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RESOLVED that a Premises Licence be granted, subject to the amended hours and conditions as set out below – LICENSABLE ACTIVITY DAYS APPLICABLE TIME FROM TIME TO Provision of Live Music (Indoors only) Monday – Sunday 09:00 23:30 Provision of Recorded Music (Indoors only) Monday – Sunday 09:00 23.30 Provision of Late Night Refreshment (Indoors) Sunday – Friday Saturday 23.00 23.00 23.30 00.30 Supply of Alcohol (for consumption on and off the premises) Sunday – Friday Saturday 09:00 09:00 23:30 00:30 *Hours that the premises will be open to the public Sunday – Friday Saturday 09.00 09.00 00.00 01.00 CONDITIONS As put forward by the Applicant and set out in Appendix C to the report – · all external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff · the external outdoor area shall only be used by customers until 23.00, with no customer use permitted after that time · no new customers shall be admitted to the premises after 23.00 ADDITIONAL CONDITION · the Premises Licence Holder shall maintain an open channel of communication with local residents and shall provide a direct means of contact for residents to report any issues arising from the operation of the premises. The contact details shall be made available to Licensing Officers upon request. The Chair conveyed the Sub Committee’s decision to all parties present, and the Legal Adviser reported on the reasons for the decision as follows – Members had carefully considered the application and representations submitted in this case and were satisfied that the licensing objectives were engaged. The Sub Committee had to adopt a realistic view on the proposed use of the premises and members were minded to grant the application as set out in the operating schedule subject to the amendments set out in Appendix C to the report which include the following conditions for the following reasons. Members welcomed the measures proposed by the Applicant during the mediation process. The Sub Committee, having regard to the representations, found that the Licensing Objective of ‘prevention of public nuisance’ was engaged by the application. Although the Sub Committee considered it was engaged, they found the reasons given by the objectors were warranted and the risk of a public nuisance arising out of noise nuisance did exist. However, members were satisfied that this could be mitigated with the additional condition of ‘All external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff.’ and by refusing the part of the application that requested live and recorded music Monday – Sunday from 23:30 – 01.00. In terms of the supply of alcohol, members sought to balance the requirements of the business, the concerns of neighbours and more generally the licensing objectives. Accordingly, members determined that it would be reasonable and proportionate to amend the hours to provide for the sale of alcohol between 9.00 – 23.30 Sunday to Friday and at 00.30 on a Saturday and late night refreshment between 23.00 – 23.30 Sunday to Friday and 00.30 on a Saturday, with the premises closing half an hour later. The Sub Committee considered it appropriate to accept the condition preventing the use of the external outdoor area beyond 23.00 as this would assist in promoting the licensing objectives as this would give the greatest risk of noise nuisance given the proximity to neighbouring residences. The Sub Committee also agreed that the condition to restrict the entry of any new customers beyond 23.00 was appropriate. The Sub Committee considered it was not appropriate to go any further than this. Members were satisfied that the representations regarding parking provision were matters that could be regulated through separate statutory regimes. Due to the concerns raised in representations and the link to the Public Safety and Prevention of Public Nuisance, members requested that the Applicant maintained an open channel of communication with residents and provided a means to which residents could communicate directly with the Applicant to report any issues, to be confirmed with Licensing Officers. In the circumstances the Sub Committee was satisfied that the licensing objectives, in particular the ‘prevention of public nuisance’ would be upheld in granting the application subject to the additional conditions described above. All parties had a right to appeal against the Licensing Sub Committee’s decision to the Magistrates’ court within twenty-one days. Members expressed concern regarding the current licensable activity ongoing on site and wished for the Applicant to note this. The meeting concluded at 3.50 pm.
Councillor Gwyneth Ellis was appointed Chair for the meeting. The Chair welcomed all parties to the meeting and all present were introduced. The hearing procedures had been circulated previously to all parties and copies of the Statement of Licensing Policy were made available at the meeting.
