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Agenda Item No

 

The Vale of Glamorgan Council

 

The Licensing Act 2003 Sub-Committee 26th June 2012

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for Variation of a Club Premises Certificate

 

Purpose of the Report

1.             To ask Members to consider an application for the variation of a Club Premises Certificate made by Barry Athletic Club Limited, Paget Road, Barry Island, Barry, CF62 5TQ.

Recommendations

The options available to the Licensing Act 2003 Sub Committee are:

 

·               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 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.             On 27th April 2012 an application was submitted by Barry Athletic Club Limited to vary the Club Premises Certificate.

Relevant Issues and Options

4.             The application requests permission for the performance of live music, recorded music, provision of facilities for making music, provision of facilities for dancing and supply of alcohol 1200 hours to 2300 hours Monday to Sunday. A copy of the relevant parts of the application is attached at Appendix A to this report.

5.             The supply of alcohol already forms part of the existing Club Premises Certificate for 1200 hours to 2300 hours.

6.             The 2330 hours on Sunday for recorded music has been confirmed as an administrative error by the applicant.

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 period of 28 day consultation period.

8.             On 8th May 2012 a representation was received and deemed partly relevant from interested parties. A copy of the representation is attached at Appendix B to this report.

9.             On 24th May 2012 a representation was received from Environmental Health. A copy of the representation is attached at Appendix C to this report.

10.        On 8th June 2012 the Environmental Health conditions were agreed by Barry Athletic Club Limited.

11.        Licensing Officers are not delegated the authority to vary a Club Premises Certificate 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)

12.        Licensing Act 2003 fees and charges do not cover the administration and enforcement of the Licensing Act 2003.

Legal Implications (to Include Human Rights Implications)

13.        Section 85 of the Licensing Act 2003 - Determination of application to Vary a Club Premises Certificate - provides that; 

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

        (a) receives an application, made in accordance with section 84, to vary a club premises certificate, and

        (b) is satisfied that the applicant has complied with any requirement imposed by virtue of subsection (4) of that section.

 

(2)    Subject to subsection (3) and section 86(6), the authority must grant the application.

 

(3)    Where relevant representations are made, the authority must—

        (a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary.

 

14.        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, 12 and Section 27.

Crime and Disorder Implications

15.        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.

16.        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)

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

Corporate/Service Objectives

18.        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

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

Consultation (including Ward Member Consultation)

20.        The Responsible Authorities are the statutory consultees in respect of applications to vary club premises certificates. The statutory 28 day consultation period for this application has been completed.

Relevant Scrutiny Committee

21.        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

Katie Brook, Licensing Enforcement Officer. 01446 709105

 

Officers Consulted

None.

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority