Agenda item
St Tudwals
Inn, Abersoch
To consider
the application
Decision:
DECISION:
To approve
Proposed
Licence
Dydd
Sul/Sunday: 09:00 - 01:00
Dydd
Llun/Monday: 09:00 – 01:00
Dydd
Mawrth/Tuesday: 09:00 – 01:00
Dydd
Mercher/Wednesday: 09:00 – 01:00
Dydd
Iau/Thursday: 09:00 – 01:00
Dydd
Gwener/Friday: 09:00 – 01:30
Dydd
Sadwrn/Saturday: 09:00 – 01:30
Licensable
Activites
Supply of
Alcohol: Both on and off the Premises
Dydd
Sul/Sunday: 10:00 - 00:00
Dydd
Llun/Monday: 10:00 – 00:00
Dydd
Mawrth/Tuesday: 10:00 – 00:00
Dydd
Mercher/Wednesday: 10:00 – 00:00
Dydd
Iau/Thursday: 10:00 – 00:00
Dydd
Gwener/Friday: 10:00 – 01:00
Dydd
Sadwrn/Saturday: 10:00 – 01:00
Non-standard
timings:
Allow sales
to residents 24 hours a day
To allow
sales from 10:00 on 31st December until 00:00 on 1st January
Recorded
Music: Indoors
Dydd
Sul/Sunday: 11:00 – 00:00
Dydd
Llun/Monday: 11:00 – 00:00
Dydd
Mawrth/Tuesday: 11:00 – 00:00
Dydd
Mercher/Wednesday: 11:00 – 00:00
Dydd
Iau/Thursday: 11:00 – 00:00
Dydd
Gwener/Friday: 11:00 – 00:00
Dydd
Sadwrn/Saturday: 11:00 – 00:00
Late Night
Refreshments: Indoors
Dydd
Sul/Sunday: 23:00 - 00:00
Dydd
Llun/Monday: 23:00 - 00:00
Dydd
Mawrth/Tuesday: 23:00 - 00:00
Dydd
Mercher/Wednesday: 23:00 - 00:00
Dydd
Iau/Thursday: 23:00 - 00:00
Dydd
Gwener/Friday: 23:00 - 00:00
Dydd
Sadwrn/Saturday: 23:00 - 00:00
Live Music:
Indoors
Dydd
Sul/Sunday: 11:00 – 00:00
Dydd
Llun/Monday: 11:00 – 00:00
Dydd
Mawrth/Tuesday: 11:00 – 00:00
Dydd
Mercher/Wednesday: 11:00 – 00:00
Dydd
Iau/Thursday: 11:00 – 00:00
Dydd
Gwener/Friday: 11:00 – 00:00
Dydd
Sadwrn/Saturday: 11:00 – 00:00
Films:
Indoors
Dydd
Sul/Sunday: 11:00 – 00:00
Dydd
Llun/Monday: 11:00 – 00:00
Dydd
Mawrth/Tuesday: 11:00 – 00:00
Dydd
Mercher/Wednesday: 11:00 – 00:00
Dydd
Iau/Thursday: 11:00 – 00:00
Dydd
Gwener/Friday: 11:00 – 00:00
Dydd
Sadwrn/Saturday: 11:00 – 00:00
Noise
Management Plan to be provided to the Environmental Health Department
Change in
site plans - Indoor and outdoor CCTV placement to be re-assessed
No entry
for children under 16 after 22:00 on Christmas Eve and New Year's Eve (unless
they are eating or staying at the hotel).
The
additional measures, as set out in part M of the application, to be included as
conditions.
Minutes:
APPLICATION
TO VARY A PREMISES LICENCE: St Tudwals Inn, Abersoch
Michelle Hazelwood Representing
the applicant
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 the application to vary a premises
licence for St Tudwals, Abersoch. The application for variation was
submitted due to internal and external renovations to the premises, and to take
advantage of the opportunity to review the contents of the current licence. It
was reiterated, except for the internal and external changes, that an
application to add a licensed activity to show films was also included.
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.
Observations were submitted by the Police noting their wish to include a
condition on the licence which would note that children under 16 years old were
not allowed to enter the site / stay there after 22:00 unless they were staying
or eating at the hotel on Christmas Eve and New Year's Eve - this was
consistent with other nights of the year. It was also noted that the Police
wished for the applicant to assess a CCTV location given the change in the
site's plan.
The officers noted that the
Sub-committee should consider the observations received, recommending that the
Sub-committee approved the variation as long as the
applicant agreed to the compromise suggested by the Public Protection
Department Officer and observations from 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/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's representative noted the following
comments:
·
The
hotel plan was open, with a focus on families
·
In
response to many different plans to the rear of the building and the lack of
explanation of the planning status, a new plan was submitted which corresponded
to the conditions and requirements of the current licence
·
Agreed
with the condition by the Police that children under 16 years old will not be
allowed to enter or stay on the premises after 22:00 except for when they were
residing or eating at the hotel on Christmas Eve and New Year's Eve
·
Despite
accepting that noise complaints had been received in 2022/23, there was no
lawbreaking in the context of public nuisance, and these were concerns instead
of official complaints.
·
Agreed
that a noise control plan would be provided and submitted to the Environmental
Health Department for approval (within six weeks, if the variation was
approved)
·
The
licensed person would be associated with any actions on the site - checking the
noise levels, protecting the area at the rear and controlling the potential
noise generated from throwing waste / bottles late at night
·
The
site's boundary backs to a residential area and therefore every effort will be
made to control noise
·
An
application had been made to include a licence to show films, but this was not
one of the main characteristics of the business
·
A
substantial investment had been made to the business with the site renovated in
a decent manner
·
The
conditions had been tightened
In response to a question regarding the capacity of the site on a busy
day, it was noted considering the indoor and outdoor space of the site, that
there would be room for approximately 250 people.
In response to a question regarding playing music (given that acoustic
music had been played on the terrace in the past), it was noted that it would
be the decision of the licensed person to choose live music, but any music
provision would require a suitable noise control plan approved by Environmental
Health. Despite accepting that there was a right to play music under the Live
Music Act, there would be a need to ensure robust management of noise to avoid
complaints.
In response to concerns regarding the access of children under 16 years
old to the site, the applicant's representative noted that children under 16
years old will not be allowed to enter or stay on the premises after 22:00
except for when they were residing or eating at the hotel. It was also
reiterated that this was relevant to Christmas Eve and New Year's Eve in
accordance with North Wales Police's condition.
d)
The
Licensing Manager took advantage of the opportunity to summarise her case,
noting that she;
·
Shared
the concerns regarding children under 16 years old's access on the premises and
welcomed the condition by the Police that Christmas Eve and New Year's Eve
followed the same rules as other nights of the year
·
Welcomed
that the outside area plan had been agreed
·
Welcomed
the fact that discussions and a compromise had been reached and the condition
to submit a noise control plan had been met
The
applicant's representative and the Licensing Manager left the meeting whilst
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 varying the
licence
Proposed Licence
Sunday: 09:00 - 01:00
Monday: 09:00 – 01:00
Tuesday: 09:00 – 01:00
Wednesday: 09:00 – 01:00
Thursday: 09:00 – 01:00
Friday: 09:00 – 01:30
Saturday: 09:00 – 01:30
Licensable Activities
Alcohol Consumption on and off the
Premises:
Sunday: 10:00 - 00:00
Monday: 10:00 – 00:00
Tuesday: 10:00 – 00:00
Wednesday: 10:00 – 00:00
Thursday: 10:00 – 00:00
Friday: 10:00 – 01:00
Saturday: 10:00 – 01:00
Sub-standard timings:
Allow sales to residents 24 hours a
day
To allow sales from 11:00pm on 31
December until 00:00 on 1 January
Recorded Music Indoors:
Sunday: 11:00 – 00:00
Monday: 11:00 – 00:00
Tuesday: 11:00 – 00:00
Wednesday: 11:00 – 00:00
Thursday: 11:00 – 00:00
Friday: 11:00 – 00:00
Saturday: 11:00 – 00:00
Late Night Refreshments: Indoor:
Sunday: 23:00 - 00:00
Monday: 23:00 - 00:00
Tuesday: 23:00 - 00:00
Wednesday: 23:00 - 00:00
Thursday: 23:00 - 00:00
Friday: 23:00 - 00:00
Saturday: 23:00 - 00:00
Live Music: Indoor:
Sunday: 11:00 – 00:00
Monday: 11:00 – 00:00
Tuesday: 11:00 – 00:00
Wednesday: 11:00 – 00:00
Thursday: 11:00 – 00:00
Friday: 11:00 – 00:00
Saturday: 11:00 – 00:00
Adding a Film Activity: Indoor:
Sunday: 11:00 – 00:00
Monday: 11:00 – 00:00
Tuesday: 11:00 – 00:00
Wednesday: 11:00 – 00:00
Thursday: 11:00 – 00:00
Friday: 11:00 – 00:00
Saturday: 11:00 – 00:00
Conditions:
The amended plan to be included on
the licence
Noise Control Plan to be provided to
the Environmental Health Department
To assess an indoor and outdoor CCTV
location given the change in the site's plan.
No children under 16 years old are
permitted to enter or stay on the premises after 22:00 except for when they are
residing or eating at the hotel
The additional measures, as set out
in section M of the application, to be included as conditions.
In the context of Crime and Disorder,
the Police had no objection to the change in the site's plan or to add films to
the licensed activities. However, they suggested that the applicant assessed an
indoor and outdoor CCTV location, given the change in the site's plan.
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, following discussions with the applicant, the Environmental
Health Service had agreed to withdraw the objection to the application on the
condition that a Noise Control Plan was submitted to the Service within six
weeks, and agreed with the Service.
In the context of Protecting
Children from Harm, the Police accepted the condition to
allow children under 16 years old, staying or eating at the hotel, to have
access to the premises or stay there after 22:00. However, they were concerned
about the situation on Christmas Eve and New Year's Eve and the applicant
agreed for this condition to be relevant to those times too.
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.
Supporting documents:
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