Minutes of a meeting held on 15th December, 2014.
Present: Councillors P.J. Clarke, J.W. Thomas and Mrs. M.R. Wilkinson.
Also present: Licensing Officer (Vale of Glamorgan Council).
(a) Appointment of Chairman -
Councillor J.W. Thomas was elected Chairman for the duration of the hearing.
(b) Declarations of Interest -
No declarations were received.
(c) Licensing Act 2003 - Application for the Variation of a Premises Licence - Oystercatcher, Terra Nova Way, Penarth -
The papers for consideration at the meeting contained a copy of the procedure to be followed at the Licensing Sub-Committee hearing and those present were advised of this by the Assistant Democratic Services Officer. Copies of the agenda were also made available for those in attendance.
Mr. A. Daniels, (Designated Premises Supervisor (DPS)), Mr. D. Stallard (Representative of Greene King Retailing Ltd.).
In presenting the report the Licensing Officer advised that an application had been received to vary the Premises Licence as follows:
to permit opening, and the retail sale of alcohol, daily from 9.00 a.m.
to remove the conditions of the previously held Public Entertainment Licence
to remove the condition that 'Children shall be permitted only in the dining area except for access’, and replace with 'All children must be accompanied by a responsible adult’.
The relevant parts of the application form were attached at Appendix B to the report.
The Licensing Officer informed the hearing that no representations had been made by any of the Responsible Authorities in regard to the application and five representations had been received from 'Other Persons’ during the consultation period. These representations concerned the requested amendment of the licence condition regarding children on the premises and were attached to the report at Appendix C.
The Licensing Officer advised that the Public Entertainment Licence conditions had been removed by a variation of the Premises Licence in June 2007.
Following the presentation of the Licensing report the Chairman confirmed with the Applicants that they accepted that the Public Entertainment Licence conditions had already been removed from the licence in 2007, which they duly accepted and advised that there had been no representations received in regard to the timings requested in the application.
The Chairman provided the Applicants with an opportunity to present their representations and Mr. Daniels, Designated Premises Supervisor (DPS) for the premises, advised that the premises was a family-friendly pub and had taken it over approximately 7 months ago. He further informed the hearing that the area in question, near the bar, would be used simply as a holding area for customers including children when the restaurant area of the premises was full, and advised that he did not want children regularly in the bar area. Mr. Stallard, representing Greene King Retailing Ltd., advised that Greene King had held the licence for 10 years and the premises had good locals. He further advised that it was a very busy business and they had previously tried to extend the premises, however, this had not happened and at times they had had to turn customers away due to limited space.
Following the representations from the Applicants, the Chairman advised that they would take the representations from the 'Other Persons’ into consideration when deliberating and asked the Applicants if they were able to provide any further information in relation to the gaming machines at the premises. In response, Mr. Daniels advised that there were a couple of gaming machines in the bar area, the use of which was restricted to over 18s. It was confirmed that these machines were visible from the bar in order that the use of them could be policed.
The Chairman provided the Applicants with the opportunity to sum up. They informed the Committee that Saturday and Sunday afternoons were their busiest times and it was confirmed that the bar area would remain an over 18s area and that there was signage in the area to advise of this. Mr. Daniels confirmed that the area in question would only be used as a holding area for customers, some with children, whilst they were waiting for a table to become available in the restaurant area of the premises. Following the representations and there being no further questions, the Licensing Sub-Committee considered the application in private.
The Chairman informed the hearing that following consideration of the application, the representations from 'Other Persons’ and having considered the Home Office Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Sub-Committee
(1) T H A T the application be granted as applied for, as detailed below:
Sale of Alcohol on and off sales
Monday to Sunday - 9.00 a.m. to 12:00 a.m.
Monday to Sunday - 9.00 a.m. to 12:30 a.m.
(2) T H A T the licence condition, 'Children shall be permitted only in the dining area except for access’ be removed and replaced with 'all children must be accompanied by a responsible adult.’
Reasons for decision
To take into account the representations made by the 'Other Persons’ and those made by the Applicant at the hearing. The Chairman informed those present that the objectives of the Licensing Act 2003 were taken into consideration, particularly the objectives of the Protection of Children from Harm. The Council’s Statement of Licensing Policy was also considered particularly, the following Sections:
Section 3 - which deals with the Licensing Objectives
Section 9.2 – which states that all applications shall be considered on their own merits
Section 9.7 - which deals with the importance of the Licensed Trade on the local economy
Section 10.1 and Section 10.3 – which deal with the Operating Schedule
Section 12 – which outlines the Committee procedures
Section 27 – which outlines the Council and particularly the Licensing Committee’s responsibilities under the Crime and Disorder Act 1998
As the Public Entertainment Licence had been removed from the licence in 2007 this was not considered by the Sub-Committee.
The Chairman also advised that the decision of the Sub-Committee could be appealed in writing directly to the Magistrates Court within 21 days of the Committee’s decision.