Agenda item

MICKEY’S BEACH CAFE, THE BOATYARD AND SHIPWAY, BWLCHTOCYN, ABERSOCH

 

To consider the above application

DECISION: To approve

 

Opening Hours

 

Sunday 10:00 - 18:00

Monday 10:00 -18:00

Tuesday 10:00 -18:00

Wednesday 10:00 -18:00

Thursday 10:00 - 18:00

Friday 10:00 -18:00

Saturday 10:00 -18:00

 

Licensable Activites

 

Supply of Alcohol: Both on and off the Premises

 

Sunday 10:00 - 17:00

Monday 10:00 - 17:00

Tuesday 10:00 - 17:00

Wednesday 10:00 - 17:00

Thursday 10:00 - 17:00

Friday 10:00 - 17:00

Saturday 10:00 - 17:00

 

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

• Staff Training
• Challenge 25
• The site will implement a no-glass policy, and all alcohol sold will be in polycarbonates
• No loud music to be played on site
• Staff will ask customers to leave quietly and respect local residents
• CCTV operational on site

 

Additional measures agreed with North Wales Police

 

• Alcohol deliveries will be made from existing food supplier - additional deliveries are not anticipated to cause traffic increase
• Refuse is part of a commercial contract collection on Tuesday & Friday’s and will not take place outside the hours of 17:00 – 08:00 as is the current arrangement

 

 

The Chair welcomed everyone to the meeting.

 

a)               The Licensing Department's Report

 

A report was submitted by the Head of the Environment Department detailing an intention to sell alcohol on a daily basis during the peak seasons of the year. It was reported that the applicant was applying for a premises licence to sell alcohol (on and off the premises) from 10:00 - 17:30, Monday to Sunday.

 

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.

 

It was reported that the Responsible Authorities had not submitted any comments and although North Wales Police had highlighted initial concerns, the applicant had now agreed to the measures to respond to those concerns and therefore the Police had withdrawn them.

 

Attention was drawn to the responses received from Members of the Public and Llanengan Community Council. The public were concerned that there were no toilets on site, and although customers used public toilets nearby, the café had no control over these toilets and they could close at any time. It was considered that this may lead to the possibility of causing human waste problems in the area. Concern was also highlighted

·        that the area had seen an increase in waste being scattered near the café and that could potentially worsen if more people come there to drink

·        of an increase in broken glass and plastic on the beach near the café

·        as the beach in front of the café was very popular with families, it was considered that selling alcohol could increase the potential for people to drink and operate power boats in the area, posing a danger for anyone swimming in the sea.

 

Llanengan Community Council's comments expressed concern regarding

·      drinking on the beach, stating that machinery (e.g. speedboats/personal watercraft) and alcohol were not compatible

·     the lack of on-site toilets - an issue that the Council had raised several times since the café was established on site

·      the sale of alcohol which could increase the popularity of Traeth Machros, that in turn would create additional traffic on a narrow, winding road that lacked sufficient space for two cars to pass each other. 

 

The officers noted that in accordance with the Licensing Act 2003, it was recommended that the Committee considered the respondents' comments, and the applicant's response to the concerns – and grant the application.  It was reported that alcohol had been sold on the premises on a number of occasions last summer under Temporary Events Notices. No complaints had been received from the Licensing Authority or the Public Protection Unit following several events permitted under Temporary Events Notices. 

 

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.

·        The legal officer to summarise the requirements of the application.

 

c)       In response to a question regarding the lack of toilets on the site and the concern that the public toilets may close, it was noted that the application had to considered in the context of the current situation.

       

ch)  In elaborating on the application, the applicant's representative noted the following observations:

·        There was a toilet on the site.

·        An application for a licence had been submitted in 2024, but following a number of meetings with Environmental Health and North Wales Police officers to discuss complaints and concerns, the application had been withdrawn and it was decided to use Temporary Events Notices. Alcohol was sold on the premises on 21 occasions over the summer and no complaints had been received following these events.

·        A commercial agreement for waste disposal was in place.

·        There was no intention to use glass.

·        There had been good co-operation with the Local Authority to try to alleviate concerns.

·        The applicant proposed to amend the closing time to 1700 – this highlighted a willingness to address concerns.

 

In response to a question as to how the applicant would address the principle of preventing public nuisance, it was noted that there was no intention to play loud music, the opening hours were limited, and in the 21-day period when Temporary Events Notices were used, no complaints had been received by the Environmental Health Department or the Local Authority. It was reiterated that staff would receive regular documented training and although the café was not open in the evenings, staff would be on site until 1900, solely for the purpose of cleaning. The enterprise would be a responsible one.

 

In response to a question about the number of people who would be on site, it was noted that there was space for 20 - 25 people to sit around the tables, but there was much coming and going with people moving on.

 

In response to a question regarding the rubbish/waste collections, it was noted that waste collection was all done in one visit after 8am. In response to a nearby resident's concern stating that the café did not have permission to leave a bin on their land, it was noted that the bins were stored on land and put out for a collection near the car park. The applicant reiterated that he was not aware of the land rights, but that he would be willing to move the bins to another location and hold a discussion with the landowner.

 

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

 

Mr Jeremy Beddows

·        He was the owner of the land near the café and his property was located approximately 1 metre from the site

·        The bins area was in his curtilage

·        The refuse lorries had to travel along a very narrow road that also led to the entrance to the beach

·        The situation could be resolved by holding a conversation

·        It was welcomed that there was a toilet on site - the public toilets were far from the beach and therefore the land nearby and the garden were being soiled

·        The beach was popular – there was an increase in the use of watercraft and the number of cars on the site and therefore concerns of drinking and driving needed to be taken into account

·        Welcomed the fact that glass would not be used – happy with the use of polycarbonates

·        There was a very high wall behind the café and people went there to sit with drinks – a sign was needed to highlight the danger

 

            Mr Peter Baines

·        He was the closest local resident to the café

·        There had been an increase in the noise level due to the movement of bins during the period of the Temporary Events

·        There would be a change to the area's atmosphere following the introduction of alcohol

·        Drinking and driving watercraft was not policed

·        Off-site alcohol sales were not well managed

·        More lorries would come to the area if the number of produce suppliers increased. All deliveries were unloaded at the car park

·        The beach was within the AONB

·        The business tended to take advantage of a situation

·        While there was no trouble during the temporary events, there was a sense that things would get out of control

·        No discussions had taken place prior to the hearing

 

The Licensing Manager took advantage of the opportunity to summarise her case, noting that the applicant had agreed to additional conditions and had given assurance that loud music would not be played. It was also noted that the applicant would be encouraged to collaborate with neighbours.

 

The applicant's representative took the opportunity to summarise her case, stating that they had engaged with the Local Authority and the Police and that there was no attempt by the applicant to try to take advantage of the situation. She reiterated that there was no intention to run the site as a public house and that the enterprise should not have a negative impact on visitors. She noted that the applicant was very willing to collaborate with local residents and that measures had been proposed to alleviate the concerns. She also noted that objections had not been received by the Responsible Authorities.

 

dd)       The Legal Officer took the opportunity to summarise the requirements of the application

-        An application to supply alcohol on and off the premises

-        It was proposed to agree to licensed hours 1000 - 1700 Monday to Sunday (opening hours 1000 - 1800

-        Conditions to include no glass, appropriate staff training, implementation of Challenge 25, no loud music to be played, request for customers to leave quietly and respect neighbours, on-site CCTV and toilets available for use on the property

-        She noted the situation regarding the wall to the rear of the property, and that the suggestion of a safety sign was a matter for the Environment Department or Community Council

 

e)      The applicant's representative and the Licensing Manager withdrew from the meeting while the members of the Sub-committee 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.

DECISION: ⁠To approve the application

 

Opening Hours:

 

Sunday 10:00 - 18:00

Monday 10:00 - 18:00

Tuesday 10:00 - 18:00

Wednesday 10:00 - 18:00

Thursday 10:00 - 18:00

Friday 10:00 - 18:00

Saturday 10:00 - 18:00

 

Licensable Activities

 

Supply of Alcohol on and off the Premises

 

Sunday 10:00 - 17:00

Monday 10:00 - 17:00

Tuesday 10:00 - 17:00

Wednesday 10:00 - 17:00

Thursday 10:00 - 17:00

Friday 10:00 - 17:00

Saturday 10:00 - 17:00

 

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

·        Staff Training

·        Challenge 25

·        The site to implement a zero-glass policy, with all alcohol sold in polycarbonates

·        No loud music to be played on the site

·        Staff to ask customers to leave quietly and to respect local residents

·        CCTV system operational on the site

 

Additional measures agreed with North Wales Police

 

·        The alcohol supplies would be from existing food suppliers – it was not anticipated that additional suppliers would lead to an increase in traffic

·        Litter was collected as part of a commercial agreement on Tuesdays and Fridays, and would not take place outside the hours of 17:00 – 08:00 as normal

 

In the context of Crime and Disorder Prevention, no observations or 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, comments and objections were received from neighbours of the property expressing concerns about the potential for anti-social behaviour and public nuisance issues arising from the granting of the application. However, no comments or objections were received from the Public Protection Department and no evidence of anti-social behaviour or increased noise levels was presented.

 

In noting the legitimate concerns expressed by the neighbours and local residents, the Sub-committee did not consider that there was evidence to indicate there was an issue of a public nuisance. The Sub-committee encouraged the applicant to discuss matters with the local residents in particular to resolve issues relating to waste collection and the concerns related to waste lorries and providers. The Sub-committee noted that the applicant was willing to reduce the licensed hours to 1700 instead of 1730 in order to limit the potential impacts on neighbouring properties. Other issues such as the availability of toilets and the implementation of a no-glass policy were addressed at the hearing. As with all licences granted, if any problems arose in connection with the licensing principles, the Act would allow a licence to be referred for review by the Authority.

 

In the context of Protecting Children from Harm, it was highlighted that the applicant had provided details of the steps to be taken to ensure that alcohol would not be sold to minors and these would be included as conditions on the licence. The Sub-committee also noted that the site had benefited from a number of Temporary Events Notices over the past 12 months and no complaints had been received or reported under the headings of the licensing objectives during these events.

 

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 received the letter (or a copy of the letter) confirming the decision.