Agenda item
BRYNFFYNNON,
LOVE LANE, DOLGELLAU, LL40 1RR
To consider
the above application
Minutes:
The panel and the officers were introduced to everyone that was present and it
was announced that everyone had up to 10 minutes to share their observations on the application. In highlighting the absence on the objectors of the application, the
Chairman asked the Licensing Manager to confirm that the objectors had received a letter noting the date and time
of the hearing. In response, the Licensing Manager confirmed that a letter had been sent to all objectors with evidence to support this.
On behalf of
the premises: Mr Steven Holt
Ms
Debra Harries
Mrs
Angela Lienz
Mr
Bernhard Lienz
a)
The report and recommendation
of the Licensing Section
Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Brynffynnon, Love Lane, Dolgellau in relation to the supply of
alcohol, and the showing of
films to individuals who would be non-residents
of the bed and breakfast who would be staying
on the premises, along with the right to serve late night refreshments
to non-residents between
23:00 and 01:00 in special events. Attention was drawn to the proposed
hours in the report.
It was explained that the premises currently held a premises licence for the sale of alcohol and showing of films to residents of the premises only. It was highlighted
that the application was submitted in order
to attract customers who are non-residents
to the restaurant, and to enable alcoholic drinks to be available for them.
It was noted that the Licensing Authority had sufficient evidence for the application to be submitted in accordance
with the requirements of
the Licensing Act 2003 and
the relevant regulations.
Reference was made to measures recommended by the applicant to promote the licensing objectives along with the responses that were received during
the consultation period. It was noted that
Dolgellau Town Council was supportive of the application and that six letters
had been received objecting to the application on the basis of preventing public nuisance, preventing crime and disorder
and public safety. It was highlighted that all of the objectors referred their concerns to the unsuitability of the narrow access road to accommodate an increase in traffic:
concern that an increase in
visitor numbers to the premises would create a situation where emergency vehicles would not to be able to gain access
to the premises; that the premises is within a quiet residential area and that
approving the licence would increase noise; that there
would be a potential in an increase
in crime and disorder
b)
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.
c)
In expanding on the application, the applicant noted that he was happy
with what had been submitted and reiterated the following observations:
·
The main objective of the
application was to sell
alcohol to non-reisdents
·
The room's capacity was 20
·
That there was sufficient parking spaces in the town
along with space for up
to 10 cars on the site
·
In terms of monitoring noise, it was noted that
there would be a request for visitors
to leave the hotel orderly and quietly.
Food would be served between 6:30pm and 8:30pm with people generally
leaving around 10:00pm. This could be later
on special events, such as
New Year's Eve
·
The hotel would not be a cheap place to drink and eat and
so and increase
in crime would not be predicted - there was no intention
to create disorder - the residents, their staff and their own
neighbours would have to be considered
·
The application for a films licence
had been raised due to applications from organisations such as Merched y Wawr and Gwynedd Council to rent meeting
rooms / show short films
·
That the hotel provided good holiday
accommodation and local jobs
·
That the provision of late night refreshments
would be an additional service in response to requests from other
B&B guests
·
The possible total of residents would therefore be 16, room for an
additional 4 would be possible
ch) In response to a question, it was confirmed that one responsible,
designated person would be on duty on
the site at all times. It was added that
there would not be an official bar available - the intention would be drinks with food with
an honesty box in the lounge
for residents only. There would
not be any sale of alcohol after 11pm. Staff under 18 years of age would
not be selling alcohol.
d)
The letters received from the consultation period were acknowledged
Disappointment was expressed in that
the objectors were not present to express their observations and to respond to questions from the Sub-committee
dd)
In summarising the application, the applicant noted
·
The intention would be not to open an establishment that would sell
food late at night with a bar, but to extend the present licence to serve good food
of high standard for non-residents.
·
They were acknowledged on the
www.visitwales.com website; they
had won a number of awards and honours
- with all of this promoting the local economy
·
They would not be endangering their reputation
e)
The Sub-committee members retired from the Chamber to discuss the
application, considering all the evidence submitted. Specific attention was given to the Licensing
Act 2003
• Crime and Disorder
• Public Safety
• Preventing Public
Nuisance
• Protection of
Children from Harm
along with the guidelines of the Home Office and the Council's licensing
policy.
RESOLVED to approve the application
The Sub-committee considered all of
the applicant's comments that confirmed that the intention of the application was to allow the premises to provide alcohol with meals, instead
of from a bar, for non-residents. The Sub-committee received confirmation that entrance into
the honesty bar on the premises was limited to residents only. The Sub-committee also considered the applicant's certainty that a member of staff would be present when non-residents
would be present on site. Therefore,
the Sub-committee was satisfied
that the site would be appropriately supervised.
In addition, the Sub-committee gave appropriate consideration to the comments of
the interested parties that raised concerns
about the possible impact of allowing the approving on anti-social
behaviour, noise and traffic/parking
problems. Whilst the Sub-committee accepted that such concerns
could possibly be related to the licensing objectives of preventing crime and disorder,
preventing public nuisance and ensuring
public safety, no evidence of previous incidents were provided and
the interested parties were not present in the hearing to elaborate on their
concerns. Under the circumstances, the Sub-committee
was of the opinion that very little weight
could be attributed on these comments,
if at all.
The Sub-committee disregarded some observations on the basis that they
were not relevant, for example that there were enough licensed establishments
in the catchment area.
The Solicitor reported that
everyone present would receive formal confirmation of the decision by letter.
He also notified that they had the right to appeal the decision within 21 days
of receiving the letter.
Supporting documents: