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 LICENSING SUB-COMMITTEE

 

Minutes of a meeting held on 19th June, 2015.

 

Present:  Councillors Mrs. P. Drake, A.G. Powell and Mrs. M.R. Wilkinson.

 

Also present:  Licensing Officer (Vale of Glamorgan Council).

 

The Democratic and Scrutiny Services Officer advised that further copies of the agenda and the order of proceedings was available at the meeting if required. 

 

 

(a)       Appointment of Chairman -

 

Councillor A.G. Powell was elected Chairman for the duration of the hearing.

 

 

(b)       Declarations of interest -

 

No declarations were received.

 

 

(c)        Licensing Act 2003 - Application for a Premises Licence - Romilly’s Coffee Shop, 1-2 Bron- y- Mor, Barry -

 

Also present - Mr. D. Sheppard (Applicant’s representative), Ms. A. Mazey (Applicant), L. Morris (Applicant), R. Lewis (Representative).

 

The Chairman welcomed those present and advised of the procedure as contained within the agenda.   

 

The Licensing Officer commenced by advising that on 23rd April, 2015 an application had been submitted by Darren Sheppard on behalf of Alicia Mazey and Lesley Morris for a premises licence under the Licensing Act 2003 for Romilly’s Coffee Shop.  The application requested permission for the sale of alcohol for consumption on and off the premises from 08:00 hours to 22:30 hours, seven days a week. A copy of the application was attached at Appendix A to the report.  The Sub-Committee was informed that no representations had been received from Responsible Authorities in relation to the application.  A representation had however, been received on 20th May 2015 from a local resident (Mrs. A. Davies), a copy of which was attached at Appendix B to the report, a message had also been received from Mrs. Davies informing the Licensing section that she would not be attending the hearing.

 

The Licensing Officer in presenting the report further advised that the Licensing Sub-Committee was only able to take into account matters that related directly to the likely impact on the Licensing Objectives of the licensable activities applied for within the application and that a Premises Licence once granted would generally remain in force indefinitely.  The circumstances in which it would not do so were

 

·                  if the licence was revoked

·                  if the applicant requested a licence for a limited period only

·                  if the licence was suspended or had lapsed due to some incapacity on the part of the licence holder

·                  or lapsed on surrender.

 

Following the presentation by the Licensing Officer, the Applicant was then afforded the opportunity to present their representations.  Mr. Darren Sheppard (Applicant’s representative) stated that having considered the representations received from the local resident it was the Applicant’s intention to go forward with the application as applied for.  The Applicant wished to bring something different to the area by offering the opportunity for alcohol to be served to complement its current facilities and stated that there were also a number of licensed premises in close proximity.   The café had an outdoor seating area which the Applicants wished to use for clients visiting the coffee shop to sit out in as and when appropriate.  In referring to the written representations by the local resident (A. Davies - other person) dated 20th May 2015, the Council’s legal officer advised all present that with regard to the third bullet point the issue of car parking facilities could not be taken into account as this would be a matter for the highways department and therefore not a matter for consideration by the Licensing Sub-Committee.

 

However, in considering the representation attached to the agenda and the concern regarding noise from the outdoor seating area it was noted that no representations had been received from the Responsible Authorities.  Mr. Sheppard stated that there was no evidence to suggest noise nuisance.  The Chairman advised that as no evidence was available the Sub-Committee could not assume that noise would be an issue however, a licence could be subject to a review in the future should evidence be available at that time.  As the other person was not present at the meeting to make their representations verbally, the Chairman subsequently provided the Applicant’s representative with an opportunity to sum up.  Mr. Sheppard declined the opportunity to sum up on the basis that, in his view, all the points that he had wished to make had  been covered earlier in the proceedings.

 

Members of the Sub-Committee sought clarification on a number of issues, in particular with regard to the use of the seating area outside and the number of people that could be accommodated.  Ms. Mazey in response advised that the seating area could accommodate approximately 40 people but that it was not her intention to open late on a regular basis.  However, the application had been made in order for the café to have the flexibility order to allow them the opportunity to provide further facilities if required.  In referring to the premises next door, Ms. Mazey stated that she was aware that this had recently been taken over and it was likely to be open in the forthcoming months and the premises had also previously had provision for outdoor facilities. 

 

Members queried why the application had been made for the sale of alcohol to finish at 10.30 p.m with Ms. Mazey advising that this had been considered reasonable with the closure of the premises being  11.00 p.m.  In conclusion, Mr. Sheppard advised that the main purpose of the application was to self-manage as and when required. 

 

There being no further representations or questions from Members, the Licensing Sub-Committee retired to consider the application in private.

 

On return, the Chairman advised that, having considered the application and representations by the other person and having considered the Home Office Guidance and objectives of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Sub-Committee had

 

RESOLVED - T H A T the application be granted as applied for for the Sale of Alcohol  for 08:00 - 22:30 hours, seven days a week subject to the conditions as set out in the Applicant’s Operating Schedule and the mandatory conditions.

 

Reason for decision

 

The Chairman advised that the Sub-Committee considered that with good management, the granting of the application should not cause concern to local residents, however, reminded all present that the licence could be reviewed if this was not the case and at a review the licence may be amended or revoked.