlighting that North Wales Police had requested for additional conditions to be included on the licence relating to collaboration with the Safety Advisory Group. It was highlighted that neither the Fire Service nor the Public Protection Department had any objection to the application despite highlighting noise complaints that had been received following a temporary event held at the site in 2023. Although site staff had dealt with the complaints effectively, it was considered that allowing live music until 23:30 every Friday to Sunday would cause a public nuisance to nearby residents, and therefore, following discussions with the applicant, it was noted that a compromise to allow up to four events per calendar year for outdoor music had been agreed.

The Licensing Authority recommended that the Committee considered the observations received and approved the application provided that the applicant was satisfied with a compromise agreed with Public Protection and agreed with the conditions of the Police.

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/her representative

·         At the Chair's discretion, the Council’s representative to ask questions to the applicant or his/her representative

·         Every Consultee to be invited to support any written representations

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

 

c)    Elaborating on the application, the applicant noted:

·       That she was happy with the compromise to reduce the number of events with outdoor music to four in a year – this gave them a good opportunity to prove themselves of managing events without interruption.

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

       Elizabeth Williams, North Wales Police

·         That the applicant was requested to complete a simple questionnaire relating to managing safety.

·         That the compromise with Public Protection was a wise one, but all events would require the approval of North Wales Police and Cyngor Gwynedd – a proper risk assessment and management plan would have to be submitted for these events.

In the absence of the Public Protection Team Leader, the Licensing Manager stressed the need for the applicant to complete the questionnaire relating to safety management, and submit it to the Safety Advisory Group for discussion. It was reiterated that if the Police and Council were pleased with the management of the premises during events with outdoor music, and there were no negative experiences, then options such as varying the licence or serving a temporary event notice could be considered. She noted that Police conditions were part of the practicality of the process. 

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 amending outdoor music conditions to 4 events per calendar year during the requested period of 12:00 – 23:30.

Additional conditions to be included

·         Create detailed event safety management plans for each individual event which shall be discussed with North Wales Police and Cyngor Gwynedd, and agreed with each member of the Safety Advisory Group (SAG) and implemented by the Event Organisers.

·         Each event to seek approval from North Wales Police and Cyngor Gwynedd by submitting appropriate Risk Assessments for events and a Management Plan.

·         Measures to prevent crime and disorder and crowd management shall be agreed with the police and other members of the SAG and incorporated in the Events Management Plan and implemented by the event organisers.

·         Each event shall have a specific event safety management plan. Measures to ensure public safety shall be discussed with members of the SAG and incorporated in the Events Management Plan and implemented by the Event Organisers.

·         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 Crime and Disorder Prevention, observations had been submitted by the Police recommending specific conditions to be included on the licence in relation to holding events. The applicant was concerned that having to submit a plan for each event would be burdensome, but it was explained that a questionnaire would have to be completed for each event, but that the requirements, in terms of preparing a plan would be proportionate to the nature of the particular event. The Sub-Committee was of the opinion that the conditions should be kept as they were. Despite concern about traffic and land use, it was noted that the applicant would have to comply with the requirements.

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

In the context of Public Nuisance Prevention, the Public Protection Service had submitted observations expressing concerns that outdoor music could undermine this principle particularly as noise complaints had been received following an event in 2023. However, the service was satisfied that staff had dealt with those complaints as soon as they had been made aware of them. A compromise had been agreed with the applicant that 4 events per calendar year for outside music (live and recorded) for the requested hours would be acceptable.

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. 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.