La Cabana, 2 Mitre Place, Pwllheli
To consider the above application
Minutes:
1.
APPLICATION FOR PREMISES LICENCE - LA CABANA, 2
MITRE TERRACE, PWLLHELI
The panel and the officers were introduced to everyone who was present and
it was announced that everyone had up to 10 minutes each to share their observations
on the application.
On behalf of the premises: Mr Ayoub Dohech (applicant) and Ms Nia Jones
Others invited: Ian
Williams (North Wales Police), Heather Jones (Fire Service) and Kevin Jones
(the owner of a nearby business).
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 La Cabana, 2 Mitre Terrace, Pwllheli in relation to
providing hot and cold food on and off site.
Attention was drawn to the proposed hours in the report. 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
one letter had been received objecting to the application based on the
licensing objective of preventing crime and disorder. Attention was drawn to
the observations submitted by North Wales Police. It was noted that discussions
had been held with the applicant and an agreement had been made to change the
application to reduce the hours of late night refreshments and opening hours to
02:00 on Friday and Saturday nights. It was also noted that the applicant had
agreed to specific conditions in relation to CCTV.
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:
·
Extensive discussions had been held with the Police
and the Fire Service to discuss and anticipate solutions to concerns
·
Saw the property as an
opportunity to make business
·
A nearby nightclub was open until 2:30 - did not
want to serve food beyond this time therefore it was agreed to close the
property at 2:00 in order to ensure that people did not congregate in one place
·
Lived on the High Street
and therefore would not want to see any damage to nearby buildings
·
There was an intention to
clear up any mess
ch)
In response to a question regarding
how they were going to ensure that they closed on time, it was noted that the
applicant had a SIA licence (Security Industry Authority). It was reiterated
that it would be possible to employ another member on the door if needed - it
was a matter of assessing the situation as the business would develop.
d)
An Officer from the Police confirmed that North
Wales Police had discussed the application with the applicant before the
application was submitted and an agreement had now been reached to close at 2:00
on Friday and Saturday, which was consistent with the opening hours of similar
premises. It was also highlighted that the applicant:
·
Was prepared to accepts comments and for CCTV
conditions to be included on the licence.
·
In the context of door supervisors, due to the size
of the property, one would be sufficient.
·
Litter agreements had been
agreed
·
The applicant refused to let noise and disorder
have an impact on nearby residents and businesses.
·
There had been good collaboration with the
applicant and the police and therefore, the Police had no objection to the
application.
dd)
The consultees present at the
meeting took advantage of the opportunity to elaborate on their objections to
approving the licence and they reiterated the observations that had been
submitteed by letter.
·
There had been historical
problems with the premises
·
It was anticipated that problems with damage and
creating a mess in the street would start again
·
He did not want to restore
and pay for new window glazing regularly - concerned about the impact on his
business
·
People would congregate outside the restaurant,
creating noise and disorder
e)
In summarising his
application, the applicant noted that it was not his intention to create
problems, mess and damage.
f)
In considering the application,
the Sub-committee considered the Licensing Officer's report, the application
form, the written observations that had come to hand from the interested
parties, and the verbal observations presented by all parties present at the
hearing. The Sub-committee was also requested to consider the Council's
Licensing Policy, the guidance of the Home Office and the principles of the
Licensing Act 2003.
Crime and Disorder
• Public Safety
• Preventing Public
Nuisance
• Protection of
Children from Harm
RESOLVED - to
approve the application subject to proposed recommendations agreed upon between
the Police and the applicant in terms of CCTV and opening hours
A licence was issued as follows:
1.
Late night refreshment provision to eat on and off
site will be permitted Monday to Thursday between 23:00 and 01:00, from Friday
to Saturday between 23:00 and 02:00, and on Sunday between 23:00 and 01:00.
2.
Late night refreshment provision to eat on and off
site will be permitted between 23:00 and 02:00 on Sunday nights before bank
holiday Mondays.
3.
Opening hours for the public from Monday to
Thursday between 11:00 and 01:00, from Friday to Saturday between 11:00 and
02:00, and on Sunday between 11:00 and 01:00.
4.
Opening hours for the public on Sundays before bank
holiday Mondays between 11:00 and 02:00.
5.
The matters included in section M of the
application (i.e. the operating schedule) were included as conditions on the
licence.
6.
The conditions suggested by the Police in terms of
CCTV will be added as conditions on the licence.
In considering the
concerns of a nearby business owner, the licence would mean an increase in
people gathering in the vicinity late at night, which would lead to an increase
in litter and a risk of criminal damage to his own business. The Sub-committee
accepted that in principle, litter could be relevant to the objective of
preventing public nuisance. The Sub-committee also accepted that criminal
damage could be relevant to the objective of preventing crime and disorder.
However, no
evidence was received that issuing the licence would lead to litter problems or
criminal damage. The concerns noted were only theoretical. The Sub-committee
also noted that although there were a number of other businesses in the area,
they had not submitted observations objecting to the application. It was also
noted that the Police did not object to the application. If issuing the licence
was likely to lead to a litter problem or criminal damage, the Sub-committee
would have expected objections from the Police and others.
It was also noted
that other licensed establishments in the area was open late, and no evidence
had come to hand that the existence of these licenses had led to crime and
disorder problems or public nuisance in the centre of Pwllheli.
Under the circumstances,
the Sub-committee was satisfied that the application, subject to proposed
conditions agreed upon between the Police and the applicant in terms of CCTV
and opening hours, was completely in-keeping 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: