Agenda item

New Bangor Grill Ltd, Uned 25 Canolfan Deiniol, Bangor, Gwynedd LL57 1NW

 

To consider the application

DECISION: To approve the application as presented.

 

Opening Hours:

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

 

Licensable Activities: Late Night Refreshment- Indoors

Sunday 23:00 – 02:00

Monday 23:00 – 02:00

Tuesday 23:00 – 02:00

Wednesday 23:00 – 02:00

Thursday 23:00 – 02:00

Friday 23:00 – 02:00

Saturday 23:00 – 02:00

 

The additional measures, as set out in part M of the application, to be included as conditions.

 

Note: Applicant to create and keep a ‘Site Specific Risk Assessment’ and ‘incident records’ which would allow for the consideration of door supervision staff if required.

 

·       Paul Tough                       Franchise Options (Applicant)

·       Aaron Haggas                   Police Licensing Officer, North Wales Police

 

The Chair welcomed everyone to the meeting.

 

a)             The Licensing Department's Report

 

Submitted - the report of the Head of Environment Department giving details of a premises licence application for a food outlet designed for collection/takeaway food, food delivery and serving a small number to eat inside the premises. Grilled produce, desserts and cold drinks (no alcohol) would be sold there. The application was made in relation to the provision of Late-night Refreshment 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 the response received from North Wales Police during the consultation period. While they had no evidence of Crime and Disorder directly involving the premises to justify objecting to the application, they were concerned that the applicant had indicated his intention not to employ security staff on the doors at weekends and at peak times as he believed this could intimidate customers, adding that the Police Station was located nearby. 

 

The recommendation stated that the Sub-committee should consider the observations of North Wales Police and consider the inclusion of a condition on the licence in terms of the provision of security staff on the doors if the application was approved, in accordance with the Licensing Act 2003.

 

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/her representative to ask questions of the Council’s representative.

·       The applicant and/or his/her 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 of 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 the following comments:

·       That the commercial company Franchise Options was now a national company

·       That their retailers had no history of any trouble at night

·       That he understood the concerns of the Police

·       That the opening night of the business in Bangor had been successful - no trouble

·       That the premises had been carefully organised and to the highest standard

·       That CCTV had been installed - six cameras, some indoors and some outdoors - this was therefore a way of picking up on any trouble and the staff could look at the cameras in real time

·       That alcohol would not be sold on the premises

·       That he was looking forward to the success of the premises in Bangor. That the Bangor retailer was a local businessman with other businesses in the city

·       That the company wanted to be involved in the local community - it had already sponsored a football team in the city

 

In response to a question regarding a staff training programme, it was noted that staff had received training on food safety and food handling, customer and staff safety, and handling money, before the business opened. Staff would also receive support and assistance from the company's office management team. The company promoted training to ensure its reputation.

 

In response to a question regarding trouble arising and whether the company would reconsider using security staff on the doors, the applicant indicated that he would certainly reconsider. His wish was that the business would succeed in Bangor and trade without any problems.

 

dd)       The consultee present took the opportunity to expand on the observations that were submitted in written form by them.

 

 

Aaron Haggas, North Wales Police

·       The opening of the business had been successful - it had been a busy night and the business was a good addition to the local economy

·       Night-time refreshment was a big part of Bangor's economy – creating a buzz on the streets

·       Some people under the influence of alcohol and behaving inappropriately could cause a volatile atmosphere for others – this placed a responsibility on companies serving food in the evenings to protect their staff and customers

·       The premises were well-situated within the city

·       Concerns needed to be managed before they manifested themselves - the use of security staff on the doors was consistent with other locations in the city and gave reassurance to customers

·       Door security staff needed to be regarded as valued members of staff rather than a preventative act – a means of protecting the premises

·       There had to be a night-time economy that was safe for all

·       Proposed that the applicant consider using a Site Specific Risk Assessment and keep an incident record as methods of managing a site without door security staff. A risk assessment would provide a means of understanding the provision in place for the protection of staff and customers

·       The location of the Police Station could not be used as a means of preventing crime

 

Taking advantage of his right to summarise his case, the applicant noted that requirements for the business to keep incident records, accident records and complaint records were already in place and that he would encourage a risk assessment to be completed. His wish was that the enterprise succeeded and contributed to the regeneration of Bangor city centre.

 

d)          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, the written observations submitted by interested parties, the Licensing Officer's report, together with the verbal representations from each party present 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

 

Opening Hours

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

 

Licensable Activities: Late-night refreshment - Indoors 

Sunday 23:00 – 02:00

Monday 23:00 – 02:00

Tuesday 23:00 – 02:00

Wednesday 23:00 – 02:00

Thursday 23:00 – 02:00

Friday 23:00 – 02:00

Saturday 23:00 – 02:00

 

The additional measures, as set out in section M of the application, to be included as conditions.

 

Note: Encourage the applicant to draw up and retain a 'Site Specific Risk Assessment' and 'incident records' that would consider the use of security staff on the door if relevant.

 

In the context of Crime and Disorder, the Police did not submit any observations in response to the application and no further evidence had been submitted which related to this principle.

 

In the context of matters of Public Safety, no observations or evidence had been submitted which related to this principle.

 

In the context of Prevention of public nuisance, no observations or evidence had been submitted which related to this principle.

 

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

 

Although no objection had been received to the application, comments regarding protection in general were received. As a result, the Sub-committee encouraged the applicant to draw up and retain a 'Site Specific Risk Assessment' and 'incident records'. Recording incidents/risks would be a means of considering the use of security staff  on the door if incidents/risks that were of concern arose at the premises.

 

It was reiterated, as with any other application, that if any problems arose in connection with the licensing principles, the Act would allow a licence to be referred for review by the Authority.

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