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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Sub-Committee: 30th April, 2012

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for a Variation of a Premises Licence - Pier 64

 

Purpose of the Report

1.             To ask Members to consider an application under the Licensing Act 2003 for the variation of a Premises Licence at Pier 64 Wine Bar & Steakhouse, Penarth Portway, Penarth Marina, Penarth, CF64 1TT.  

Recommendations

After careful consideration of the facts of this Report, and after hearing from the applicant, Members may wish to consider the following options:-

  • Grant the variation application subject to those conditions consistent with the Operating Schedule; or
  • Grant the variation application, and modify the conditions of the Operating Schedule by amending, omitting or adding to them as they deem necessary; or
  • Reject a part of, or the whole application.

Reasons for the Recommendations

To advise the Members of the relevant options available to them under the Licensing Act 2003 in determining this matter.

 

Background

2.             In November 2005 The Licensing Act 2003 introduced a new licensing regime which centres around four licensing objectives.  The objectives are:

  • The prevention of crime and disorder
  • Public Safety
  • The prevention of public nuisance
  • The protection of children from harm

3.             Pier 64 Wine Bar & Steakhouse was granted a Premises Licence on 20th June 2011 following the application being heard before the Licensing Committee.  This licence is attached at Appendix A to this report.

4.             On 13th March 2012, an application for the variation of a Premises Licence was submitted by Mr Paul Smith and Mr Francis Dupuy for Pier 64 Wine Bar & Steakhouse.  This application is attached at Appendix B to this report.

Relevant Issues and Options

5.             The variation application requests the amendment of condition 7 under Annex 3- as agreed with Environmental Health, on the Grant of the Premises Licence, which states "The balcony area shall be closed from 21:00 hours until 09:00 hours so to limit noise breakout and disturbance".

6.             The applicant has requested that the hours of closure for the balcony area begins at 23:00 hours, not 21:00 hours as required under the current Premises Licence.

7.             Under The Licensing Act 2003 (Premises and Club Premises Certificates) Regulations 2005 an Interested Party or a Responsible Authority may make relevant representations at any time during the 28 day consultation period.

8.             On 16th March 2012, a relevant representation was received from Linda Simpson. 

9.             On 19th March 2012,  a relevant representation was received from Mr and Mrs Thomas.

10.        On 4th April 2012, a relevant representation was received from The Vale of Glamorgan Environmental Health Department.

11.        On 9th April 2012, a relevant representation was received from John Stubbs.

12.        On 10th April 2012, a relevant representation was received from Anne Cuthbert-Berry

13.        These five representations are attached at Appendix C to this report.

14.        A Premises Licence, once granted, will generally remain in force indefinitely.  The circumstances in which it will not do so are when:

  • It is revoked; or
  • The applicant requests a licence for a limited time only; or
  • It is suspended; or
  • It lapses due to some incapacity on the part of the licence holder; or
  • It is surrendered.

15.        Licensing Officers are not delegated the authority to grant a Premises Licence when Relevant Representations have been received and have not been satisfactorily mediated.  It is therefore for Members to consider the application and the Relevant Representations.

Resource Implications (Financial and Employment and Climate Change, if appropriate)

16.        All resources directed to the administration and enforcement of the Licensing Act 2003 functions must be recovered through the prescribed Licensing Act 2003 fees and charges.  

Legal Implications (to Include Human Rights Implications)

17.        Section 18 of the Licensing Act 2003 - Determination of application for Premises Licence - provides that;

(1)   This section applies where the relevant licensing authority-

(a) receives an application for a premises licence made in accordance with section 17,and

(b) is satisfied that the applicant has complied with any requirement imposed on him under subsection (5) of that section.

18.        The Licensing Authority has therefore determined that the application meets the requirements of both the Licensing Act 2003 and its Guidance, and can be processed accordingly.

19.        The Licensing Act 2003 Sub-Committee should have regard to the Vale of Glamorgan Council's Statement of Licensing Policy, and pay particular attention to Sections 3, 9.2, 9.6, 9.7, 10.1, 10.3,11, 12, 20.2, and Section 27.

Crime and Disorder Implications

20.        Under Section 17 of the Crime and Disorder Act 1998 local authorities must have regard to the likely effect of the exercise of their functions on, and do all they can to prevent, crime and disorder in their area.

21.        A Licensing Authority must carry out its' functions under the 2003 Act with a view to promoting the licensing objectives. 

  • Prevention of Crime and Disorder - The Licensing Authority is committed to reducing crime and disorder across the country.  Reducing crime and the fear of crime is important to the community, especially vulnerable members of the community such as the very young and elderly.

Equal Opportunities Implications (to include Welsh Language issues)

22.        The Licensing Authority is obliged to deal with all Licensing Act 2003 applications on an impartial and equitable basis.

Corporate/Service Objectives

23.        To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.

Policy Framework and Budget

24.        The proposals in this report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

25.        The Responsible Authorities are the statutory consultees in respect of premises licence applications.  The statutory 28 day consultation period for this application has been completed.

Relevant Scrutiny Committee

26.        Housing and Public Protection.

Background Papers

The Licensing Act 2003;  The Secretary of State's Guidance issued under Section 182 of the Licensing Act 2003;  Regulations to the 2003 Act;  Vale of Glamorgan Council's Statement of Licensing Policy.

 

Contact Officer

Sian Rees, Licensing Officer 01446 709105

 

Officers Consulted

None.

 

Responsible Officer:

Peter H. Evans, Director of Legal, Public Protection and Housing Services.

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