Agenda item

REUBENS COFFEE HOUSE, 31 STRYD FAWR, CAERNARFON LL55 1RH

 

To consider the application

DECISION: ⁠To approve the application

Opening Hours:

 

Sunday 08:00 — 00:00 

Monday 08:00 — 00:00 

Tuesday 08:00 — 00:00 

Wednesday 08:00 — 00:00 

Thursday 08:00 — 00:00 

Friday 08:00 - 00:00 

Saturday 08:00 - 00:00

 

Licensable Activities:

 

Supply of Alcohol: On and off the premises

 

Sunday 08:00 - 23:30

Monday 08:00 - 23:30

Tuesday 08:00 - 23:30

Wednesday 08:00 - 23:30

Thursday 08:00 - 23:30

Friday 08:00 - 23:30

Saturday 08:00 - 23:30

 

Additional measures, as set out in part M of the application and which were agreed at the hearing are to be included as conditions which includes the following:

 

·        A record of all refused sales of alcohol

·        Install and maintain a comprehensive CCTV system with recordings to be stored for a minimum of 31 days with date and time stamping

·        Staff Training;

·        In house accident book

·        Challenge 25 Policy;

·        No loud music and customers will be asked to leave quietly and respectfully;

·        A noise impact assessment to be undertaken prior to opening and for the result to be shared with the Public Protection department;

·        The disposal of waste bottles and cans into containers outside of the building subject to the license is prohibited between 22:00 - 08:00. Empty bottles shall be stored in a lidded skip / bin within the cartilage of the premises prior to collection.

 

Note:

The Applicant will also be aware that the licensing hours cannot be operational until the variation in the hours stipulated on the current planning permission hours have been varied and approved. The current planning permission allows for trading until 18:00 hours.

 

The Chair welcomed everyone to the meeting.

 

a)               The Licensing Department's Report

 

The report of the Head of Environment Department was presented, providing details of a premises licence application for Tŷ Coffi Reubens. It was explained that the property would mainly operate as a coffee shop, with additional provision to sell alcohol to be consumed 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.

 

It was reported that Environmental Health had lodged an objection due to concerns relating to public nuisance. Permission was originally granted for the property to open as a coffee house and not a bar, with opening hours until 18:00 and not 00:00. Should the property be granted permission to sell alcohol, Environmental Health was concerned that, with live and recorded music being played on the property, it would potentially cause noise disturbance for the properties of nearby residents. Environmental Health also highlighted that a noise impact assessment had not been completed.

 

Reference was made to observations received from the Planning Department which confirmed that the application was contrary to the requirements of the current planning permission for the property - the current permission allowed activity until 18:00. It was reiterated that an application had not been received to vary the hours, but a request to change the use from A1 to A3 was awaiting decision.

 

The officers, in accordance with the Licensing Act 2003, recommended that the Committee approved the application, subject to the following terms:

·        The applicant must ensure full compliance with the planning permission, and the licence must not become operational until planning matters have been resolved.

·        The operating hours and the licensed activities must be in accordance with the hours approved under the planning permission.

·        A noise impact assessment must be provided to address the concerns of Environmental Health and to ensure the prevention of public nuisance.

 

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 right to play music, it was noted, should the application be approved, the applicant will have a right to play live and recorded music and to extend it until 23:00 - after this, a temporary events notice would be required. It was reiterated that Environmental Health was likely to include noise observations on every application due to the possibility of noise nuisance should the applicant not take appropriate steps to mitigate noise impact.

 

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

·        That operating as a coffee shop was the main intention of the business, creating a desirable environment for customers to relax, meet friends and hold a conversation.

·        That 00:00 had only been included for flexibility - use if it was needed, for example, for a private event or a party. Should the event go beyond 23:00, the applicant would inform the Police and Environmental Health, 14 days prior to the event to discuss arrangements.

·        The applicant would consider noise mitigation.

·        That an application had been submitted to the Local Planning Authority to amend the opening hours.

·        The applicant was aware that the licensing hours could not be operational until the hours variation noted, and the hours of the current planning permission, had been varied and approved. The current planning permission allowed trading until 18:00. The applicant had no intention to break the law.

·        Double-glazing will be installed on the front of the shop and the side window to reduce the impact of noise.

·        No objections had been received from neighbours.

·        The applicant was willing to provide a noise impact assessment.

 

Through the Chair's permission, the applicant was given an opportunity to present observations.

·        That he was passionate about the business. He had two other coffee shops (one in Holyhead and the other in Upper Bangor), which were very popular.

·        Caernarfon was the next natural site to extend his business - he was hoping to open a property in a heritage site that would boost the local economy.

·        There was no intention to open a noisy bar late at night - this was a coffee house culture of creating a relaxing environment and an opportunity for people to relax.

 

In response to a question regarding spaces and the number of staff, he noted that it would be possible to sit 15 in the café and that there was an intention to employ up to 15 staff members (a mix of full-time and part-time).

 

In response to a question about why a noise assessment had not been presented, it was noted that this was a quality location to relax, and should an event come up where a noise assessment was required, that would be implemented.

 

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

 

Ffion Lewis (Public Protection Officer)

·        Objects to the application as the applicant had not been able to persuade the Service that he would manage noise and prevent public nuisance

·        18:00 was the closing time on the property's current planning permission

·        There was no structure in place to prevent noise in the building

·        Should the application be approved, conditions would have to be imposed

 

In response to a question regarding the number of noise complaints from the area being received by the Service, it was noted that the Service 'received many noise complaints in the area'.

 

Arwel Thomas Senior Planning Officer

·        Objected to the application as the opening hours that were sought complied with the conditions of the existing planning permission

·        An application had been submitted to the Local Planning Authority to amend the use and hours

·        There was an error in the description and therefore there would be a need to re-submit

·        The intention of the previous permission was to open a hot food shop, but if there was no intention to serve hot food from Tŷ Coffi Reubens, there would be a need to reconsult

 

dd)       Taking advantage of the right to conclude her case, the Licensing Manager noted that the recommendation was to approve as long as the terms were addressed. Although the business plan was to be approved, there was sometimes a tendency to take advantage of licensed activities. To avoid this, it must be ensured that the property and the licence was fit to purpose.

 

            Taking advantage of the opportunity to conclude their case, the applicant's representative noted the following observations:

·        Despite noting 'a number of noise complaints in the area', they did not relate specifically to this premises

·        There were pubs in the area

·        There was only space for 15 to sit here

·        No objections had been received from the public

·        Accepted an amendment to the wording of the planning application to note for the 'conversion of a charity building to coffee shop sales' - the principle was acceptable

·        That he confirmed that there was no intention to sell hot food on the site during the day or night

 

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

·        There was a need to amend the description of the 2025 planning application

·        Opening hours from 08:00 to 00:00 every day

·        A compromise had been agreed to stop selling alcohol at 23:30 and close the shop at 00:00

·        The opening hours sought would not be operational until the planning element had been decided

 

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, 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

 

Opening Hours:

Sunday 08:00 - 00:00

Monday 08:00 – 00:00

Tuesday 08:00 – 00:00

Wednesday 08:00 - 00:00

Thursday 08:00 – 00:00

Friday 08:00 – 00:00

Saturday 08:00 – 00:00

 

Licensable Activities: The sale of alcohol: On and off the premises

 

Sunday 08:00 - 23:30

Monday 08:00 - 23:30

Tuesday 08:00 - 23:30

Wednesday 08:00 - 23:30

Thursday 08:00 - 23:30

Friday 08:00 - 23:30

Saturday 08:00 - 23:30

 

The additional measures, as noted in part M of the application, and agreed at the hearing, to be included as conditions on the licence:

 

·        A record of every alcohol sale refused

·        Install and maintain a comprehensive CCTV system with recordings to be stored for at least 31 days with a time and date stamp

·        Staff training

·        Internal accident book

·        Challenge 25 Policy

·        No loud music

·        Ask customers to leave quietly and respectfully

·        Conduct a noise impact assessment before opening the property to the public. Outcome to be shared with the Public Protection Department

·        The disposal of waste bottles or cans into containers outside of the building that is in accordance with the licence conditions is prohibited between 22:00 - 08:00. Empty bottles to be stored in a skip / a bin with a lid within the curtilage of the site before collection.

 

Note:

 

The applicant would also be aware that the licensing hours could not be operational until the hours variation noted on the current planning permission had been varied and approved. The current planning permission allowed trading until 18:00.

 

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, observations and objections were received from the Environmental Health Service which expressed concerns regarding the possibility of anti-social behaviour and public nuisance matters deriving from approving the application. The objections related to the proposed opening hours and the impact that noise or odour would have on nearby residential dwellings, especially late at night. The Service proposed that opening hours until 18:00 should be given on the licence in accordance with the current planning permission. Reference was also made to concerns relating to the building's ability to manage the noise of live or recorded music and the applicant should present a noise impact assessment.

 

Despite noting concerns, the Sub-committee did not consider that evidence had been submitted to highlight public nuisance specifically from this property, but the Sub-committee encouraged the applicant to conduct a noise impact assessment and submit it to the Service (this had been included as a condition on the licence).

 

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, the applicant had provided details regarding the steps to take to ensure that alcohol would not be sold to minors, and these steps would be included as conditions on the licence.

 

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.