Y
LLANGOLLEN. HIGH STREET, BETHESDA, GWYNEDD, LL57 3AN
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.
On behalf of
the premises: Mr Joseph Barrett
(applicant)
Local Member: Councillor
Ann Williams (Ogwen)
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 Y Llangollen, Bethesda in
relation to the supply of alcohol and playing recorded music on the premises.
It was highlighted that the premises had a licence in
the past, and the licence was surrendered by Punch Taverns (the owners at the
time) in November 2015. Previously, the licensed activities included live music
as well as recorded music.
Attention was drawn to details of the proposed hours
noted in the report along with the difference in the licensable activities
compared to the previous licence.
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 the Local Member and Bethesda Town
Council was supportive of the application, but that 18 letters had been
received objecting to the application based on the licence objectives of
preventing public nuisance and preventing crime and disorder. It was
highlighted that all objectors referred the basis of their concerns to
anti-social behaviour of the customers and public nuisance matters such as
noise and litter, noting that a number of problems had arisen in the past when
the premises was under other ownership and management.
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:
·
There had been historical
problems with the establishment over the past five years
·
He had invested and focused
on changing the establishment's outlook by refurbishing the tavern and moving
the pool tables, the dart board and the juke box from the premises in order to
create a restaurant
·
10 members of staff would
be employed (local)
·
The closing hours would
allow the premises to control orderly departures of people so that crowds would
not gather on the street at the end of the night
·
It was intended to create
eight bedrooms with a bathroom each above the premises as a hotel - this would
create four additional part-time jobs
ch) In response to a
question, the applicant confirmed that he had agreed to the recommendations of
the Police and that CCTV along with appropriate recording equipment had been
installed on the premises. With regards to the smoking area, he noted that a
hallway was being built to the rear of the building to decrease noise when
going in and out of the smoking area. It was also noted that the ashtrays had
been upgraded and there were no plans to extend the smoking area.
d)
Taking advantage of
the right to speak, Councillor Ann Williams (Local Member and Bethesda
Community Council representative) made the following comments:
·
The intention was to create
a restaurant aimed at a different customer to a tavern customer
·
There was no intention to
play live music - background music only (less noise)
·
Real need for businesses on
Bethesda High Street
·
Y Llangollen was an asset
to the High Street
·
No complaints had been
received from the Local Member or Community Council
·
A substantial investment
was made to the enterprise
·
Very supportive of the
enterprise
dd)
The letters received from the consultation period were acknowledged
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.
Disappointment was expressed in that the objectors
were not present to express their observations and to respond to questions from
the Sub-committee. In response to a question regarding the form of the
objections, that is, that the content and form of every letter was consistent,
the Solicitor highlighted there were no restrictions to submit a petition, but
that the Sub-Committee had to consider the substance of the evidence that was
being presented.
In response to a question, the Local Member noted that
she had read the objections and she confirmed that one of the objectors had
phoned her, concerned about the closing hours. In regards to the comment about
beer cans, it was highlighted that beer cans were not sold at Y Llangollen.
e) In summarising
his application, the applicant noted that keeping a restaurant was the main aim
- running the premises as a rural tavern with a restaurant and residential
rooms, and not encourage people to come there to drink. He also confirmed that
he was the owner of the tavern next door.
f)
In considering the
application, all of the evidence submitted was considered. 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 subject to recommendations
by the Police
The licence was given as follows:
1.
Licenced activities and
hours in accordance with the application
2.
That the issues included in
section M of the application were included as conditions on the licence.
3.
That the conditions
recommended by the Police in relation to CCTV should be incorporated in the
licence.
The Sub-committee gave appropriate consideration to
the comments of the interested parties that lived in Glanrafon
Street and Bethesda High Street. The local residents raised concerns about
possible impact of allowing the licence, on drunk and anti-social behaviour,
litter and noise. It was accepted that
such concerns were relevant to all of the four licensing objectives, but the
Sub-committee did not receive any details of incidents / problems in the past
in terms of dates, times, nature, frequency etc. of the period that the
premises had a licence. Without such information, there was no means for the
Sub-committee to decide whether allowing the licence would likely lead to more
problems that would undermine the licensing objectives.
The sub-committee noted that the comments of the
objectors followed the same forms, raising doubts whether the comments were
valid ones or a campaign tailored into a series of comments. As the interested
parties were not present in the hearing to elaborate on their concerns, the
Sub-committee felt that very little pressure could be attributed to these
comments.
Briefly, the Sub-committee was satisfied that the
application, along with the CCTV conditions recommended by the Police, was in
accordance with the licensing objectives.
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.
Supporting documents: