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Licensing Sub-Committee B - Tuesday, 15th October, 2024 2.00 pm

October 15, 2024 Licensing Sub-Committee B View on council website Watch video of meeting

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The Licensing Sub-Committee B of Carmarthenshire Council met on Tuesday 15 October 2024 to consider an application for a premises licence for Green Grove Farm in Llangadog. After hearing representations and deliberating, the sub-committee unanimously resolved to grant the licence, subject to conditions proposed by Public Health Services.

Application for Premises Licence at Green Grove Farm, Llangadog

The sub-committee considered an application from Green Grove Barns Partnership for a premises licence for Green Grove Farm, Llangadog SA19 9AS. The licence would permit the supply of alcohol from 10:00 to 01:00, live music, recorded music, and performances of dance from 10:00 to 00:15, and late-night refreshment from 23:00 to 01:00, all Monday to Sunday.

Before the hearing commenced, Counsel Mr F. Lewendon, representing an interested party, applied for an adjournment of the hearing until after the applicant's ongoing planning application had been determined. However, the sub-committee unanimously resolved to reject this application. The reasons provided were that the sub-committee was satisfied it had sufficient evidence, that planning and licensing regimes are separate, that an adjournment would cause significant prejudice to the applicants due to previous delays, and that determining the licensing application would not prejudice the planning application.

The sub-committee then proceeded to consider the substantive application. Representations were received from the Licensing Authority, Public Health Services, and other persons, including Morgan La Roche Solicitors on behalf of their client, Gasallt Fawr Camphill Centre.

The Licensing Authority representative noted that while they had initially made representations, these were amended after Public Health Services no longer objected. They confirmed that 18 Temporary Event Notices (TENs) had been issued for events at the premises since the application was received, and no complaints had been lodged. The representative concluded that granting the licence would not undermine the licensing objectives.

Mr. Aled Morgan, an Environmental Health Practitioner from Public Health Services, explained that his department had initially objected due to a noise complaint received in June 2023 and subsequent noise monitoring. However, after further site visits and noise monitoring, incremental improvements were observed. On 27 April 2024, only slight noise was heard, and objectors' staff confirmed no residents were disturbed. Based on these observations and a lack of further complaints, Public Health Services had withdrawn their objection.

Representations were also heard from Mr. Lewendon, Counsel for Glasallt Fawr Camphill Centre. He argued that granting the licence would adversely affect the licensing objectives and the nature of his client's premises, which provides 24-hour care for adults with learning disabilities. He highlighted the importance of the location's quiet and peaceful nature and raised concerns about the impact of noise and other disturbances on the residents' sensitivities, potentially leading to equality issues and safeguarding concerns. Mr. Lewendon questioned the effectiveness and enforcement of proposed control measures, particularly for outdoor activities.

Ms. Andrea Bennett, Chief Executive of Glasallt Fawr, responded to these concerns, stating that while the large event in 2023 was a primary concern, some recent events had also caused distress and disruption to residents, affecting them approximately 60% of the time. She confirmed she had not made any noise complaints to Public Health Services since June 2023.

The applicants, Mr. Carwyn Rees, Huw Rees, and Peter Rees of Green Grove Farm, addressed the sub-committee. They acknowledged the needs of the residents at Glasallt Fawr and confirmed the implementation of proposed control measures. They detailed the extensive noise mitigation works undertaken since the initial event caused problems, explaining that customers would only access external areas to the southwest of the building, and there would be no bar outside. They also confirmed that a further noise report had been commissioned and shared with Public Health Services.

Following legal advice, the sub-committee unanimously resolved to grant the premises licence for Green Grove Farm, Llangadog, SA19 9AS. The decision was made subject to the licence conditions proposed by Public Health Services and accepted by the applicants. The sub-committee found that none of the Responsible Authorities recommended refusal, and the applicants had accepted the control measures put forward by Public Health Services. They noted the close proximity of the licensed premises and Glasallt Fawr, the latter being a residential care centre. Crucially, no complaints of noise nuisance had been received when the premises recently carried out licensable activities under Temporary Event Notices. While evidence was presented that residents had been affected by some recent events, no concerns had been expressed to the applicants or responsible authorities at the time. The sub-committee gave preference to the evidence of Mr. Aled Morgan over written expert reports, finding his professional opinion credible and compelling, and concluding that the proposed control measures were sufficient to promote the licensing objective of preventing public nuisance. They also noted that the objective of promoting public safety related to safety within the licensed premises, not adjoining ones. The sub-committee deemed the decision proportionate to the issues presented.

Attendees

Profile image for Cllr. Elwyn Williams
Cllr. Elwyn Williams Plaid Cymru Llangunnor
Profile image for Cllr. Dot Jones
Cllr. Dot Jones Chair of Council Unaffiliated - Independent Llannon
Profile image for Cllr. Hefin Jones
Cllr. Hefin Jones Plaid Cymru Llanfihangel Aberbythych
Profile image for Cllr. Jean Lewis
Cllr. Jean Lewis Plaid Cymru Trelech
Profile image for Cllr. Kevin Madge
Cllr. Kevin Madge Welsh Labour Garnant
Profile image for Cllr. Dorian Phillips
Cllr. Dorian Phillips Plaid Cymru Llanboidy
Profile image for Cllr. Louvain Roberts
Cllr. Louvain Roberts Unaffiliated - Independent Glanymor
Eira Evans
Daniel Hall-Jones
Aled Morgan
Janine Owen
Siwan Rees

Topics

Licensing objectives Morgan La Roche Solicitors Public nuisance Premises licence Green Grove Barns Partnership Glasallt Fawr Camphill Centre Carmarthenshire Council Temporary Event Notices (TENs) Green Grove Farm premises licence application

Meeting Documents

Agenda

Agenda frontsheet 15th-Oct-2024 14.00 Licensing Sub-Committee B

Reports Pack

Public reports pack 15th-Oct-2024 14.00 Licensing Sub-Committee B

Minutes

Printed minutes 15th-Oct-2024 14.00 Licensing Sub-Committee B

Additional Documents

Appendix A
Appendix B
Appendix C
Appendix D
Summary