Agenda item
APPLICATION FOR A PREMISES LICENCE - DISCOVERY CENTRE, LLANELLI
Minutes:
The Legal Services Manger briefed all present on the procedure for the meeting and advised the Sub-Committee that an application had been received for the grant of a Premises Licence in respect of The Discovery Centre, North Dock, Llanelli SA15 2LF to permit:-
· Supply of Alcohol - Monday to Sunday 09:00-23:00;
· Opening Hours - Monday to Sunday 08:00-00:00
The Sub-Committee noted that the following documentation was attached to the report:
· Appendix A – Copy of the application
· Appendix B – Representations submitted by the Dyfed Powys Police
· Appendix C – Representations submitted by other persons
The remaining Responsible Authorities had not made representations in respect of the application.
The Sub-Committee considered the documents submitted, and all relevant written representations received before the hearing from the parties.
The Sub-Committee was advised that Dyfed Powys Police had made representations in relation to the application, however, agreement had since been reached between both parties.
At this point the Sub-Committee and applicant were afforded the opportunity of asking questions.
The applicant thereupon addressed the Sub-Committee and advised that:-
- The reasons for seeking a premises licence were for the purposes of providing customers with a relaxed environment to enjoy an alcoholic beverage with champagne breakfasts/afternoon teas/ evening snacks etc within an up market location. The premises would be operated on a family friendly basis catering for a wide clientele. As that custom was highly valued, she would not wish to jeopardise that by changing the business emphasis to another drinking establishment. In that regard, she would not tolerate any unruly behaviour and alcohol prices would be at a premium price to prevent such a position developing.
- In addition, their plans would be for the premises to be available for celebrations and other special functions with alcohol only being supplied with food.
- It was explained to the Sub-Committee that if they were unable to sell alcohol it would make the business less viable.
- The applicant explained that when they took over Langland Brasserie there was an improvement in the area and that they rarely have any problems in last 9 years. Therefore, believed that the objector was unrealistic in his objections.
- In addition, the applicant strongly believed that by taking over the premises would improve that part of Llanelli.
- The applicant confirmed that she accepted and would implement the police licence conditions.
All parties present were afforded the opportunity of questioning the applicant on her submission.
- In response to a
query regarding the capacity of the premises, the applicant stated
that the premises had a total maximum capacity of 200 people at any
one time. This included a capacity of
80 on the ground floor, 1st floor capacity of 70, and
the function room on the top floor a capacity of 40-50.
- The applicant, in response to a query stated that the business would offer premium alcoholic beverages by providing a nice environment for all clientele including families. In addition, they would manage the serving of alcohol in a professional manner.
- In respect of the nearby cycle path, the applicant stated that the business would be open to cyclists and other path users and would provide a safe location for the storage of bikes as customers.
The Sub-Committee received an oral representation from a neighbour of the applicants business ‘Langland Brasserie’ in support of the application:
- The supporter explained that the Langland Brasserie was a popular establishment and was professionally managed by the applicant. He also confirmed that he had never seen the police be in attendance at the premises.
All parties present were afforded the opportunity of questioning the supporter on his submission.
The Sub-Committee did not receive any oral representation from the objector as they were not in attendance.
UNANIMOUSLY RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12 to the Local Government Act.
Following the adjournment, the Sub-Committee reconvened to advise of its decision and, having regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the guidance issued by the DCMS and the Home Office, it was
RESOLVED that having considered all the evidence before it, the sub-committee finds that the application should be granted subject to the licence conditions agreed between the applicant and police.
REASONS
In coming to its decision, the Sub-Committee has made the following findings of fact;
1. No evidence has been presented of alcohol related crime and disorder at, or in the vicinity of, the premises.
2. The applicants were experienced in operating this type of premises as they run a similar business in Swansea.
3. No evidence had been presented to suggest that the running of that business undermines the licensing objectives.
4.
The applicant and police have agreed a set of
conditions which they consider appropriate to add to the licence in
order to promote the licensing objectives.
5. None of the responsible authorities have objected to the granting of the licence.
The Sub-Committee has attached weight to the views of the responsible authorities.
The Sub-Committee recognises that its decision must be based upon real evidence, and that concerns and fears about what might happen if a licence were granted, where unsupported by such evidence, are not matters which they can properly take into account.
Whilst the Sub-Committee does not doubt that Mr Powles concerns were genuine, the Sub-Committee had not been presented, either by Mr Powles or any other person, with real evidence that supports those concerns. Similarly, issues relating to the ‘need’ for alcohol premises were not matters that the Sub-Committee could take into account.
The Sub-Committee had not been presented with any evidence which suggested that the professional view of the police regarding this application was incorrect or should be departed from.
Accordingly the Sub-Committee found that it was appropriate to grant the application, subject to the licence conditions agreed between the applicant and police and that this course of action was a proportionate one bearing in mind all the facts of the case.
Supporting documents:
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