STATUTORY LICENSING SUB-COMMITTEE
Minutes of a meeting held on 21st April, 2017.
Present: Councillors J.W. Thomas, Mrs. M.R. Wilkinson and C.J. Williams.
Also present: Licensing Officer (Vale of Glamorgan Council).
The Scrutiny Support Officer explained as to the procedure to be used for the hearing and advised that copies were included within the agenda.
(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 Grant of Premises Licence - Llancarfan Village Hall, Llancarfan, CF62 3AD -
Also present - Mrs. K. Brain (Applicant’s Representative) and Mrs. S. Taylor (Applicant).
The Chairman welcomed those present to the Sub-Committee hearing and invited each person to introduce themselves. He asked if all parties had made written representations to which all advised that they had.
The Chairman invited the Licensing Officer to present the report, who advised that an application had been made under the Licensing Act 2003 (The Act) for a Premises Licence for Llancarfan Village Hall by Llancarfan and District Community Association (LDCA). This included a separate application for the inclusion of the alternative licence condition dis-applying the requirement for a Designated Premises Supervisor.
The Act made special provision for community premises to enable the Management Committee to take control of the sale by retail of alcohol. In respect of the first aspect of the application therefore, the Licensing Authority was requested to consider the application for the mandatory condition requiring a Designated Premises Supervisor in respect of the licence, to be dis-applied. Mandatory conditions would apply to the licence, if granted, in respect of Age Verification Policy and irresponsible sales of alcohol.
The ‘alternative’ mandatory condition to be imposed was as follows; every supply of alcohol under the premises licence must be made or authorised by the Management Committee.
The Licensing Officer went on to advise that the Local Authority had regard to the Licensing Act 2003 and its four Licensing Objectives. The Objectives were:
The Prevention of Crime and Disorder
The Prevention of Public Nuisance
The Protection of Children from Harm.
The application was submitted on 24th February, 2017 and attached at Appendix A of the report. The application sought authorisation for the sale of alcohol.
The Panel must be satisfied that the supervision and management of the sale of alcohol on the premises; by the Llancarfan and District Community Association would be sufficient to uphold the Licensing Objectives.
As recommended by the statutory guidance, the application included a copy of the Premises Hiring Agreement and Standard Conditions of Hire for all users that covered all four of the Licensing Objectives.
The Panel were advised that representations were not received from the Responsible Authorities in respect of the inclusion of the alternative licence condition in this case, and therefore, no hearing of this issue was necessary and the application may be determined.
In respect of the second part of the application, under the Licensing Act 2003 (Premises and Club Premises Certificates) Regulations 2005 a Responsible Authority or any other person may make relevant representations at any time during the 28 day consultation period. During the consultation period; two representations were received from ‘Other Persons’ that had not been mediated. Therefore, the matter had been referred to the Sub-Committee. The ‘Other Persons’ representations were attached at Appendix B to the report. Although many of the points included in the representations were not relevant considerations under the Licensing Act 2003, both referred to previous events at the premises where there had been instances of public nuisance.
In conclusion, the Licensing Officer advised that a Premises Licence, once granted, would generally remain in force indefinitely. The circumstances in which it would not do so are when:
it was revoked; or
the applicant requested a licence for a limited time only; or
it was suspended; or
it lapsed due to some incapacity on the part of the licence holder; or
it was surrendered.
The Chairman invited the Applicant to present their representation in support of their application.
Mrs. Brain, representative for the Applicant, advised the Committee that the hall was being utilised by two established clubs on a regular basis. The clubs in question were currently applying for Temporary Event Notices (TENs) for each event and the reason for the application was to acquire a general licence that would negate the need for regular TEN applications and ease the process for using the hall. One-off events were also taking place in the hall that required Temporary Event Notices. The LDCA was selective on who used the hall and always mindful not to cause disruption to maintain a happy and controlled environment around the hall.
The Chairman invited all parties to raise their questions of the Applicant. However, there were no questions raised so the Chairman invited the ‘Other Persons’ to make their representations in the absence of the Responsible Authorities.
