PANT YR ARDD, TREGARTH, BANGOR, LL57 4PL
To consider the above application
Minutes:
APPLICATION TO VARY A PREMISES LICENCE
A) PANT YR ARDD, TREGARTH, BANGOR
B) THE ROYAL, BARMOUTH
A)
Application
to vary a premises licence Pant yr Ardd, Tregarth, Bangor
Everyone was
welcomed to the meeting by the Chairman, Cllr. Tudor Owen. The panel and the
officers were introduced to everyone present.
On behalf of the premises: Mr Kenneth Richard
Williams (the applicant) and Mr Robert Williams
Local Member: Cllr. Gwen Griffith
Others in attendance: Mr Huw Jones (Llandygai
Community Council), Mr P and Mrs H Jones (local residents)
The report and recommendation of the Licensing Section.
a)
Submitted – the report of the Licensing
Manager providing details about Mr Kenneth Richard Williams’s application for a
premises licence for Pant yr Ardd,
Tregarth, Bangor. Although it was an application for
a public house with a beer garden, attention was drawn to the fact that the
plan of the premises received with the application form did not include the
location of the beer garden. In terms of background information, it was noted
that a premises licence had existed for the property since 24.11.2005 but it
was surrendered on 20.05.15. Reference was also made to the fact that the
applicant had included appropriate steps to promote the four licensing
objectives as part of his application and, following discussions with the
Environmental Health Service and the Licensing Authority, has agreed to the
noise conditions and to CCTV conditions.
b)
It was noted that, following a consultation
period, the Environmental Health Service and the Licensing Authority had
objected to the application. No observations had been received from North Wales
Police and there was no objection from the Fire and Rescue Service. In
addition, five objections had been received from other parties based on the
licensing objective of Prevention of Crime and Disorder and the Prevention of
Public Nuisance. The objectors’ main concerns were increase in noise, disorder,
litter and licensable activities provided in the beer garden.
c)
In considering the application, the following
procedure was followed:-
·
Members of the Sub-committee and the applicant were
given an opportunity to ask questions of the Licensing Manager.
·
The applicant was invited to expand on the
application.
·
Consultees were
given an opportunity to submit their observations.
·
The licensee, or his representative, was invited to
respond to the observations.
·
Members of the Sub-committee were given an
opportunity to ask questions of the licensee.
·
Members of the Sub-committee were given an
opportunity to ask questions of the consultees.
It was
announced that everybody had up to 10 minutes to share their observations. It
was also noted that the Members had visited the site.
ch) In elaborating on the application, the
applicant noted that he was happy with what had been submitted and that he had
already agreed to the noise and CCTV conditions and had reduced some opening
hours. He noted that music would not be played outside the premises, in the car
park/beer garden, and should he wish to hold licensable activities in the car
park/beer garden in the future, he was aware of the need to apply for an
additional licence. The applicant was willing to co-operate with the
community's requirements by considering reducing opening hours and closing
doors and windows to try to prevent noise escaping.
d) A letter received
from Mr Brazier was acknowledged.
dd) In response to the application, the Local
Member – Councillor Gwen Griffith, noted that she welcomed a public house in
the village as it and the Community Centre were the only public buildings in
the village. Nevertheless, she highlighted the fact that Tregarth
was a quiet village and that there was a need to ensure fairness for
neighbouring residents. She also highlighted her concerns in relation to safety
and that a busy road ran between the public house and the beer garden / play
area / car park and that there was no control over smoking locations. Following
complaints about noise from the public house in recent years she expressed that
she welcomed the fact that the hours were to be reduced and that music would
not be played outside the premises. She asked for assurances that the site
would be kept clean and tidy.