No declarations of interest were raised.
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RESOLVED that a Premises Licence be granted, subject to the amended hours and conditions as set out below – LICENSABLE ACTIVITY DAYS APPLICABLE TIME FROM TIME TO Provision of Live Music (Indoors only) Monday – Sunday 09:00 23:30 Provision of Recorded Music (Indoors only) Monday – Sunday 09:00 23.30 Provision of Late Night Refreshment (Indoors) Sunday – Friday Saturday 23.00 23.00 23.30 00.30 Supply of Alcohol (for consumption on and off the premises) Sunday – Friday Saturday 09:00 09:00 23:30 00:30 *Hours that the premises will be open to the public Sunday – Friday Saturday 09.00 09.00 00.00 01.00 CONDITIONS As put forward by the Applicant and set out in Appendix C to the report – · all external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff · the external outdoor area shall only be used by customers until 23.00, with no customer use permitted after that time · no new customers shall be admitted to the premises after 23.00 ADDITIONAL CONDITION · the Premises Licence Holder shall maintain an open channel of communication with local residents and shall provide a direct means of contact for residents to report any issues arising from the operation of the premises. The contact details shall be made available to Licensing Officers upon request. The Chair conveyed the Sub Committee’s decision to all parties present, and the Legal Adviser reported on the reasons for the decision as follows – Members had carefully considered the application and representations submitted in this case and were satisfied that the licensing objectives were engaged. The Sub Committee had to adopt a realistic view on the proposed use of the premises and members were minded to grant the application as set out in the operating schedule subject to the amendments set out in Appendix C to the report which include the following conditions for the following reasons. Members welcomed the measures proposed by the Applicant during the mediation process. The Sub Committee, having regard to the representations, found that the Licensing Objective of ‘prevention of public nuisance’ was engaged by the application. Although the Sub Committee considered it was engaged, they found the reasons given by the objectors were warranted and the risk of a public nuisance arising out of noise nuisance did exist. However, members were satisfied that this could be mitigated with the additional condition of ‘All external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff.’ and by refusing the part of the application that requested live and recorded music Monday – Sunday from 23:30 – 01.00. In terms of the supply of alcohol, members sought to balance the requirements of the business, the concerns of neighbours and more generally the licensing objectives. Accordingly, members determined that it would be reasonable and proportionate to amend the hours to provide for the sale of alcohol between 9.00 – 23.30 Sunday to Friday and at 00.30 on a Saturday and late night refreshment between 23.00 – 23.30 Sunday to Friday and 00.30 on a Saturday, with the premises closing half an hour later. The Sub Committee considered it appropriate to accept the condition preventing the use of the external outdoor area beyond 23.00 as this would assist in promoting the licensing objectives as this would give the greatest risk of noise nuisance given the proximity to neighbouring residences. The Sub Committee also agreed that the condition to restrict the entry of any new customers beyond 23.00 was appropriate. The Sub Committee considered it was not appropriate to go any further than this. Members were satisfied that the representations regarding parking provision were matters that could be regulated through separate statutory regimes. Due to the concerns raised in representations and the link to the Public Safety and Prevention of Public Nuisance, members requested that the Applicant maintained an open channel of communication with residents and provided a means to which residents could communicate directly with the Applicant to report any issues, to be confirmed with Licensing Officers. In the circumstances the Sub Committee was satisfied that the licensing objectives, in particular the ‘prevention of public nuisance’ would be upheld in granting the application subject to the additional conditions described above. All parties had a right to appeal against the Licensing Sub Committee’s decision to the Magistrates’ court within twenty-one days. Members expressed concern regarding the current licensable activity ongoing on site and wished for the Applicant to note this. The meeting concluded at 3.50 pm.
The Licensing Officer submitted a report by the Head of Planning, Public Protection and Countryside Services (previously circulated) upon – (i) an application having been received from Gamlins Law Solicitors on behalf of their client Lyons Holiday Parks Limited for a new Premises Licence in respect of Autograph – Lido Beach Holiday Park, Bastion Road, Prestatyn (Appendix A to the report); (ii) the Applicant having originally requested authorisation for provision of the following – LICENSABLE ACTIVITY DAYS APPLICABLE TIME FROM TIME TO Provision of Live Music (Indoors) Monday – Sunday New Years Eve to extend from the end of permitted hours on New Years Eve to the start of permitted hours on the following day 09:00 01:00 Provision of Recorded Music (Indoors) Monday – Sunday New Years Eve to extend from the end of permitted hours on New Years Eve to the start of permitted hours on the following day 09:00 01.00 Provision of Late Night Refreshment (Indoors) Monday – Sunday 23.00 01.00 Supply of Alcohol (for consumption both on and off the premises) Monday – Sunday New Years Eve to extend from the end of permitted hours on New Years Eve to the start of permitted hours on the following day 09:00 01:00 Hours that the premises will be open to the public Monday – Sunday 09.00 01.00 (iii) no representations having been received from any Responsible Authority; (iv) eighteen written representations having been received from Other Persons (local residents) in response to the requisite public notice (Appendix B to the report) relating primarily to noise, disturbance, potential anti-social behaviour, public safety and alcohol related nuisance; (v) a number of representations received having supported granting of the licence subject to amendments to the operating schedule including an earlier terminal hour and additional conditions to help address concerns; (vi) several representations having raised concerns regarding parking provision, highway congestion, traffic generation and the impact of additional vehicles which were generally matters regulated through separate regimes and not ordinarily matters for determination under the Licensing Act 2003; (vii) following receipt of the representations the Applicant’s Solicitor having provided further information regarding the proposed operation of the premises and additional measures to address concerns (Appendix C to the report); (viii) two other persons having withdrawn their representations based on the comments and proposals put forward by the Applicant following mediation, but no formal agreement having been reached with the remaining sixteen representations; (ix) the need to consider the application taking due account of Guidance and the Council’s Statement of Licensing Policy; other relevant legislation and relevant representations received, and (x) the options available to the Sub Committee when determining the application. The Licensing Officer summarised the report and facts of the case. APPLICANT’S SUBMISSION In attendance for the Applicant were Geoffrey Lyons Mound, represented by Counsel, Thomas McLoughlin of Linen Hall Chambers, and Peter Williams of Gamlins Solicitors. Counsel, Thomas McLoughlin, made it clear that the intention was not to operate the premises as a nightclub, but primarily as a restaurant, with the sale of alcohol being ancillary to that use. He referred to a number of matters raised by objectors and outlined the measures that would be put in place to address them. In brief – · parking was already available on site, and works had been undertaken to provide additional parking spaces, as shown on the plans submitted · a sophisticated CCTV system was already installed and actively monitored, with additional security and staff proposed during evening operating hours · an additional fifteen members of staff would be retained during operational periods. All staff would receive appropriate training and refresher training every twelve months. Staff would ensure the site remained clean and tidy and would be available to deal with any incidents of disruption or noise should they arise · neither North Wales Police nor the Council’s Environmental Health Section had objected to the application, and the Applicant would continue to work closely with both authorities in the operation of the premises. Reference was also made to the measures proposed to promote the licensing objectives, as detailed in the operating schedule and set out in Appendix C to the report. A summary of those measures was provided as follows – Prevention of Crime and Disorder Additional staff would be employed for special events, and training would be provided to ensure staff were equipped to deal appropriately with patrons and minimise the risk of crime and disorder. Training records would be maintained and made available for inspection. The premises would operate primarily as a family restaurant serving those on site and residents in the surrounding area. Public Safety A comprehensive Health and Safety Policy applied across the site to ensure compliance with all relevant health and safety requirements. Customers would not be permitted to take open containers from the premises, and toughened glass would be used to promote safety. CCTV would be actively monitored, incidents reported, and recordings retained. Prevention of Public Nuisance Additional cleaning staff would be employed to keep the area clean and tidy, and notices would be displayed prominently throughout the premises requesting that customers respect local residents and leave the area quietly. Prevention of Children from Harm Young persons under the age of 18 would be required to be accompanied by an adult whilst on the premises. A Challenge 25 policy would be implemented and enforced, and all staff would receive training in relation to the sale of alcohol. An incident and refusals register would be maintained and made available for inspection. The Applicant and their representatives responded to members' questions as follows: · food would be available to order until 21:00 · the operation of the food premises would be driven by demand and would likely function more as a café during the day and as a restaurant during the evening · no record had been found of any covenant affecting the site which prohibited the sale of alcohol · the application for a licence until 01:00 was intended as a "belt and braces" approach. The primary intention was to serve food until 21:00, subject to demand, whilst also allowing for occasional special events throughout the year where catering was required and advertised in advance. Such events might include owners' events, cheese and wine evenings, anniversaries and birthday celebrations with buffet-style food, rather than large-scale commercial events · the capacity of the premises was around 75 persons. The site plan illustrated the size of the premises, and there were approximately 1,000 residents on site. It was difficult to gauge the proportion of families and residents who would utilise the premises, although the facility could potentially be open to local residents · the site licence permitted operation for approximately ten and a half months of the year, usually between 1 March and 10 January · capacity would be monitored in the same manner as at other licensed premises, and staff would receive appropriate training · formal noise monitoring was not proposed at this stage, with staff instead responsible for monitoring and managing noise levels. There was no intention to play loud music, only background music, with live music or performances limited to occasional events held within the premises. The premises was fully air-conditioned and windows would remain closed to minimise noise breakout · a nearby licensed premises operated until 23:30 during the week and until 00:00 at weekends. The application for licensable activities until 01:00 was made to provide flexibility for occasional special events · no new entrants would be admitted to the premises after 23:00 · whilst special events could alternatively be authorised under a Temporary Event Notice, these were limited to fifteen occasions per calendar year and required statutory notice, which could restrict the ability to accommodate family events arranged at short notice as part of the holiday resort's service provision. REPRESENTATIONS FROM OTHER PERSONS Eighteen written representations had been received (Appendix B to the report) from local residents, raising concerns primarily relating to noise, disturbance, potential anti-social behaviour, public safety and alcohol related nuisance. Three individuals who had submitted representations were in attendance and addressed the Sub Committee in support of their written submissions – Councillor Jon Harland (Representation 1), Ms. Diane Davies (Representation 17) and Mrs. Christine Jones (Representation 18). Ms. Davies explained that her property was in close proximity to the site and expressed concern regarding the proposed late opening hours for special events. She referred to the Applicant’s comments that extended hours could be required for events such as birthdays and anniversaries which may be booked at short notice. Clarification was sought as to whether such events could be arranged without prior notification and concerns raised that this could result in special events taking place on a regular basis. She stated that noise from the site on Saturdays had, at times, been ‘deafening’ within her property and considered the proposals would lead to increased activity over seven days a week and for extended periods of time. She further expressed concern that the impact would not be limited to activity within the building but would also affect the area outside the site. Mrs. Jones added that noise from live outdoor music events had been clearly audible from her property and described the volume as ‘deafening’. She stated that performers had been outside and events had taken place throughout the year. Ms. Davies further commented that when planning permission for the development had originally been sought, proposals included a new reception area, laundry and café. The application documentation had not indicated that entertainment or live entertainment would form part of the site’s activities. Councillor Jon Harland addressed the Sub Committee in his capacity as a resident and explained that he lived