Mr. Valencia, Other Person, advised the Committee that he was making a representation as a very close neighbour to the hall. He had no objection to the established clubs currently using the hall. If the licence was granted, his concern would be that the frequency and size of the events held would increase significantly and therefore cause disruption to the residents in the immediate vicinity. He did not witness the incidents of disruption, referred to in his written representation, that occurred a couple of years previously during an 18th birthday party that had a lack of parental supervision. As there was no caretaker for the hall, supervision of future events was also a concern. Mr. Valencia questioned whether there was a need for a second Premises licenced to sell alcohol, within a small village and advised that current events taking place were suited to the small community of Llancarfan. With the sale of alcohol on the hall premises, Mr. Valencia also questioned the impact, if any, there would be for the local school using the venue. He acknowledged that had he been aware of the reasoning behind the application, his concerns would have been mediated.
The Chairman advised the Committee that any premises, other than the one related to the application, was not relevant to the hearing and would not be considered by the Panel. He invited those present to raise their questions for the ‘Other Persons’.
A Panel Member asked if Mr. Valencia would clarify his concerns over children using the hall.
Mr. Valencia queried how alcohol would be stored and/or displayed in the hall whilst school children used the venue.
Mrs. Brain advised that local schools did not use the hall during the evenings, when events likely to serve alcohol were to take place, so there would be no impact on their continued use. Mrs. Taylor added that the terms of hire specified that nothing was to be left in the hall following an event and confirmed that there would be no alcohol stocked on the premises.
The Chairman provided all parties with the opportunity to sum up their representations and was advised that there were no further remarks they would like to make.
The Chairman advised the Applicant that the sale of alcohol end time and the premises closing time were both 23:00 which would not allow users the time to finish drinks they had purchased near to the venue closing. He also brought the Applicant’s attention to the comprehensive steps included within the application Operating Schedule and queried if the Applicant understood the implications of promoting such steps to comply with the licensing objectives for each event.
The Applicant confirmed that the sale of alcohol end time was chosen to be in line with the local public house. The Applicant’s understanding of the steps, written in the Operating Schedule, were to inform the Local Authority of the licence application in the first instance and not for each individual event. Therefore, the entries were incorrect and an error they wished to remove from the application.
Following the summing up, and there being no further questions, the Licensing Sub-Committee retired to consider the application in private.
On return, the Chairman advised that the application was for the grant of a Premises Licence at Llancarfan Village Hall, Llancarfan, CF62 3AD. The application was for the sale of alcohol, Monday to Sunday, 12:00 to 23:00 hours.
He advised that written representations had been received and considered from ‘Other Persons’.
In delivering the decision of the Committee, the Chairman summarised the representations presented by all parties at the hearing:
The Licensing Authority had no further representations to make other than those already contained within the Officer’s report.
Mr. Valencia, a neighbour of the hall, expressed concern over the frequency that events may take place which would cause problems for neighbours and people living in the vicinity.
Mr. Valencia also questioned whether alcohol would be stored or displayed on the premises that was used by the school and other young persons.
The application, if allowed, would give the Management Committee greater flexibility in organising events than they currently had using Temporary Event Notices. The established clubs using the hall had to apply for Temporary Event Notices if they wished to sell alcohol and they were having to do so on a regular basis. Other one-off fund raising events were also held at the hall, where at present, Temporary Event Notices needed to be applied for. The use of the hall was at the discretion of the Management Committee and it’s Booking Clerk who had no wish to upset local residents.
The Applicant was advised that they had the right to appeal against the decision of the Committee. The appeal must be made in writing and within 21 days to the Cardiff and Vale of Glamorgan Magistrates Court. If in any doubt as to their legal rights and/or responsibilities the Applicant should take independent legal advice.
The Chairman advised that following consideration of the application, the representations of the ‘Other Persons’, Local Authority and the Applicants, and having considered the Home Office Guidance, along with the Council’s Statement of Licensing Policy, and also taking into account the Licensing Act 2003, as amended, in particular the Licensing Objectives, the Licensing Sub Committee had
RESOLVED - T H A T the application be granted, omitting the requirements for consultation with statutory bodies originally outlined in the operating schedule of the application. This having been confirmed as an error by the Applicant.
Reason for decision
The Licensing Sub-Committee was satisfied that the Applicant, Llancarfan and District Community Association, intended to run the premises in a similar way to that which it had to date but without the need to apply for Temporary Event Notices for each event.
The granting of the application would allow the Management Committee greater booking flexibility but also, through the replacement mandatory conditions, the responsibility for every sale of alcohol under the licence which was not currently the case with Temporary Event Notices.
The Licensing Sub-Committee wished to inform the Applicant and ‘Other Persons’ that if the application caused concern and breached the Licensing Objectives it would be reviewed at any time.