Agenda item

Bella Pizza, 19 Twll yn y Wal, Caernarfon, Gwynedd LL55 1RF.

 

To consider the above application

DECISION: ⁠To approve the application

 

Opening Hours:

Sunday 16:00 – 00:00

Monday 16:00 – 00:00

Tuesday 16:00 – 00:00

Wednesday 16:00 – 00:00

Thursday 16:00 – 00:00

Friday 16:00 – 01:00

Saturday 16:00 – 01:00

 

Licensable Activities:

 

Late Night Refreshments – Off the premises 

 

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 – 01:00

Saturday 23:00 – 01:00

 

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

 

·       Highly visible internal and external CCTV cameras

·       Train staff on how to deal with rude / drunk and unruly customers

·       2 large floodlights at the front of the building

·       Staff to ensure customers do not convene in front of the shop

·       Staff to clean the street after opening hours

 

 

 

 

Note:

 

The planning conditions relating to the extraction unit or associated equipment should be retained, and confirmation should be obtained that this has been agreed and accepted by the Local Planning Authority

 

The Chair welcomed everyone to the meeting.

 

a)               The Licensing Department's Report

 

The report of the Head of the Environment Department was presented giving details of a premises licence application for Bella Pizza, 19, Twll yn y Wal, Caernarfon, Gwynedd. The company was applying for a property licence for the provision of Late Night Refreshments off the premises, Monday - Thursday 23:00-00:00, Friday - Saturday 23:00-02:00, and Sunday 23:00-00:00. 

 

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 Environmental Health had lodged an objection relating to the property's proximity to residential properties along with concern about the cumulative impact of other licensed venues on the street which would undermine the objective of preventing public nuisance. A Member of the public also objected on the grounds of disturbance and a potential increase in the anti-social behaviour that already exists in this area. It was reiterated that the development may have a negative impact on a historic location and exacerbate the problem of littering. A suggestion was made that there should be security officers on the door.

 

Reference was made to confirmation from the Planning Department that a Planning application to amend the hours had been validated and was being considered, pointing out however that the application only contained an extension until 1:00.

 

North Wales Police confirmed that they had no objection to the application and Caernarfon Town Council unanimously supported the application, acknowledging that the property did not sell alcohol or play music, and actively encouraged people not to park on the street

 

The officers, in accordance with the Licensing Act 2003, recommended that the Committee considered the comments received, particularly the concerns about the possibility that extending the opening hours of the takeaway food business could exacerbate existing anti-social behaviour on the street by attracting groups of young people and keeping them there until later.

 

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 about the number of similar venues in the town that have similar hours and sell takeaway food, it was noted that there were six venues in the town, but none with security officers on the doors.

 

In response to a question regarding the breach of a planning permission condition relating to extraction units, the applicant stated that a Planning Officer had visited the property and accepted that the equipment was satisfactory. It was reiterated that the extraction system was an internal one.

 

ch)       Elaborating on the application, the applicant made the following observations:

·        That she had a personal connection to the street – she was familiar with the street and that it was not a random decision to relocate there

·        That she did not allow staff to park on the street even though there were no parking restrictions on the street

·        That she was a responsible neighbour – keeping the street clean and keeping order

·        That she urged customers to move on after buying food

·        That she had discussed the application to extend the hours with residents

·        That the air extraction unit was an internal one and therefore, despite the cost to the business, had less impact on residents

·        That she had 12 very conscientious staff, why then was there a need for security officers on the door

·        That she had five years' property management experience

·        That she was happy to adjust the opening hours on Friday night and Saturday night to 1:00

 

Videos were shared by the applicant highlighting noise on the street

 

In response to a question about a comment from Caernarfon Town Council that the shop's signage is not consistent with the general appearance of the street, she stated that she did not understand the comment but that she had attempted to have the sign in-keeping with every other one in the street.

 

d)           The consultee in attendance took the opportunity to expand on the observations she had submitted in writing:

 

Awen Gwyn, Owner of a neighbouring property

·        That there was a need to police the noise from the pubs

·        That there was a need to behave responsibly

·        That the noise disturbed her tenants

·        That a formal complaint had to be lodged about the noise

 

In response to a question about the property of Bella House, Caernarfon and whether Bella House and Bella Pizza were the same company, it was stated that Bella Pizza had nothing to do with Bella House

 

Ffion Lewis, Public Protection Officer

·        Concern the shop would encourage more people to gather and make noise in front of residents' homes

·        Concern at high noise levels between 00:00 and 01:30

·        Concern about the cumulative impact of licensed venues on the street

·        Concern that there would be an increase in behaviour problems/public nuisance

 

Elizabeth Williams, North Wales Police

·        That the venue was busy

·        No complaints had been received since Bella Pizza opened

 

dd)       The Licensing Officer had no further observations to submit to conclude her case

 

            The applicant took the opportunity to summarise her case noting that the residents of the street had not complained about Bella Pizza despite complaining daily about noise from the Market Hall and Four Alls

 

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

·        Licensed hours 23:00 - 00:00 Sunday to Thursday

·        Licensed hours 23:00 – 01:00 Friday and Saturday

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 16:00 – 00:00

Monday 16:00 – 00:00

Tuesday 16:00 – 00:00

Wednesday 16:00 – 00:00

Thursday 16:00 – 00:00

Friday 16:00 – 01:00

Saturday 16:00 – 01:00

 

Licensable Activities:

 

Late Night Refreshments – Off the premises 

 

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 – 01:00

Saturday 23:00 – 01:00

 

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

 

•           Highly visible internal and external CCTV cameras

•           Train staff on how to deal with rude/drunk and unruly customers

•           2 large floodlights at the front of the building

•           Staff to ensure customers do not gather in front of the shop

•           Staff to clean the street after opening hours

 

Note: The planning conditions relating to the extraction unit or associated equipment should be retained, and confirmation should be obtained that this has been agreed and accepted by the Local Planning Authority

 

In the context of Crime and Disorder Prevention, the Police did not submit any objections in response to the application, and no further 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, no evidence which related to this principle had been submitted, however observations and objections were received from the Environmental Health Department and an individual who raised concerns about the potential for anti-social behaviours and public nuisance issues that may arise from granting the application. The Sub-committee considered the observations and concerns that allowing the application would increase anti-social behaviour and/or increase noise levels, but the Sub-committee did not consider that the evidence submitted indicated that a public nuisance applied to this property. Furthermore, the Sub-committee accepted the applicant's proposal to ensure that customers would be encouraged to leave the area after they had received their order and the efforts to move people from the nearby pubs so as not to convene in the street. The Sub-committee also considered that the applicant was willing to reduce the licensable hours to 1:00 instead of 2:00 to limit impacts on neighbouring properties. 

 

The Sub-committee did not consider that there was any evidence to support the need to impose a condition on the applicant to employ door security staff.

 

As with any other application, if any problems arose in connection with the Licensing principles, the Act would allow a licence to be referred for review by the Licensing Authority.

 

In the context of Protecting Children from Harm, no relevant evidence had been submitted to support the observations.

 

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.