e)
In response to the application, Mr Huw Jones, Chair of Llandygai
Community Council, expressed the Council’s opinion on the application which had
been discussed at its meeting in June 2015. It was noted that the Council
accepted the importance of the public house for the local community; however,
concerns were highlighted about the opening hours and the public nuisance for
local residents when events would be held in the car park/beer garden. In terms
of noise emanating from people talking and smoking outside the premises, it was
accepted that this was probably a general comment since the smoking ban. The
need to strike a balance within the community was acknowledged - it was noted
that the village was supportive of the public house but that fair consideration
must be given to the needs and requirements of local residents and to the
community using the public house. He noted that no formal complaints had been
received by the Council, but he was aware of the concerns of local residents as
a result of informal conversations. He noted that the Council was supportive of
the application should the conditions be accepted by the applicant.
f) A letter
received from Mr Roberts was acknowledged.
ff) In response to the application, Mr and Mrs
Jones, local residents, noted their objection to the application due to the
changes to the opening hours, the intention to play live music outside the
premises and the intention to sell alcohol off the premises. Mrs Jones noted
that, as a family, they had had bad experiences in the past with the former
landlord and they were concerned that they would have to face the same
concerns/difficulties again. Mrs Jones noted that she and her husband were
aware that the premises existed as a public house before they bought their
house and therefore they had obviously expected some noise and music. Despite
this, loud music would be played outside the licensed hours and a noise
assessment was requested. The applicant was asked to comply with the
requirements of the community and seek to satisfy the noise requirements,
control what would happen in the car park and respect the environment by
clearing up after public events. In response to a question, Mrs Jones noted
that she had contacted the Police once regarding noise coming from a car in the
car park.
g) In
summarising his application, the applicant noted that he was grateful to the
objectors for coming forward with their observations and that he would make
every effort to comply with the requirements.
h) The
amended hours and the changes to the application were confirmed.
i) The
relevant parties left the meeting.
The
members of the Sub-committee discussed the application, considered all the evidence
submitted, and gave particular attention to the principles of the Licensing Act
2003, namely -
• Prevention
of Crime and Disorder
• Public
Safety
• Preventing
Public Nuisance
• Protection
of Children from Harm
Based on
the written and verbal observations, the Sub-committee was satisfied that the
application as amended, along with the licence provided, was adequate to
promote the licensing objectives. The applicant was wished well with running
the premises as a public house and it was hoped that he would work effectively
with the community and the neighbouring residents.
RESOLVED: The Sub-committee resolved to grant the licence in accordance
with the application as amended during the hearing. Under the circumstances,
the licence granted is as follows:
i. Opening
Hours: in accordance with your original
application form.
ii. Indoor sporting events: in accordance with your original application
form.
iii. Live music: indoors, Fridays
18:00-00:00, Saturdays 18:00-01:00, Sundays 12:00- 00:00.
iv. Recorded music: indoors, Mondays-Thursdays 12:00-23:00, Fridays-Sundays
12:00- 00:00.
v. Other entertainment: indoors,
Mondays-Fridays 12:00-00:00, Saturdays 12:00-01:00,
Sundays 12:00-00:00.
vi. Supply of alcohol: for consumption on and
off the premises, Mondays-Fridays 12:00-01:00, Saturdays 11:00-01:00, Sundays
11:00-00:00.
vii Section M of your application form
(operating schedule) will be incorporated as conditions
on the licence.
viii. The conditions recommended by Gwynedd
Council in relation to noise control, light and CCTV will be incorporated as
conditions on the licence.
The
Solicitor reported that the decision would be confirmed formally by letter sent
to everyone present. He also notified that they had the right to appeal the
decision within 21 days of receiving the letter.
B)
Application
to Vary the Licence of ‘The Royal', Barmouth.
a)
The Licensing Manager reported that officers
had held a meeting between the relevant parties and that agreement had been
reached to approve the application. Consequently, this discussion avoided the
need to hold a hearing. The solicitor noted that should an application be
discussed through mediation that a further determination was not required by a
Sub-committee.
It was resolved to
submit a record of discussions / mediation meetings as information to the
relevant Licensing Committees in future.
The meeting commenced at 2.30pm and concluded
at 3.50pm.
Supporting documents: