Agenda item - APPLICATION FOR A PREMISES LICENCE

PORTMEIRION LIMITED, DRIVE FIELD AND CAR PARK, CASTELL DEUDRAETH, PORTMEIRION, MINFFORDD, PENRHYNDEUDRAETH, LL48 6EN

To consider the application

DECISION: ⁠To approve the application

Opening Hours

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Licensable Activities:

Live music - Outdoors

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Seasonal events - May - September

⁠Maximum of four events in a year

Recorded music

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Seasonal events - May - September

⁠Maximum of four events in a year

Supply of alcohol - On the Premises

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Seasonal events - May - September

⁠Maximum of four events in a year

The additional measures, as set out in section M of the application, to be included as conditions including the following additional condition to manage noise:

Noise Management Conditions

1. The level of noise produced by entertainment held during the event shall not exceed the levels listed in table 1 below, between 18:00 and 23:00, at 1 metre from the façade of any noise sensitive premises in the locality.

⁠Table 1

Measurement parameter	Permitted Hours	Façade level (dB)⁠	Free field level (dB)
L Aeq, 15 minutes (“)_⁠	10:00 – 23:00	65	62
Octave band 31.5Hz (*)	10:00 – 23:00	70	67
Octave band 63 Hz (*)	10:00 – 23:00	70	67
Octave band 125 Hz (*)	10:00 – 23:00	70	67

2. Any sound measurements undertaken to establish compliance with the condition shall follow the guidance contained in British Standard BS 4142:2019.

3. The number of events shall be limited to a maximum of 4 in any 12-month period.

4. No more than two consecutive events shall occur in any 7-day period.

(") The measurement parameter L Aeq is defined as: ⁠_⁠ ⁠

The equivalent continuous noise level which at a given location and over a given period of time contains the same A-weighted sound energy as the actual fluctuating noise at the same location over the same period.

(*) Frequency weighting should not be applied to the octave band measurements. Measurements in the octave band (centre frequencies) 31.5 Hertz, 63 Hertz and 125 Hertz should be linear.

Conditions based on the guidance issued within the Code of Practice on Environmental Noise Control at Concerts (Noise Council, 1995).

The Chair welcomed everyone to the meeting.

a) The Licensing Department's Report

A report was presented by the Head of the Environment Department detailing an application for a premises licence from Portmeirion Ltd to hold up to four outdoor events annually between May and September. Licensable events would be held which would include recorded music, live music and the sale of alcohol for consumption on the premises.

It was noted that the Licensing Authority's 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.

The officers, in accordance with the Licensing Act 2003, recommended that the Committee approve the application in accordance with the agreement they had reached with the applicant to add noise control measures to the licence.

In considering the application, the following procedure was followed:-

· Members of the Sub-committee given an opportunity to ask questions of the Council’s representative.

· At the Chair’s discretion, the applicant or their representative to ask questions of the Council’s representative.

· The applicant and/or their 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 their representative.

· At the Chair's discretion, the Council’s representative to ask questions of the applicant and/or their representative.

· Every Consultee to be invited to support any written representations.

· The Council’s representative and the applicant or their representative to be given the opportunity to summarise their case. ⁠ ⁠ ⁠

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

b) Elaborating on the application, the applicant's representative made the following comments:

· The application was for holding up to four events at Cae Dreif

· The events were part of Portmeirion's centenary celebrations and were a way of marking the occasion

· The events were an opportunity to provide entertainment and enjoyment for the village to celebrate together

· They hoped to hold four nights annually after this

· They agreed with the noise control conditions – have held discussions with the organisers and the Council officers

c) The consultees in attendance took the opportunity to expand on their written representations:

Alun Evans (Environmental Health Manager, Cyngor Gwynedd)

· Confirmed that the conditions had been agreed

· This condition served to protect the Licensing objective of Preventing Public Nuisance and neighbouring residents from noise pollution

· He thanked Portmeirion for their co-operation

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

· A simple application for a licence for recorded music, live music and the sale of alcohol to be consumed on the premises

· The measures as set out in part M of the application, to be included as conditions on the operational schedule together with the additional condition of noise control

The applicant's representatives, the Environmental Health Manager 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.

RESOLVED: ⁠To approve the application

Opening Hours

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Licensable Activities:

Live Music – Outdoors

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Seasonal events – May – September – A maximum of four events in a year

Recorded Music

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Seasonal events – May – September – A maximum of four events in a year

Supply of Alcohol - On the Premises

Sunday -

Monday -

Tuesday -

Wednesday -

Thursday -

Friday 18:00 – 23:00

Saturday 18:00 – 23:00

Seasonal events – May – September – A maximum of four events in a year

The additional measures, as set out in section M of the application, to be included as conditions including the following additional condition to control noise:

Noise Control Conditions

1. The level of noise produced by entertainment held during the event shall not exceed the levels listed in table 1 below, between 18:00 and 23:00, at 1 metre from the façade of any noise sensitive premises in the locality.

Measurement parameter	Permitted Hours	Façade level (dB))	Open field level (dB)
L_Aeq_{, 15 minutes (“)}	10:00 – 23:00	65	62
Octave band 31.5Hz (*)	10:00 – 23:00	70	67
Octave band 63 Hz (*)	10:00 – 23:00	70	67
Octave band 125 Hz (*)	10:00 – 23:00	70	67

2. Any noise measurement undertaken to establish compliance with the above condition shall follow the guidance contained in British Standard BS 4142:2019.

3. The number of events shall be limited to a maximum of 4 in any 12-month period.

4. No more than two consecutive events shall be permitted in any 7-day period.

(“) The measurement parameter LAeq is defined as - The relative continuous noise level which at a given location and over a given period of time contains the same sound energy as the actual fluctuating noise at the same location over the same period.

(*) Frequency weighting should not be applied to the octave band measurements. Measurements in the octave band (centre frequencies) 31.5 Hertz, 63 Hertz and 125 Hertz should be linear.

Conditions are based on Code of Practice guidelines for the Management of Environmental Noise from Concerts (Noise Council, 1995)

In the context of Preventing Crime and Disorder, no observations or evidence had been submitted that related to this principle.

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

In the context of the Prevention of Public Nuisance, comments were received from the Public Protection Pollution Service. While there was no objection in principle to the application, there was concern about the potential for amplified music noise from the concerts that would create a public nuisance to any nearby residential properties. Conditions to control noise were recommended and the applicant had agreed to accept them (the additional conditions set out above).

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

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.