approximately 100 metres from the clubhouse. He advised that the clubhouse was located in a densely populated area and the 01.00 licensing hours were not in keeping with other businesses in the area. Councillor Harland had previously called on the Council’s Environmental Health Section to undertake noise monitoring due to the loud noise from outdoor events at the site under its former ownership. He accepted the current owners were not responsible for those incidents and expressed respect for the business as a significant local employer. However, residents of the nearby Glan Mor estate already experienced disturbance from visitors entering and leaving the site late at night and he suggested that measures to mitigate the impact should be considered. Some resident-owners on site had also expressed concerns regarding the proposed late licensing hours, indicating they preferred a quieter environment. He believed that permitting the licence until 01.00 would attract more late-night patrons and increase alcohol-related disturbance. The Applicant’s proposals regarding security, management and monitoring arrangements were measures that would reasonably be expected of site operators and he believed that late hours could nevertheless result in increased activity and noise, impacting nearby residents. In closing, Councillor Harland emphasised the close proximity of the clubhouse to surrounding residential properties and reiterated concerns that a licence permitting activities until 01.00 could create a focal point for late night drinking in a densely populated residential area, resulting in further disturbance for local residents. Members sought clarification regarding concerns raised by Ms. Davies and Mrs. Jones about noise levels associated with outdoor events at the site. Ms. Davies advised that the events in question had taken place under the current ownership and typically occurred over weekends. Outdoor music performances were regularly held on Saturdays and, on occasion, extended from Friday to Sunday. Ms. Davies stated that she lived less than 20 metres from the main building and the volume of the music was such that, even with doors and windows closed, it was difficult to comfortably watch television without increasing the volume. She voiced concern over the impact of the noise on her ability to enjoy her home. The Applicant responded that the activities referred to involved an afternoon singer performing for patrons on Saturdays, generally starting around 2pm. It was the first occasion on which concerns regarding those performances had been brought to his attention and described the activity as outdoor entertainment for visitors to the site. Licensing Officers confirmed that there was currently no permission in place for regulated entertainment at the site. Ms. Davies further advised that no formal complaint had previously been made because local residents had not been aware that the Council could undertake noise monitoring within residential properties. She added that residents had been reluctant to raise concerns due to a perception that their complaints might not be acted upon. APPLICANT’S FINAL STATEMENT Counsel for the Applicant, Thomas McLoughlin, responded to the issues raised during the hearing. In relation to events taking place between Friday and Sunday, the intention would be to accommodate such events where possible subject to capacity and suitability. With regard to previous complaints associated with the premises, Mr. McLoughlin drew a distinction between the previous and current ownership. Whilst complaints had arisen under the former ownership, there had been no such complaints under the present ownership, which demonstrated the current operator’s commitment to ensuring an appropriate balance was maintained and compliance with all relevant requirements. The absence of objections from North Wales Police, Council’s Environmental Health Section and other responsible authorities highlighted the difference between the current management and previous operator. It was also emphasised that the application did not relate to a new development in the area, but to an established business that had been operating for a long period of time. Addressing concerns regarding noise, Mr. McLoughlin acknowledged the representations made and advised that the provision of entertainment on site could assist in reducing noise impacts elsewhere. Providing facilities and entertainment on site would enable guests to remain within the managed environment rather than traveling to alternative venues, thereby allowing staff to monitor and supervise behaviour more effectively. While the operators could exercise control over activity taking place, they had no authority over individuals once they had left the premises. In response to concerns about the sale of alcohol under a late licence, Mr. McLoughlin advised that it was not the intention to attract customers from other venues. No new admissions would be permitted after 23.00 to prevent individuals who had been drinking elsewhere from attending the premises late at night. The purpose of the application was to cater for those already present on the site prior to 23.00 rather than attract additional customers from outside the premises. The Chair asked whether any procedures existed for communication with local residents and the wider community. The Solicitor representing the Applicant confirmed that no such arrangements were in place. ADJOURNMENT TO CONSIDER THE APPLICATION At this juncture (2.50 pm) the Licensing Sub Committee adjourned to consider the application. DECISION AND REASONS FOR THE DECISION RESOLVED that a Premises Licence be granted, subject to the amended hours and conditions as set out below – LICENSABLE ACTIVITY DAYS APPLICABLE TIME FROM TIME TO Provision of Live Music (Indoors only) Monday – Sunday 09:00 23:30 Provision of Recorded Music (Indoors only) Monday – Sunday 09:00 23.30 Provision of Late Night Refreshment (Indoors) Sunday – Friday Saturday 23.00 23.00 23.30 00.30 Supply of Alcohol (for consumption on and off the premises) Sunday – Friday Saturday 09:00 09:00 23:30 00:30 *Hours that the premises will be open to the public Sunday – Friday Saturday 09.00 09.00 00.00 01.00 CONDITIONS As put forward by the Applicant and set out in Appendix C to the report – · all external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff · the external outdoor area shall only be used by customers until 23.00, with no customer use permitted after that time · no new customers shall be admitted to the premises after 23.00 ADDITIONAL CONDITION · the Premises Licence Holder shall maintain an open channel of communication with local residents and shall provide a direct means of contact for residents to report any issues arising from the operation of the premises. The contact details shall be made available to Licensing Officers upon request. The Chair conveyed the Sub Committee’s decision to all parties present, and the Legal Adviser reported on the reasons for the decision as follows – Members had carefully considered the application and representations submitted in this case and were satisfied that the licensing objectives were engaged. The Sub Committee had to adopt a realistic view on the proposed use of the premises and members were minded to grant the application as set out in the operating schedule subject to the amendments set out in Appendix C to the report which include the following conditions for the following reasons. Members welcomed the measures proposed by the Applicant during the mediation process. The Sub Committee, having regard to the representations, found that the Licensing Objective of ‘prevention of public nuisance’ was engaged by the application. Although the Sub Committee considered it was engaged, they found the reasons given by the objectors were warranted and the risk of a public nuisance arising out of noise nuisance did exist. However, members were satisfied that this could be mitigated with the additional condition of ‘All external doors and windows shall remain closed during the provision of live or recorded music, except for the immediate access and egress of patrons and staff.’ and by refusing the part of the application that requested live and recorded music Monday – Sunday from 23:30 – 01.00. In terms of the supply of alcohol, members sought to balance the requirements of the business, the concerns of neighbours and more generally the licensing objectives. Accordingly, members determined that it would be reasonable and proportionate to amend the hours to provide for the sale of alcohol between 9.00 – 23.30 Sunday to Friday and at 00.30 on a Saturday and late night refreshment between 23.00 – 23.30 Sunday to Friday and 00.30 on a Saturday, with the premises closing half an hour later. The Sub Committee considered it appropriate to accept the condition preventing the use of the external outdoor area beyond 23.00 as this would assist in promoting the licensing objectives as this would give the greatest risk of noise nuisance given the proximity to neighbouring residences. The Sub Committee also agreed that the condition to restrict the entry of any new customers beyond 23.00 was appropriate. The Sub Committee considered it was not appropriate to go any further than this. Members were satisfied that the representations regarding parking provision were matters that could be regulated through separate statutory regimes. Due to the concerns raised in representations and the link to the Public Safety and Prevention of Public Nuisance, members requested that the Applicant maintained an open channel of communication with residents and provided a means to which residents could communicate directly with the Applicant to report any issues, to be confirmed with Licensing Officers. In the circumstances the Sub Committee was satisfied that the licensing objectives, in particular the ‘prevention of public nuisance’ would be upheld in granting the application subject to the additional conditions described above. All parties had a right to appeal against the Licensing Sub Committee’s decision to the Magistrates’ court within twenty-one days. Members expressed concern regarding the current licensable activity ongoing on site and wished for the Applicant to note this. The meeting concluded at 3.50 pm.
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